CommutePays Terms of Use

Welcome, and thank you for your interest in CommutePays Inc. (“CommutePays”) and our web site located at www.commutepays.com (the “CommutePays Site”). We are pleased to offer you access to the CommutePays Site and any our other web sites, networks, mobile applications (“Apps”), downloadable software, features, or services operated by CommutePays (collectively, the "CommutePays Service") conditioned on your acceptance without modification of the following Terms of Use (the “Terms”).

PLEASE READ THE FOLLOWING TERMS OF USE CAREFULLY, AS THEY CONSTITUTE A BINDING LEGAL AGREEMENT BETWEEN YOU AND COMMUTEPAYS. BY ACCESSING, BROWSING, DOWNLOADING APPS AND/OR OTHERWISE USING THE COMMUTEPAYS SERVICE, YOU ACKNOWLEDGE THAT YOU HAVE READ, UNDERSTOOD, AND AGREE TO BE BOUND BY THE FOLLOWING TERMS, INCLUDING THE OBLIGATION TO USE ONLY FOR LAWFUL PURPOSES, THE PRIVACY POLICY AND OTHER GUIDELINES (AS DEFINED BELOW). IF YOU DO NOT AGREE TO THESE TERMS, THEN PLEASE DO NOT USE THE COMMUTEPAYS SERVICE.

 

1. Eligibility; Registration Information and Password; CommutePays Service Access.

THE COMMUTEPAYS SERVICE IS NOT AVAILABLE TO PERSONS UNDER THE AGE OF 18 OR TO ANY USERS SUSPENDED OR REMOVED FROM THE COMMUTEPAYS SERVICE. BY USING THE COMMUTEPAYS SERVICE, YOU REPRESENT THAT YOU ARE AT LEAST 18 YEARS OF AGE AND HAVE NOT BEEN PREVIOUSLY SUSPENDED OR REMOVED FROM THE COMMUTEPAYS SERVICE.

Subject to your compliance with these Terms, CommutePays grants you permission to access and use the CommutePays Service solely for your personal use as set forth in these Terms and consistent with the intended features of the CommutePays Service.

 

2. Registration.

In order to use certain features of the CommutePays Service, such as features that allow users to receive transportation route suggestions, you will need to register for an account (such users referred to herein as “Registered Users”). You agree that the information you provide to CommutePays on registration and at all other times will be true, accurate, current, and complete, and that you will keep this information accurate and up-to-date at all times. When you register, you will be asked to provide a password. You should keep your password confidential, as you will be responsible for all activities that occur under your password. You are solely responsible for maintaining the confidentiality of your account and password and for restricting access to your computer, and you agree to accept responsibility for all activities that occur under your account or password.

 

3. Privacy and other Policies.

• a) Privacy Policy. Your privacy is important to CommutePays. The CommutePays Privacy Policy is hereby incorporated into these Terms by reference. Please read this policy carefully for information relating to our collection, use, and disclosure of your personally identifiable information. By using the CommutePays Service, you represent and warrant that you have read and agree to the practices described in the Privacy Policy. The practices described in the CommutePays Privacy Policy apply only to our use of information supplied by you to CommutePays through the CommutePays Service.
• b) Guidelines. When using the CommutePays Service, you will be subject to any additional posted guidelines or rules applicable to specific services and features which may be posted from time to time (the "Guidelines"). All such Guidelines are hereby incorporated by reference into the Terms.

 

4. Prohibited Conduct.

All rights and licenses granted to you hereunder are conditioned upon your compliance with the following restrictions. You shall not do or attempt to do any of the following:

