|
|
ROARING FORK TRANSPORTATION AUTHORITY WEB SITE TERMS OF USE and NOTICES AGREEMENT BETWEEN USER AND ROARING FORK TRANSPORTATION
AUTHORITY The Roaring Fork Transportation
Authority Web Site is comprised of various Web sites and Web pages operated
by Roaring Fork Transportation Authority. The Roaring Fork
Transportation Authority website is offered to you conditioned on your
acceptance without modification of the terms, conditions, and notices
contained herein. Your use of the Roaring Fork Transportation Authority
website constitutes your agreement to all such terms, conditions, and
notices. Your use of a particular Roaring Fork Transportation Authority Web Site
included within the Roaring Fork Transportation Authority may also be subject
to additional terms outlined elsewhere in this agreement (the
"Additional Terms"). To go directly to any of the Additional Terms,
click on the link below: Additionally, the Roaring
Fork Transportation Authority web site may themselves contain additional
terms, codes of conduct or guidelines that govern use of those sites,
including without limitation, particular features or offers (for example,
sweepstakes or chat areas). In the event that any of
the terms, conditions, and notices contained herein conflict with the
Additional Terms or other terms and guidelines contained within any
particular Roaring Fork Transportation Authority Web Site, then these terms
shall control. PRIVACY AND PROTECTION
OF PERSONAL INFORMATION See the Privacy Statement
at www.rfta.com/privacy.html
for disclosures relating to the collection and use of your personal
information. MEMBER ACCOUNT, PASSWORD,
AND SECURITY If a particular Roaring
Fork Transportation Authority web site, or any product or service offered on
any Roaring Fork Transportation Authority Web Site requires you to open an
account, you must complete the registration process by providing us with
current, complete and accurate information as prompted by the applicable
registration form. You then will choose a password and a user name. You are
entirely responsible for maintaining the confidentiality of your password and
account. Furthermore, you are entirely responsible for any and all activities
that occur under your account. You agree to notify Roaring Fork
Transportation Authority immediately of any unauthorized use of your account
or any other breach of security. Roaring Fork Transportation Authority will
not be liable for any loss that you may incur as a result of someone else
using your password or account, either with or without your knowledge.
However, you could be held liable for losses incurred by Roaring Fork
Transportation Authority or another party due to someone else using your
account or password. You may not use anyone else's account at any time,
without the permission of the account holder. MODIFICATION OF THESE
TERMS OF USE Roaring Fork
Transportation Authority reserves the right to change the terms, conditions,
and notices under which the Roaring Fork Transportation Authority
Site/Services are offered, including but not limited to the charges
associated with the use of the Roaring Fork Transportation Authority Sites/Services.
You are responsible for regularly reviewing these terms and conditions and
additional terms posted on particular websites. Your continued use of the
Roaring Fork Transportation Authority Sites/Services constitutes your
agreement to all such terms, conditions, and notices. PERSONAL AND
NON-COMMERCIAL USE LIMITATION Unless otherwise
specified, the Roaring Fork Transportation Authority Sites/Services are for
your personal and non-commercial use. You may not modify, copy, distribute, transmit,
display, perform, reproduce, publish, license, create derivative works from,
transfer, or sell any information, software, products or services obtained
from the Roaring Fork Transportation Authority Sites/Services. Without the
advance express written permission of Roaring Fork Transportation Authority,
you may not 'meta-search' the Roaring Fork Transportation Authority Sites/Services, send, or cause to be sent,
any automated queries of any sort to the Roaring Fork Transportation
Authority Sites/Services, or use the Roaring Fork Transportation Authority
Sites/Services in any commercial manner. "Automated queries" shall
include but not be limited to using any software that sends queries to any
Roaring Fork Transportation Authority Sites/Services to determine how a web
site "ranks" on any Roaring Fork Transportation Authority
Sites/Services. LINKS TO THIRD PARTY
SITES The Roaring Fork
Transportation Authority Sites/Services may contain links to third party Web
sites ("Linked Sites"). The Linked Sites are not under the control
Roaring Fork Transportation Authority and Roaring Fork Transportation
Authority is not responsible for the contents of any Linked Site, including
without limitation any link contained in a Linked Site, or any changes or
updates to a Linked Site. Roaring Fork Transportation Authority is not
responsible for webcasting or any other form of transmission received from
any Linked Site nor is Roaring Fork Transportation Authority responsible if
the Linked Site is not working appropriately. Roaring Fork Transportation
Authority is providing these links to you only as a convenience, and the
inclusion of any link does not imply endorsement by Roaring Fork
Transportation Authority of the site or any association with its operators.
