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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.

 

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:

 

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.

 

7. User Submissions

 

8. Application Usage

 

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.

 

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.

 

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):

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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