• a) Upload, post, or make available any content you do not own or have the legal right to distribute, display and share with others, such as text, images, music, or confidential information of another;
• b) Access or attempt to access content or features of the CommutePays Service for which you have not registered;
• c) Rent, lease, loan, sell, resell, sublicense, distribute or otherwise transfer your access to the CommutePays Service, or any of the permissions granted herein.
• d) Use the CommutePays Service on behalf of any third party or in connection with any type of “service bureau” activity;
• e) Upload or send to any other person pornographic, threatening, embarrassing, hateful, racially or ethnically insulting, libelous, or otherwise inappropriate content;
• f) Impersonate another person or entity, or access another user's account without that user's permission;
• g) Share CommutePays passwords with any third party or encourage any other user to do so;
• h) Misrepresent the source, identity, or content of information transmitted via the CommutePays Service;
• i) Use any bot, spider, or other automated program or process to access the CommutePays Service, except for the sole purpose of crawling the CommutePays Service in connection with legitimate indexing services of commercially available general purpose search engines, and solely in compliance with our robots.txt file; or
• j) Use the CommutePays Service for any illegal, unethical, fraudulent, misleading, or objectionable purpose or in breach of any law, regulation, or agreement.

 

5. CommutePays Offers.

CommutePays may make available to you certain offers or deals from restaurants, bars, venues and other product or service providers via the CommutePays Service (“CommutePays Offers”). CommutePays makes no express or implied warranties with regard to CommutePays Offers that are contained on or accessible through the CommutePays Service. USE OF OR ACCEPTANCE OF ANY COMMUTEPAYS OFFER, ANY USE OF PRODUCTS OR SERVICES RELATED TO ANY COMMUTEPAYS OFFER, AND ANY VISIT TO ANY RESTAURANT, BAR, VENUE OR OTHER PRODUCT OR SERVICE PROVIDER RELATED ANY TO COMMUTEPAYS OFFER IS SOLELY AT YOUR OWN RISK.

6. Billing and Payment.

• a) No Refunds. All fees relating to CommutePays Offers or the CommutePays Service are final and nonrefundable.
• b) Method of Payment. CommutePays accepts payments through payment methods detailed on the applicable payment screen, which may include PayPal and certain credit cards. Charges occur at the time of purchase or shortly thereafter. CommutePays does not accept payment forms other than those specified on the applicable payment screen. You agree to pay for services that you purchase through the CommutePays Service and you agree that we may charge your selected payment method for any such payments.
• c) Account Use. To make any payment on or through the CommutePays Service, you are required to keep payment information current, complete and accurate (such as a change in address, credit/debit card number or expiration date) and notify CommutePays if the selected payment method is canceled (e.g., for loss or theft). You are responsible for all charges incurred under your account made by you or anyone who uses your account (including your employees, agents, independent contractors, or others who access your account).
• d) Taxes. You are responsible for paying any governmental taxes imposed on your use of the CommutePays Service, including, but not limited to, sales, use or value-added taxes. To the extent CommutePays is obligated to collect such taxes, the applicable tax will be added to your billing account.
• e) Disputed Charges. YOU AGREE TO SUBMIT ANY DISPUTES REGARDING ANY CHARGE TO YOUR ACCOUNT IN WRITING TO COMMUTEPAYS WITHIN THIRTY (30) DAYS OF SUCH CHARGE, OTHERWISE SUCH DISPUTE WILL BE WAIVED AND SUCH CHARGE WILL BE FINAL AND NOT SUBJECT TO CHALLENGE.

 