You are responsible for viewing and abiding by the privacy statements and
terms of use posted at the Linked Sites. Any dealings with third
parties (including advertisers) included within the Roaring Fork
Transportation Authority Sites/Services or participation in promotions,
including the delivery of and the payment for goods and services, and any
other terms, conditions, warranties or representations associated with such
dealings or promotions, are solely between you and the advertiser or other
third party. Roaring Fork Transportation Authority shall not be responsible
or liable for any part of any such dealings or promotions. NO UNLAWFUL OR
PROHIBITED USE As a condition of your
use of the Roaring Fork Transportation Authority Sites/Services, you will not
use the Roaring Fork Transportation Authority Sites/Services for any purpose
that is unlawful or prohibited by these terms, conditions, and notices. You
may not use the Roaring Fork Transportation Authority Sites/Services in any
manner that could damage, disable, overburden, or impair any Roaring Fork
Transportation Authority
Site/Service(s) (or the network(s) connected to any Roaring Fork
Transportation Authority Site/Service(s)) or interfere with any other party's
use and enjoyment of any Roaring Fork Transportation Authority
Site/Service(s). You may not attempt to gain unauthorized access to any
Roaring Fork Transportation Authority Site/Service, other accounts, computer
systems or networks connected to any Roaring Fork Transportation Authority
Site/Service, through hacking, password mining or any other means. You may
not obtain or attempt to obtain any materials or information through any
means not intentionally made available through the Roaring Fork
Transportation Authority Sites/Services. USE OF SERVICES The Roaring Fork
Transportation Authority Sites/Services may contain e-mail services, bulletin
board services, chat areas, news groups, forums, communities, personal web
pages, calendars, photo albums, file cabinets and/or other message or
communication facilities designed to enable you to communicate with others
(collectively, "Communication Services"). You agree to use the
Communication Services only to post, send and receive messages and material
that are proper and, when applicable, related to the particular Communication
Service. By way of example, and not as a limitation, you agree that when
using a Communication Service, you will not:
Roaring Fork
Transportation Authority has no obligation to monitor the Communication
Services. However, Roaring Fork Transportation Authority reserves the right
to review materials posted to a Communication Service and to remove any
materials in its sole discretion. Roaring Fork Transportation Authority
reserves the right to terminate your access to any or all of the
Communication Services at any time, without notice, for any reason
whatsoever. Roaring Fork
Transportation Authority reserves the right at all times to disclose any
information as Roaring Fork Transportation Authority deems necessary to
satisfy any applicable law, regulation, legal process or governmental
request, or to edit, refuse to post or to remove any information or
materials, in whole or in part, in Roaring Fork Transportation Authority sole
discretion. Always use caution when
giving out any personally identifiable information about yourself or your
children in any Communication Service. Roaring Fork Transportation Authority
does not control or endorse the content, messages or information found in any
Communication Service and, therefore, Roaring Fork Transportation Authority
specifically disclaims any liability with regard to the Communication
Services and any actions resulting from your participation in any
Communication Service. Managers and hosts are not authorized Roaring Fork
Transportation Authority spokespersons, and their views do not necessarily
reflect those of Roaring Fork Transportation Authority. Materials uploaded to a
Communication Service may be subject to posted limitations on usage,
reproduction and/or dissemination; you are responsible for adhering to such
limitations if you download the materials. MATERIALS PROVIDED TO
Roaring Fork Transportation Authority OR POSTED AT Roaring Fork
Transportation Authority WEB SITE Roaring Fork
Transportation Authority does not claim ownership of the materials you
provide to Roaring Fork Transportation Authority (including feedback and
suggestions) or post, upload, input or submit to any Roaring Fork
Transportation Authority Site/Service or its associated services for review
by the general public, or by the members of any public or private community,
(each a "Submission" and collectively "Submissions").
