Terms of Use
COMMUTEINFO WEB SITE: TERMS OF USE AND PRIVACY STATEMENT
BACKGROUND
The Mobility Alternatives Program (MAP) is a program of the Delaware Valley
Regional Planning Commission ("DVRPC," "we," "us,"
"our") that provides a variety of services for residents in
the Southeastern PA region (including but not limited to ridematching,
vanpooling, Emergency Ride Home, incentive programs). DVRPC, in part,
has commissioned the creation of a regional rideshare program (Share-A-Ride)
to assist people that commute within the Southeastern PA region. DVRPC
is not the only entity involved in commissioning and/or promoting the
rideshare program, and as such, the program may be subject to terms and
conditions outside of those required by DVRPC. Particularly, the ridematching
software used by DVRPC (RidePro) is not directly under the control of
DVRPC and, therefore, may be governed by separate terms and conditions.
A rideshare program, by its very nature, may entail some risk. The purpose
of the rideshare program is to ease travel to and from an individual's
workplace by promoting transit, biking, and walking as well as facilitating
the establishment of carpools, vanpools, and bikepools for commuters.
As such, there may be times when you are a passenger or a driver for other
passengers. DVRPC, in providing this service of matching riders and drivers
based on location and work schedule, hereby disclaims any responsibility
or liability for any accidents or harm to any rideshare program participants.
DVRPC provides this service solely as a venue for communication between
commuters that meet certain criteria. We do not evaluate or insure the
character or skill of any drivers or passengers. Furthermore, our records
are based on information that users enter into the database. Some of this
information may be inaccurate or incomplete. DVRPC and MAP do not evaluate
the correctness or truthfulness of the information submitted and cannot
be responsible for any false information submitted.
This agreement (the "Terms of Use") explains the contractual
relationship between you ("you," "your") the person
using this web site (the "Web Site"), and DVRPC, regarding your
use of the Web Site and your participation in the CommuteInfo program.
Your continued use of the Web Site is your automatic agreement to the
provisions in the Terms of Use. If you do not accept these Terms of Use,
you are not authorized to use the Web Site.
We recommend that you review these Terms of Use. You should also print
a copy for your records.
UPDATES TO TERMS OF USE
We may amend these Terms of Use at any time by posting the amended Terms
of Use on the Web Site. Please review our Web Site and these Terms of
Use periodically for updates or changes. Your continued use of the Web
Site after the posting of the amended Terms of Use constitutes your automatic
acceptance of the amended Terms of Use. You may only amend these Terms
of Use with a writing signed by both you and DVRPC.
USE OF WEB SITES
You agree to use our Web Site only for lawful purposes. You agree not
to use the service for illegal purposes or for the transmission of material
that is unlawful, harassing, libelous, invasive of another's privacy,
abusive, threatening, harmful, vulgar, obscene, or otherwise objectionable,
or that infringes or may infringe the intellectual property or other rights
of another or that violates any federal, state or local law. You agree
to supply truthful information.
PRIVACY POLICY
Our Privacy Policy is a part of the Terms of Use. We may amend the Privacy
Policy from time to time.
- Who May Use This Web Site
This Web Site is not intended or designed to attract users who are minors.
We do not collect personally identifiable data from any person we know
to be under the age of 18 and instruct users under 18 not to send us
any information for collection on the Web Site.
- Information Collected From You
If you choose to take advantage of our rideshare program you will be
asked to provide personal information. You then become a Registered
User. We will collect personal information that you choose to share
with us which can identify you, such as your name, address, telephone
number, e-mail address, and other similar information. We will use this
information to create a database to be used to match riders and drivers
and to respond to your requests. We may also use this information to
contact you and/or provide you with general information about rideshare.
We may share this information with others in order to accomplish our
goal of enhancing transportation services in Southeastern Pennsylvania
but we will not disclose your information for commercial marketing purposes.
By submitting this information about yourself on our application you
agree that the information you submit will be entered into the regional
rideshare database. Matches between riders and drivers are made via
computer and based on proximity of home and worksite addresses and work
schedules. If you have agreed to be matched with potential rideshare
partners, they will receive a letter, fax or email from us with your
contact information.
Although your information will not be provided to a marketing company
it may be aggregated for statistical purposes and that information may
be used for marketing.
- How your information is used.
We utilize "cookies." These are small files that we send to
and store on your computer so that we may recognize it as a unique machine.
We do not store personal information from one visit to the next by a
user.
The information you provide when you become a Registered User is used
among other uses to help us customize your online experience. Your User
ID serves as a unique identifier in our record system, and it is used
together with your password to prevent unauthorized access to any information
you choose to store on our site.
We may also use the information you provide at registration to contact
you for administrative, or other reasons. You may have these communications
terminated. This likely will take 4-6 weeks from the time you give us
notice.
The information gathered automatically by our system--such as your computer's
IP address, the kind of browser you're using, and a record of your navigation
through the Website may be used so we can understand how to make our
site convenient and useful to our audience and to improve our products
and services.