7. User Submissions

• a) General. The CommutePays Service provides certain features which enable users to directly and indirectly post content, including text, images, music, and other types of works (such as by creating a profile, posting in the CommutePays community, commenting on other users’ posts) (“User Submissions”), and provides for the hosting, reproduction, distribution, transmission, public performance, and public display of such User Submissions. User Submissions are displayed for informational purposes only and are not controlled by CommutePays. You understand that all User Submissions are the sole responsibility of the person from whom such User Submission originated. This means that you, and not CommutePays, are entirely responsible for all User Submissions that you make available through the CommutePays Service.
• b) No Obligation to Publish. CommutePays makes no representations that it will publish or make available on the CommutePays Service any User Submissions (or that if made available on the CommutePays Service, that any User Submission will remain available on the CommutePays Service), and reserves the right, in its sole discretion, to refuse to allow any User Submissions on the CommutePays Service, or to remove any User Submission at any time with or without notice. Without limiting the generality of the preceding sentence, CommutePays complies with the Digital Millennium Copyright Act, and will remove User Submissions upon receipt of a compliant takedown notice (see “Digital Millennium Copyright Act” below), or if CommutePays becomes aware that the preparation, use, or distribution of any such User Submission violates any law or regulation.
• c) License Grant by You to CommutePays. You retain ownership of all your rights in and to your User Submissions, including any and all intellectual property rights in your User Submissions, and uploading User Submissions to the CommutePays Service does not transfer any ownership rights. By submitting User Submissions to CommutePays, you hereby grant CommutePays and its affiliates and other users of the CommutePays Service (the “CommutePays Licensees”) a worldwide, non-exclusive, fully paid-up, royalty-free, perpetual, irrevocable, sublicensable, and transferable license to use, reproduce, distribute, transmit, publicly display, modify, and publicly perform your User Submissions and adaptations thereof, solely in connection with the development, operation, maintenance, enhancement, and promotion of the CommutePays Service, and to collect, combine, aggregate, and analyze, data related to your User Submissions and derivatives thereof. You also agree to irrevocably waive (and cause to be waived) any claims and assertions of so-called “moral rights” or attribution with respect to your User Submissions.
• d) User Submissions Representations and Warranties. You are solely responsible for your own User Submissions and the consequences of posting or publishing them. You affirm, represent, and warrant that: i) you own, or have the necessary licenses, rights, consents, and permissions to use and authorize CommutePays to use your User Submissions in the manner contemplated by these Terms, and to grant the rights and license set forth above, and ii) our use of such User Submissions, and our exercise of the license rights set forth above, do not and will not: (a) infringe, violate, or misappropriate any third party right, including any copyright, trademark, patent, trade secret, moral right, privacy right, right of publicity, or any other intellectual property or proprietary right; (b) slander, defame, libel, or invade the right of privacy, publicity or other property rights of any other person; or (c) violate any applicable law or regulation including without limitation state and federal “wiretap” and other similar laws regulating the surreptitious preparation and distribution of audio or other recordings.

 

8. Application Usage

• a) Consent to Use of Data. You agree that CommutePays may collect and use technical data and related information, including, but not limited to, technical information about your handset, device, system and application software, and peripherals, that is gathered periodically to facilitate the provision of software updates, product support and other services to you (if any) related to the Apps. CommutePays may use and disclose this and other information you provide for a variety of purposes. To learn more about our policies with respect to the collection, use and disclosure of information, please review our Privacy Policy .
• b) Third Party Fees. You understand and acknowledge that third party fees may apply to your use of the Apps, including without limitation fees charged by your mobile service provider for network access, data transmission, or other similar fees. You are solely responsible for all such fees. Please note that periodically transmitting location data to CommutePays through the Apps is a data intensive process, and you should confirm your data usage plan details with your network operator.

 

9. Modification of the Terms.

From time to time, CommutePays may change, modify, add, or remove portions of the Terms, and reserves the right to do so in its sole discretion. If we modify the Terms, we will make them available through the CommutePays Service, and indicate the date of the latest revision. We encourage users to review the Terms periodically for changes. In the event that the modifications materially alter your rights or obligations hereunder we will make reasonable efforts to notify you of the change. For example, we may send a message to your email address, if we have one on file, or generate a pop-up or similar notification when you access the CommutePays Service for the first time after such material changes are made. All amended Terms automatically take effect 30 days after they made available through the CommutePays Service, except that: (i) disputes between you and CommutePays will be governed by the version of the Terms that was in effect on the date the dispute arose and (ii) if you do not agree with any changes to the Terms, you may terminate these Terms by ceasing use of the CommutePays Service. Your continued use of the CommutePays Service after revised Terms have become effective indicates that you have read, understood and agreed to the current version of the Terms.