However, by posting, uploading, inputting, providing or submitting
("Posting") your Submission you are granting Roaring Fork
Transportation Authority, necessary sublicensees permission to use your
Submission in connection with the operation of their Internet businesses
(including, without limitation, all Roaring Fork Transportation Authority
Sites/Services), including, without limitation, the license rights to: copy,
distribute, transmit, publicly display, publicly perform, reproduce, edit,
translate and reformat your Submission; to publish your name in connection
with your Submission; and the right to sublicense such rights to any supplier
of a Roaring Fork Transportation Authority Site/Service. No compensation will be
paid with respect to the use of your Submission, as provided herein. Roaring
Fork Transportation Authority is under no obligation to post or use any
Submission you may provide and Roaring Fork Transportation Authority may
remove any Submission at any time in its sole discretion. By Posting a Submission
you warrant and represent that you own or otherwise control all of the rights
to your Submission as described in these Terms of Use including, without
limitation, all the rights necessary for you to provide, post, upload, input
or submit the Submissions. SOFTWARE AND CONTENT
AVAILABLE THROUGH THE ROARING FORK TRANSPORTATION AUTHORITY SITES/SERVICES All content and software
(if any) that is made available to view and/or download in connection with
the Roaring Fork Transportation Authority Sites/Services, excluding content
and/or software that may be made available by end-users through a
Communication Service, ("Software") is owned by and is the
copyrighted work of Roaring Fork Transportation Authority and/or its
suppliers and is protected by copyright laws and international treaty
provisions. Your use of the Software is governed by the terms of the end user
license agreement, if any, which accompanies or is included with the Software
("License Agreement"). You may not install or use any Software that
is accompanied by or includes a License Agreement unless you first agree to
the License Agreement terms. For any Software not
accompanied by a license agreement, Roaring Fork Transportation Authority
hereby grants to you, the user, a revocable personal, non-transferable
license to use the Software for viewing and otherwise using the particular
Roaring Fork Transportation Authority Site/Service in accordance with these
Terms of Use, and for no other purpose provided that you keep intact all
copyright and other proprietary notices. Any reproduction or redistribution
of the content and/or Software is expressly prohibited by law, and may result
in severe civil and criminal penalties. Violators will be prosecuted to the
maximum extent possible. WITHOUT LIMITING THE FOREGOING, COPYING OR
REPRODUCTION OF THE CONTENT OR SOFTWARE TO ANY OTHER SERVER OR LOCATION FOR
FURTHER REPRODUCTION OR REDISTRIBUTION IS EXPRESSLY PROHIBITED. You
acknowledge that the Software, and any accompanying documentation and/or
technical information, is subject to applicable export control laws and
regulations of the USA. You agree not to export or re-export the Software,
directly or indirectly, to any countries that are subject to USA export restrictions.
LIABILITY DISCLAIMER THE INFORMATION,
SOFTWARE, PRODUCTS, AND SERVICES INCLUDED IN OR AVAILABLE THROUGH THE ROARING
FORK TRANSPORTATION AUTHORITY SITES/SERVICES MAY INCLUDE INACCURACIES OR
TYPOGRAPHICAL ERRORS. CHANGES ARE PERIODICALLY MADE TO THE ROARING FORK
TRANSPORTATION AUTHORITYSITES/SERVICES AND TO THE INFORMATION THEREIN.