- Your Choices
You can apply to participate in the rideshare program online, over the
telephone, or you can send us an application on paper. In any event,
we store data in our computer database.
- Access To Your Information
In the event of a merger or business transaction, our assets may be
sold or transferred or used as security and your information may be
transferred to third parties as part of that transaction. Your information
may be shared with affiliated businesses or partners. We do not intend
to reveal individually identifiable information to third parties except
in the manner stated in the Privacy Policy. We provide aggregated information
received from you to third parties and take commercially reasonable
precautions to prevent the aggregated information provided to third
parties from including significant individually identifiable information.
We cannot insure that your information will never be disclosed in ways
not described in this Privacy Policy.
If we are requested by law enforcement or government officials or judicial
or regulatory authorities to provide information on you, we may, without
your consent, provide such information. In matters involving claims
of personal or public safety or in litigation where the data is pertinent,
we may use or disclose your personal information without your consent
knowledge or court process.
- Will Your Information Be Secure?
We recognize you may be concerned about the security of your personal
information, and we are committed to employing reasonable technology
in order to protect the security of our Web Site. Even with such technology,
no web site is 100% secure. We will take reasonable measures which we
believe are appropriate to protect your information from loss, misuse,
alteration or destruction, and, where possible, will ask that any third
parties to whom we may transfer your information take comparable steps
to protect that security.
We are the owner of data you supply to us.
NO WARRANTY
WE PROVIDE THE WEB SITE, THE MAP PROGRAM, AND ANY OTHER SERVICES "AS
IS", WHERE IS, AND WITHOUT ANY WARRANTY OR CONDITION OF ANY KIND,
EXPRESS, IMPLIED OR STATUTORY. WE SPECIFICALLY DISCLAIM THE IMPLIED WARRANTIES
OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT.
WE ALSO DO NOT GUARANTEE CONTINUOUS, UNINTERRUPTED OR SECURE ACCESS TO
OUR SERVICES, AND OPERATION OF THE WEB SITE MAY BE INTERFERED WITH BY
NUMEROUS FACTORS OUTSIDE OF OUR CONTROL. YOU USE THE WEB SITE AND THE
MAP PROGRAM AT YOUR OWN RISK.
YOU UNDERSTAND AND AGREE THAT ANY MATERIAL AND/OR INFORMATION DOWNLOADED
OR OTHERWISE OBTAINED THROUGH THE USE OF OR FROM OUR WEB SITES IS DONE
AT YOUR OWN DISCRETION AND RISK AND THAT YOU WILL BE SOLELY RESPONSIBLE
FOR YOUR USE OR NONUSE OF SUCH INFORMATION, INCLUDING, WITHOUT LIMITATION,
ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE
DOWNLOAD OF SUCH MATERIAL AND/OR INFORMATION AND ANY BODILY INJURY. WE
AND OUR AFFILIATES MAKE NO WARRANTY REGARDING ANY SERVICES OBTAINED THROUGH
OR FROM OUR WEB SITE OR ANY TRANSACTIONS ENTERED INTO THROUGH WEB SITE.
NO ADVICE OR INFORAMTION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM
US OR THROUGH OR FROM ANY SERVICE ON OUR WEB SITE SHALL CREATE ANY WARRANTY
NOT EXPRESSLY STATED HEREIN. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION
OF CERTAIN WARRANTIES, SO SOME OF THE ABOVE EXCLUSIONS MAY NOT APPLY TO
YOU.
LIMITATION OF LIABILITY
In the event that you have a dispute with one or more users of the Web
Site and/or the MAP program, you release us (and our agents and employees)
from claims, demands and damages (actual, consequential and punitive)
of every kind and nature, known and unknown, suspected and unsuspected,
disclosed and undisclosed, arising out of or in any way connected with
the Web Site, the MAP program, or such disputes. You waive the provisions
of any law or regulation limiting or prohibiting a general release.
We will have no liability, whatsoever, for the unavailability of the
Web Site caused by our supplier's performance or lack of performance of
the maintenance work to keep the Web Site operable. We will also not have
any liability for any loss of data or transactions resulting from delays,
non-deliveries, mis-deliveries or service interruptions caused by us,
any third party acts or any other web host provider or the Internet infrastructure
and network external to the Web Site.
IN NO EVENT SHALL DVRPC BE LIABLE FOR ANY DIRECT, INDIRECT, CONSEQUENTIAL,
INCIDENTAL, SPECIAL, PUNITIVE OR EXEMPLARY DAMAGES, OR FOR ANY LOSS OF
PROFITS OR REVENUE, REGARDLESS OF WHETHER WE KNEW OR SHOULD HAVE KNOWN
OF THE POSSIBILITY OF SUCH DAMAGES.