 

10. Prohibited Uses.

• a) Access to the CommutePays Service from territories where its contents are illegal is prohibited. You also agree and understand that your data may be transferred to other jurisdictions for processing.
• b) You may not use the CommutePays Service in any manner that in our sole discretion could damage, disable, overburden, or impair it or interfere with any other party's use and enjoyment of the CommutePays Service. You may not attempt to gain unauthorized access to the CommutePays Service, or any part of it, other accounts, computer systems or networks connected to the CommutePays Service, or any part of them, through hacking, password mining or any other means or interfere or attempt to interfere with the proper working of the CommutePays Service or any activities conducted on the CommutePays Service. You may not obtain or attempt to obtain any materials or information through any means not intentionally made available through the CommutePays Service. You may not modify the CommutePays Service in any manner or form, nor use modified versions of the CommutePays Service.
• c) The CommutePays Service may contain robot exclusion files. You agree that you will not use any robot, spider, scraper, or other automated means to access the CommutePays Service for any purpose without our express written permission, or bypass our robot exclusion files or other measures we may use to prevent or restrict access to the CommutePays Service.

 

11. Feedback.

You may provide CommutePays with information and feedback regarding the features and performance of the CommutePays Service, and information regarding any and all failures, errors, or other malfunctions in the Service along with any associated error messages (“Feedback”). You hereby grant CommutePays a perpetual, irrevocable, worldwide, royalty-free, fully paid, unrestricted right and license to use any and all such Feedback, information, and materials for any purpose.

 

12. Ownership; Proprietary Rights.

The CommutePays Service is owned and operated by CommutePays Inc. The visual interfaces, graphics, design, compilation, information, computer code, products, software (including any downloadable software), services, and all other elements of the Apps and other aspects of the CommutePays Service provided by CommutePays ("Materials") are protected by United States copyright, trade dress, patent, and trademark laws, international conventions, and all other relevant intellectual property and proprietary rights, and applicable laws. Except for your User Submissions, all Materials, including all intellectual property rights therein, belong to CommutePays or its affiliates and/or third party licensors. All trademarks, service marks, and trade names are proprietary to CommutePays or its affiliates and/or third party licensors. Except as expressly authorized by CommutePays, you agree not to sell, license, distribute, copy, modify, publicly perform or display, transmit, publish, edit, adapt, create derivative works from, or otherwise make unauthorized use of the Materials.

 

13. Third Party Sites, Products and Services; Links.

The CommutePays Service may include links to other web sites or services ("Linked Sites"), solely as a convenience to users. CommutePays does not endorse any such Linked Sites or the information, material, products or services contained on other linked sites or accessible through other Linked Sites. Furthermore, CommutePays makes no express or implied warranties with regard to the information, material, products, or services that are contained on or accessible through Linked Sites. ACCESS AND USE OF LINKED SITES, INCLUDING THE INFORMATION, MATERIAL, PRODUCTS, AND SERVICES ON LINKED SITES OR AVAILABLE THROUGH LINKED SITES, IS SOLELY AT YOUR OWN RISK.

Your correspondence or business or other dealings with advertisers or other third party service providers encountered on or through the CommutePays Service is solely between you and such third party. YOU AGREE THAT COMMUTEPAYS WILL NOT BE RESPONSIBLE OR LIABLE FOR ANY LOSS OR DAMAGE OF ANY SORT INCURRED AS THE RESULT OF ANY SUCH DEALINGS OR AS THE RESULT OF THE PRESENCE OF SUCH THIRD PARTIES ON THE COMMUTEPAYS SERVICE.

 

14. Disputes with Third Parties

If you have a dispute with another user of the CommutePays Service, or the provider of any Linked Site, or any other third party arising in connection with your use of the Apps or the CommutePays Service, you release us (and our officers, directors, agents, subsidiaries, joint ventures and employees) from claims, demands and damages (actual and consequential) of every kind and nature, known and unknown, arising out of or in any way connected with such disputes. If you are a California resident, you waive California Civil Code §1542, which says: "A general release does not extend to claims which the creditor does not know or suspect to exist in his favor at the time of executing the release, which if known by him must have materially affected his settlement with the debtor."

 

15. Notice.

Except as explicitly stated otherwise, legal notices will be served on CommutePays at CommutePays Inc., P.O. Box 6383, Denver, CO 80206. Legal notices will be served on you at either the email or physical address you provide to CommutePays during the registration process. Notice by email will be deemed given 24 hours after email is sent, unless the sending party is notified that the email address is invalid. Notice given by either party by mail will be deemed given three days after the date of mailing.