ROARING FORK TRANSPORTATION AUTHORITYAND/OR ITS RESPECTIVE SUPPLIERS MAY MAKE
IMPROVEMENTS AND/OR CHANGES IN THE ROARING FORK TRANSPORTATION AUTHORITY
SITES/SERVICES AT ANY TIME. ADVICE RECEIVED VIA THE ROARING FORK
TRANSPORTATION AUTHORITY SITES/SERVICES SHOULD NOT BE RELIED UPON FOR
PERSONAL, MEDICAL, LEGAL OR FINANCIAL DECISIONS AND YOU SHOULD CONSULT AN
APPROPRIATE PROFESSIONAL FOR SPECIFIC ADVICE TAILORED TO YOUR SITUATION. ROARING FORK
TRANSPORTATION AUTHORITY AND/OR ITS RESPECTIVE SUPPLIERS MAKE NO
REPRESENTATIONS ABOUT THE SUITABILITY, RELIABILITY, AVAILABILITY, TIMELINESS,
LACK OF VIRUSES OR OTHER HARMFUL COMPONENTS AND ACCURACY OF THE INFORMATION,
SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS CONTAINED WITHIN THE
ROARING FORK TRANSPORTATION AUTHORITY SITES/SERVICES FOR ANY PURPOSE. ALL
SUCH INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS ARE
PROVIDED "AS IS" WITHOUT WARRANTY OF ANY KIND. ROARING FORK
TRANSPORTATION AUTHORITY AND/OR ITS RESPECTIVE SUPPLIERS HEREBY DISCLAIM ALL
WARRANTIES AND CONDITIONS WITH REGARD TO THIS INFORMATION, SOFTWARE,
PRODUCTS, SERVICES AND RELATED GRAPHICS, INCLUDING ALL IMPLIED WARRANTIES AND
CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, WORKMANLIKE
EFFORT, TITLE AND NON-INFRINGEMENT. YOU SPECIFICALLY AGREE
THAT ROARING FORK TRANSPORTATION AUTHORITY SHALL NOT BE RESPONSIBLE FOR
UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA, ANY MATERIAL
OR DATA SENT OR RECEIVED OR NOT SENT OR RECEIVED, OR ANY TRANSACTIONS ENTERED
INTO THROUGH AN ROARING FORK TRANSPORTATION AUTHORITY SITE/SERVICE. YOU
SPECIFICALLY AGREE THAT ROARING FORK TRANSPORTATION AUTHORITY IS NOT
RESPONSIBLE OR LIABLE FOR ANY THREATENING, DEFAMATORY, OBSCENE, OFFENSIVE OR
ILLEGAL CONTENT OR CONDUCT OF ANY OTHER PARTY OR ANY INFRINGEMENT OF
ANOTHER'S RIGHTS, INCLUDING INTELLECTUAL PROPERTY RIGHTS. YOU SPECIFICALLY
AGREE THAT ROARING FORK TRANSPORTATION AUTHORITY IS NOT RESPONSIBLE FOR ANY
CONTENT SENT USING AND/OR INCLUDED IN AN ROARING FORK TRANSPORTATION
AUTHORITY SITE/SERVICE BY ANY THIRD PARTY. IN NO EVENT SHALL ROARING
FORK TRANSPORTATION AUTHORITY AND/OR ITS SUPPLIERS BE LIABLE FOR ANY DIRECT,
INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, CONSEQUENTIAL DAMAGES OR ANY DAMAGES
WHATSOEVER INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF USE, DATA OR
PROFITS, ARISING OUT OF OR IN ANY WAY CONNECTED WITH THE USE OR PERFORMANCE
OF THE ROARING FORK TRANSPORTATION AUTHORITYSITES/SERVICES, WITH THE DELAY OR
INABILITY TO USE THE ROARING FORK TRANSPORTATION AUTHORITY SITES/SERVICES OR
RELATED SERVICES, THE PROVISION OF OR FAILURE TO PROVIDE SERVICES, OR FOR ANY
INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS OBTAINED THROUGH
THE ROARING FORK TRANSPORTATION AUTHORITY SITES/SERVICES, OR OTHERWISE
ARISING OUT OF THE USE OF THE ROARING FORK TRANSPORTATION AUTHORITY
SITES/SERVICES, WHETHER BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY
OR OTHERWISE, EVEN IF ROARING FORK TRANSPORTATION AUTHORITYOR ANY OF ITS
SUPPLIERS HAS BEEN ADVISED OF THE POSSIBILITY OF DAMAGES. BECAUSE SOME
STATES/JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY
FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, THE ABOVE LIMITATION MAY NOT APPLY
TO YOU. IF YOU ARE DISSATISFIED WITH ANY PORTION OF THE Roaring Fork
Transportation Authority SITES/SERVICES, OR WITH ANY OF THESE TERMS OF USE,
YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USING THE ROARING FORK
TRANSPORTATION AUTHORITY SITES/SERVICES. STORAGE SPACE AND
OTHER LIMITATIONS You agree that Roaring
Fork Transportation Authority may establish limits concerning use of any
Roaring Fork Transportation Authority Service offered on an Roaring Fork
Transportation Authority Web Site, including without limitation the maximum
number of days that e-mail messages will be retained by any Roaring Fork
Transportation Authority, the maximum number of e-mail messages that may be