The limitations of liability provided in these Terms of Use and Privacy
Policy inure to the benefit of DVRPC, subsidiaries, and our affiliates,
and to all of our respective officers, directors, employees, attorneys
and agents. Some jurisdictions do not permit the disclaimers and limitations
contained in these Terms of Use, in which case they may not be applicable
to you.
INDEMNIFICATION
We reserve the right to report any wrongdoing, if and when we become aware
of it, to any applicable government agencies. You agree to indemnify,
defend and hold us harmless from and against any and all claims, demands,
actions, costs, liabilities, losses and damages of any kind (including
attorneys' fees) resulting from your use of the Web Site, MAP, your breach
of any provision of these Terms of Use and Privacy Policy and/or any intentional
wrongdoing by you. Any such indemnification shall be conditioned on our:
(a) notifying you in writing of any such claim, demand, action, cost,
liability, loss or threat of any thereof; (b) cooperating with you in
the defense or settlement thereof; and (c) allowing you to control such
defense or settlement. We shall be entitled to participate in such defense
at our own cost and expense.
THIRD PARTY LINKS, CONTENT AND TERMS OF USE
The Web Site may contain links to third-party web sites not under the
control or operation of DVRPC. When we provide links, we do so only as a
convenience and do not endorse and are not responsible for the contents
of any linked site or any link contained in a linked site. Our Terms of
Use and Privacy Policy do not apply to these other links.
The Web Site may contain information or other functionality provided
by various third party providers. Use of any third party news, information
or functionality may be conditioned upon Terms and Conditions and Privacy
Policies as provided by such third party providers. Your use of links
to those other Web Sites constitutes acceptance of these third parties'
Terms and Conditions and Privacy Policies. We recommend that you review
these linked sites' Terms and Conditions and Privacy Policies.
OUR RELATIONSHIP
No agency, partnership, joint venture, employee-employer or franchisor-franchisee
relationship is intended or created by these Terms of Use between you
and DVRPC or between any other rider or driver and DVRPC. These Terms of Use
are an agreement between you and us and are not intended to be for the
benefit of any third party.
OWNERSHIP
The Web Site and all intellectual property rights included in or related
to the Web Site (including but not limited to any information databases,
copyrights, trademarks and service marks), are owned or licensed by us
or our affiliates, and all right, title and interest in the Web Site and
the intellectual property rights remain our property (or the property
of the respective licensors). You may not, and these Terms of Use do not
give you permission to, reproduce, reverse engineer, decompile, disassemble,
modify or create derivative works with respect to the Web Site. Certain
content may be licensed from third parties and all such third party content
and all intellectual property rights related to the content belong to
the respective third parties. You may not remove any copyright, trademark
or other intellectual property or proprietary notice or legend contained
on the Web Site or its content.
LAWS AND REGULATIONS
You agree to comply with all applicable laws, statutes, ordinances and
regulations regarding: (i) use of the Web Site and the CommuteInfo program;
and (ii) release of information to and retrieval of information from the
Web Site and any DVRPC database. To the extent that any applicable taxes
apply to your use of the Web Site, you are responsible for the payment
of such taxes.
TERMINATION OF USE
If at any time you are not in compliance with these Terms of Use or Privacy
Policy, or if you supply false information or otherwise violate the rights
of other users, we have the right to terminate your rights of use and
your access to the Web Site, MAP and SAR programs. We have the absolute
right to terminate your use and participation at our discretion, for any
reason, or for no reason.
GOVERNING LAW AND JURISDICTION
The Web Site (excluding linked sites) is operated from Philadelphia, Pennsylvania,
USA. It can be accessed from all 50 states in the United States, as well
as from other countries around the world. As each of these places has
laws that may differ from those of Pittsburgh, Pennsylvania, USA, by accessing
the Web Site, you agree that these Terms of Use and Privacy Policy and
your use of the Web Site shall be governed in all respects by the substantive
laws of the Commonwealth of Pennsylvania, United States of America, without
regard to conflict of laws provisions. DVRPC makes no representation that
materials on the Web Site are appropriate or available for use in other
locations, and accessing them from territories where their contents are
illegal is prohibited. Those who choose to access this site from other
locations do so on their own initiative and are responsible for compliance
with local laws. Furthermore, any controversy or claim brought by you
against DVRPC arising out of or relating to these Terms of Use or the
Web Site or the MAP program shall be settled by binding arbitration in
accordance with the commercial arbitration rules of the American Arbitration
Association. Any such controversy or claim brought by you shall be arbitrated
on an individual basis, and shall not be consolidated in any arbitration
with any claim or controversy of any other party. The arbitration shall
be conducted in Philadelphia, Pennsylvania, USA, and judgment on the arbitration
award may be entered into any court having jurisdiction thereof.
NOTICE
Except as explicitly stated otherwise or required by law, you shall provide
any notices to DVRPC's MAP program by e-mail at sharearide@dvrpc.org.
OTHER GENERAL PROVISIONS
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. Our failure to act with respect to a
breach by you or others does not waive our 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.
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