 

16. Termination.

• a) By CommutePays. You agree that CommutePays, in its sole discretion and for any or no reason, may terminate any account (or any part thereof) you may have with CommutePays or use of the CommutePays Service and remove and discard all or any part of your account or any content uploaded by you, at any time. CommutePays may also in its sole discretion and at any time discontinue providing access to the CommutePays Service, or any part thereof, with or without notice. You agree that any termination of your access to the CommutePays Service or any account you may have or portion thereof may be affected without prior notice, and you agree that CommutePays will not be liable to you or any third party for any such termination. CommutePays does not permit copyright infringing activities on the CommutePays Service and reserves the right to terminate access to the CommutePays Service and remove all content submitted by any persons who are found to be repeat infringers. Any suspected fraudulent, abusive, or illegal activity that may be grounds for termination of your use of the CommutePays Service may be referred to appropriate law enforcement authorities. These remedies are in addition to any other remedies CommutePays may have at law or in equity.
• b) By You. You may terminate your account, this Agreement and your right to use the CommutePays Service at any time and for any reason or no reason, by terminating your account on the CommutePays Service or contacting CommutePays customer support at support@commutepays.com, and immediately discontinuing all use of the CommutePays Service, including any and all mobile applications, embedded widgets, plugins, or other software components.
• c) Fees. Upon any termination of your account, you will remain obligated to pay all outstanding fees and charges relating to your use of the CommutePays Service before termination. Termination does not give rise to any right of refund.
• d) Survival. Sections 3 through 21 will survive any termination of these Terms.

 

17. Disclaimers; No Warranties.

TO THE FULLEST EXTENT PERMISSIBLE PURSUANT TO APPLICABLE LAW, COMMUTEPAYS AND ITS AFFILIATES, LICENSORS AND SUPPLIERS EXPRESSLY DISCLAIM ANY WARRANTIES, EXPRESS, IMPLIED, STATUTORY, OR OTHERWISE, INCLUDING WITHOUT LIMITATION WARRANTIES OF MERCHANTABILITY, FITNESS FOR ANY PARTICULAR PURPOSE, AND NON-INFRINGEMENT. COMMUTEPAYS DOES NOT WARRANT THE DATA, CONTENT, ANALYTICS, FEATURES, OR INFORMATION PROVIDED THROUGH THE COMMUTEPAYS SERVICE, INCLUDING WITHOUT LIMITATION TRAFFIC ROUTE SUGGESTIONS, TO BE ACCURATE, USEFUL, UNINTERRUPTED, OR FREE OF ERRORS, VIRUSES, OR OTHER HARMFUL COMPONENTS. YOU ARE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR EQUIPMENT, LOSS OF DATA, OR OTHER HARM THAT RESULTS FROM YOUR USE OF THE COMMUTEPAYS SERVICE.

SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES, SO THE ABOVE EXCLUSIONS MAY NOT APPLY TO YOU. YOU MAY ALSO HAVE OTHER RIGHTS THAT VARY FROM STATE TO STATE AND JURISDICTION TO JURISDICTION.

 

18. Limitation of Liability and Damages.

UNDER NO CIRCUMSTANCES WILL COMMUTEPAYS OR ITS AFFILIATES, CONTRACTORS, EMPLOYEES, AGENTS, OR THIRD PARTY PARTNERS OR SUPPLIERS BE LIABLE FOR ANY SPECIAL, INDIRECT, INCIDENTAL, CONSEQUENTIAL, PUNITIVE, OR EXEMPLARY DAMAGES ARISING OR RELATED TO THE COMMUTEPAYS SERVICE, EVEN IF COMMUTEPAYS OR A COMMUTEPAYS AUTHORIZED REPRESENTATIVE HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IN NO EVENT WILL COMMUTEPAYS’S OR ITS AFFILIATES’, CONTRACTORS’, EMPLOYEES’, AGENTS’, OR THIRD PARTY PARTNERS’ OR SUPPLIERS’ TOTAL LIABILITY TO YOU FOR ALL DAMAGES, LOSSES, AND CAUSES OF ACTION ARISING OUT OF OR RELATING TO THESE TERMS OR YOUR USE OF THE COMMUTEPAYS SERVICE (WHETHER IN CONTRACT, TORT INCLUDING NEGLIGENCE, WARRANTY, OR OTHERWISE) EXCEED FIVE HUNDRED DOLLARS.

SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATIONS AND EXCLUSIONS MAY NOT APPLY TO YOU.

 

19. Indemnification.

You agree to indemnify, defend, and hold CommutePays, its affiliates, contractors, employees, agents and its affiliates, suppliers, licensors, and partners harmless from any claims, losses, damages, liabilities, including legal fees and expenses, arising out of your use or misuse of the CommutePays Service, your violation of these Terms or any law or regulation, or any breach of the representations, warranties, and covenants made by you in these Terms. CommutePays reserves the right, at your expense, to assume the exclusive defense and control of any matter for which you are required to indemnify CommutePays, and you agree to cooperate with our defense of these claims. CommutePays will use reasonable efforts to notify you of any such claim, action, or proceeding upon becoming aware of it.

 

20. Digital Millennium Copyright Act Compliance.

If you are a copyright owner or an agent thereof, and you believe that any content hosted on the CommutePays Service infringes your copyrights, you may submit a notification pursuant to the Digital Millennium Copyright Act ("DMCA") by providing our Designated Copyright Agent with the following information in writing (see 17 U.S.C. § 512(c)(3) for further detail):

• (i) A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed;
• (ii) Identification of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works on the CommutePays Service are covered by a single notification, a representative list of such works at the CommutePays Service;
• (iii) Identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled, and information reasonably sufficient to permit CommutePays to locate the material;
• (iv) Information reasonably sufficient to permit CommutePays to contact the complaining party, such as an address, telephone number, and, if available, an electronic mail address at which the complaining party may be contacted;
• (v) A statement that the complaining party has a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law; and
• (vi) A statement that the information in the notification is accurate, and under penalty of perjury, that the complaining party is authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.

The CommutePays Designated Copyright Agent to receive notifications of claimed infringement can be reached as follows: Copyright Agent at CommutePays Inc., [insert address – can’t be PO Box], or by email at copyright@commutepays.com. For clarity, only DMCA notices should go to the CommutePays Designated Copyright Agent. Any other feedback, comments, requests for technical support or other communications should be directed to CommutePays customer service through info@commutepays.com. You acknowledge that if you fail to comply with all of these requirements, your DMCA notice may not be valid.

 

21. Miscellaneous.

These Terms shall be governed in all respects by the laws of the State of Colorado without regard to conflict of law provisions. You agree that any claim or dispute you may have against CommutePays must be resolved by a court located in Denver County, Colorado, unless agreed in writing otherwise by the parties. If any provision of these Terms shall be unlawful, void, or for any reason unenforceable, then that provision will be reformed to the minimum extent necessary to make it valid and enforceable, or, if not capable of reformation, will be deemed severable from these Terms, and will not affect the validity and enforceability of any remaining provisions. The Terms, and any rights and licenses granted hereunder, may not be transferred or assigned by you, including by operation of law or otherwise, but may be assigned by CommutePays without restriction. The heading references herein are for convenience only, do not constitute a part of these Terms, and will not be deemed to limit or affect any of the provisions hereof. These Terms (including the Privacy Policy, and any and all Guidelines) is the entire agreement between you and CommutePays relating to the subject matter herein and will not be modified except in writing, signed by both parties, or by a change to the Terms or Guidelines made by CommutePays as set forth in Section 9 above. Failure by CommutePays at any time to require performance of any provision of these Terms will in no manner affect our right to enforce the same at a later time.

The services hereunder are offered by CommutePays Inc., located at P.O. Box 6383, Denver, CO 80206; CommutePays may be contacted by email at info@commutepays.com. If you are a California resident, you may have this same information emailed to you by sending a letter to the foregoing address with your email address and a request for this information.

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