sent from or received by an account on any Roaring Fork Transportation Authority,
the maximum size of an e-mail message that may be sent from or received by an
account on any Roaring Fork Transportation Authority, the maximum disk space
that will be allotted on Roaring Fork Transportation Authority servers on
your behalf, and the maximum number of times and duration you may access any
Roaring Fork Transportation Authority in a given period of time. You agree that Roaring
Fork Transportation Authority has no responsibility or liability for the
deletion, corruption or failure to store any messages or other content
maintained or transmitted by any Roaring Fork Transportation Authority
Service. You acknowledge that Roaring Fork Transportation Authority reserves
the right to log off accounts that are inactive for an extended period of time.
Roaring Fork
Transportation Authority MAKES NO WARRANTY THAT ANY Roaring Fork
Transportation Authority SERVICE WILL BE UNINTERRUPTED, TIMELY, SECURE OR
ERROR-FREE. SERVICE CONTACT: mailto:contact@rfta.com TERMINATION/ACCESS
RESTRICTION Roaring Fork Transportation
Authority reserves the right, in its sole discretion, to terminate your
access to any or all Roaring Fork Transportation Authority Sites/Services and
the related services or any portion thereof at any time, without notice. Roaring Fork Transportation
Authority may also terminate or suspend your access to Roaring Fork
Transportation Authority Site/Service(s) for inactivity, which is defined as
failing to log into a particular service for an extended period of time, as
determined by Roaring Fork Transportation Authority. The amount of time that
Roaring Fork Transportation Authority currently considers as an
"extended" period of time may be viewed in the FAQ relating to the
particular service. Upon termination of the Roaring Fork Transportation Authority
Site/Service, your right to use the Roaring Fork Transportation Authority
Site/Service immediately ceases. Roaring Fork
Transportation Authority shall have no obligation to maintain any content or
to forward any unread or unsent messages to you or any third party. NO SPAM; DAMAGES Roaring Fork
Transportation Authority will immediately terminate any account, which it
believes, in its sole discretion, is transmitting or is otherwise connected
with any Spam or other unsolicited bulk email. In addition, because damages
are often difficult to quantify, if actual damages cannot be reasonably
calculated then you agree to pay Roaring Fork Transportation Authority
liquidated damages of $5 for each piece of spam or unsolicited bulk email
transmitted from or otherwise connected with your account, otherwise you
agree to pay Roaring Fork Transportation Authority actual damages, to the
extent such actual damages can be reasonably calculated. LANGUAGE It is the express will of
the parties that this agreement and all related documents have been drawn up
in English. C'est la volonté expresse des parties que la présente convention
ainsi que les documents qui s'y rattachent soient rédigés en anglais. GENERAL The laws of the State of
Colorado, U.S.A, govern this agreement. You hereby irrevocably consent to the
exclusive jurisdiction and venue of courts in the Colorado, U.S.A. in all
disputes arising out of or relating to the use of the Roaring Fork
Transportation Authority Sites/Services. You agree that no joint venture,
partnership, employment, or agency relationship exists between you and
Roaring Fork Transportation Authority as a result of this agreement or use of
the Roaring Fork Transportation Authority Sites/Services. You agree to
indemnify and hold Roaring Fork Transportation Authority, its parents,
subsidiaries, affiliates, officers and employees, harmless from any claim,
demand, or damage, including reasonable attorneys' fees, asserted by any
third party due to or arising out of your use of or conduct on the Roaring
Fork Transportation Authority Sites/Services. Roaring Fork Transportation
Authority reserves the right to disclose any personal information about you
or your use of the Roaring Fork Transportation Authority Sites/Services,
including its contents, without your prior permission if Roaring Fork
Transportation Authority has a good faith belief that such action is
necessary to: (1) conform to legal requirements or comply with legal process;
(2) protect and defend the rights or property of Roaring Fork Transportation
Authority or its affiliated companies; (3) enforce the terms or use; or (4)
act to protect the interests of its members or others. Roaring Fork
Transportation Authority performance of this agreement is subject to existing
laws and legal process, and nothing contained in this agreement is in
derogation of Roaring Fork Transportation Authority's right to comply with
governmental, court and law enforcement requests or requirements relating to
your use of the Roaring Fork Transportation Authority Sites/Services or
information provided to or gathered by Roaring Fork Transportation Authority
with respect to such use. If any part of this agreement is determined to be
invalid or unenforceable pursuant to applicable law including, but not
limited to, the warranty disclaimers and liability limitations set forth
above, then the invalid or unenforceable provision will be deemed superseded
by a valid, enforceable provision that most closely matches the intent of the
original provision and the remainder of the agreement shall continue in
effect. Unless otherwise specified herein, this agreement constitutes the
entire agreement between the user and Roaring Fork Transportation Authority
with respect to the Roaring Fork Transportation Authority Sites/Services and
it supersedes all prior or contemporaneous communications and proposals,
whether electronic, oral or written, between the user and Roaring Fork
Transportation Authority with respect to the Roaring Fork Transportation
Authority Sites/Services. A printed version of this agreement and of any
notice given in electronic form shall be admissible in judicial or
administrative proceedings based upon or relating to this agreement to the
same extent and subject to the same conditions as other business documents
and records originally generated and maintained in printed form. COPYRIGHT AND
TRADEMARK NOTICES:
All contents of the
Roaring Fork Transportation Authority Web Sites are: Copyright (c) 2002 -
2003 Roaring Fork Transportation Authority and/or its suppliers, 0051 Service
Center Drive, Aspen, Colorado, U.S.A. All rights reserved. The example companies,
organizations, products, people and events depicted herein are fictitious. No
association with any real company, organization, product, person, or event is
intended or should be inferred. Any rights not expressly
granted herein are reserved. NOTICES AND PROCEDURE
FOR MAKING CLAIMS OF COPYRIGHT INFRINGEMENT Pursuant to Title 17,
United States Code, Section 512(c)(2), notifications of claimed copyright
infringement should be sent to Service Provider's Designated Agent. ALL
INQUIRIES NOT RELEVANT TO THE FOLLOWING PROCEDURE WILL RECEIVE NO RESPONSE. FOR INFORMATION REGARDING THE
rfta.com PRIVACY STATEMENT CLICK HERE. ADDITIONAL TERMS < Roaring
Fork Transportation Authority This site is owned and operated by Roaring Fork
Transportation Authority and contains material which is derived in whole or in
part from material supplied by Roaring Fork Transportation Authority, The
Associated Press, Reuters and other sources, and is protected by
international copyright and trademark laws. You may not modify, copy,
reproduce, republish, upload, post, transmit or distribute in any way any
material from this site including code and software. You may download
material from this site for your personal, non-commercial use only, provided
you keep intact all copyright and other proprietary notices Specific Restrictions on Use of Associated Press Material
|
|