Terms and Conditions of Use
1. Grant of Rights
Based on your agreement to comply with these Terms, we grant you the right to access and use all areas of the Website in order to (i) learn more about the commuter rail service operated by KeolisCS on behalf of the Massachusetts Bay Transportation Authority (“MBTA”), as well as information about stations, tickets, links to destinations along the commuter rail network, and other related information, and (ii) use and enroll in any of the programs or services in which you are eligible to participate (collectively “Permitted Purposes”). Apart from using the Site for the Permitted Purposes, you may not use, copy, modify, or distribute our Website (or pages from our Site).
2. KeolisCS Ownership; Reservation of Rights
All information, software, artwork, text, video, audio, pictures, logos, and other content on the Website or embodied in our programs and services, including all associated intellectual property rights, are the proprietary property of KeolisCS and/or the MBTA, its licensors, or are used under principles of fair use, and protected by copyright and other intellectual property laws. KeolisCS retains all rights with respect to the Website except those expressly granted to you in Section 1 above.
3. Code of Conduct
By using our Website, you agree to comply with these Terms, and to follow our Code of Conduct (the “Code”), which is set out below. Under this Code, you will not:
- Use the Website in a manner that could disable, overburden, or impair the Site or interfere with any other party’s use and enjoyment of the Site. Such uses would include, for example, distributing or promoting material containing solicitations or forwarding chain letters.
- Seek to obtain access to any material or information that we have not intentionally made available to you on the Website through “hacking,” “scraping,” or other means.
- Submit material that is intentionally false, defamatory, unlawfully threatening, or unlawfully harassing. For example, when signing up for a program or service that we offer, you should make sure that all of the information you provide us accurately reflects what we ask from you.
- Transmit materials through the Site that you know or should know contain viruses, Trojan horses, worms, time bombs, cancelbots, or other computer-programming routines that are intended to damage, detrimentally interfere with, surreptitiously intercept, or expropriate any system, data, or personal information.
4. Revocation or Suspension of Use Privileges
We reserve the right at any time to terminate or suspend your use of some or all of the Website if you engage in activities that we conclude, in our discretion, breach our Code of Conduct.
5. Submitted Content
We may provide features on our Site, such as “bulletin boards” or “Blogs,” that will allow you to interact with other Site Visitors by posting information. If you post content to our Website, by electronic mail or otherwise, we will treat the content as non-confidential and nonproprietary to you. By posting content on the Website, you authorize us to use and allow others to use, distribute, modify, and copy the content, without compensation to you and for so long as we choose (collectively, “Use Rights”). Moreover, when you post content on our Website, you warrant that you have sufficient authority and right to submit or post the information, and to grant these Use Rights to us.
6. Warranty Disclaimer
KeolisCS and its Third Party Vendors do not promise that the Website will be error-free or uninterrupted, or that the programs, services, and features offered on our Site will be provided error-free or uninterrupted. The Site, and all of the programs and services on the Site are available on an “AS IS” and “AS AVAILABLE” basis. KeolisCS and its Third Party Vendors do not warrant or represent that files you download from the Site or e-mail communications received after your enrollment on the Site will be free of viruses or other harmful features. TO THE EXTENT PERMITTED BY APPLICABLE LAW, KEOLISCS DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING ANY IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. YOU EXPRESSLY AGREE THAT USE OF THE KEOLISCS SITE AND RELATED SERVICES IS AT YOUR SOLE RISK.
7. Links to Third-Party Sites
The Website may contain links or references to third party websites. KeolisCS has no control over these third party sites or their content and does not assume responsibility or liability for any content, opinions, or materials available on them. KeolisCS does not endorse the content of any third party site, nor does KeolisCS warrant that a third party site will be free of computer viruses or other harmful code that can impact your computer or other Web-access device. If you link to any third party site through our Site, please be aware that you are doing so at your own risk.
8. Limitation of Liability
UNDER NO CIRCUMSTANCES, INCLUDING BUT NOT LIMITED TO BREACH OF CONTRACT, TORT, OR NEGLIGENCE, WILL KEOLISCS OR ITS THIRD PARTY VENDORS BE LIABLE FOR ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, PUNITIVE, EXEMPLARY, OR CONSEQUENTIAL DAMAGES (INCLUDING LOST PROFITS) THAT ARISE OUT OF, OR ARE RELATED TO, YOUR USE OF THE KEOLISCS SITE, ITS PROGRAMS, SERVICES, OR CONTENT. IN NO EVENT SHALL KEOLISCS’S AGGREGATE LIABILITY TO YOU FOR ANY LOSS, DAMAGE, OR CLAIM RELATED TO OR ARISING OUT OF THE KEOLISCS SITE OR ANY PROGRAMS OR SERVICES YOU RECEIVE FROM THE SITE EXCEED THE TOTAL AMOUNTS, IF ANY, ACTUALLY PAID BY YOU TO KEOLISCS FOR SUCH SITE PROGRAMS OR SERVICES DURING THE SIX (6) MONTH PERIOD IMMEDIATELY PRECEDING THE EVENT GIVING RISE TO THE LIABILITY.
You agree to defend, indemnify, and hold KeolisCS and its subsidiaries, affiliates, officers, directors, agents, and employees harmless from any liability to third parties, including reasonable attorneys’ fees, arising from or related to your breach of these Terms.
10. Contact for Alleged Copyright Infringement
KeolisCS respects the intellectual property rights of others and requires that its users do the same. If you believe that any content available on our Site or any other activity taking place on the Site constitutes infringement of a work protected by copyright law (a “Work”), please notify our agent, designated under the Digital Millennium Copyright Act (17 U.S.C. §512) (the “DMCA”) to respond to such concerns, as follows:
David Mitrou, Esq.
General Counsel and Vice President
Keolis Commuter Services, LLC
470 Atlantic Avenue, 5th floor
Boston, MA 02210
Your notice must comply with the DMCA. Upon receipt of a proper notice, we will respond and proceed in accordance with the DMCA.
11. Additional Terms for Certain Programs or Services
We may offer certain programs or services on our Website that are subject to additional or different terms and conditions. We will notify you if the program or service you are using on the Website is subject to terms and conditions that differ from these Terms, and you may decline to participate in such programs or services if you do not agree with the differing terms and conditions.
12. Modifications to these Terms
These Terms shall not be assignable by you, either in whole or in part. KeolisCS reserves the right to assign its rights and obligations under these Terms.
These Terms shall be governed in all respects by the laws of the Commonwealth of Massachusetts without giving effect to its conflicts of law provisions. Both parties submit to the personal jurisdiction of and venue in the state and federal courts in the Commonwealth of Massachusetts, in the judicial district that includes Boston, Massachusetts. The parties further agree that any cause of action arising under these Terms shall exclusively be brought in such courts. If any provision of these Terms is held to be invalid or unenforceable, such provision shall be struck and the remaining provisions shall be enforced. Headings are for reference purposes only and in no way define, limit, construe, or describe the scope or extent of such section. KeolisCS’s failure to act with respect to a breach by you or others does not waive its right to act with respect to subsequent or similar breaches. This agreement and the terms and conditions contained herein set forth the entire understanding and agreement between KeolisCS and you with respect to the subject matter hereof and supersede any prior or contemporaneous understanding, whether written or oral.
The following provisions shall survive the termination of these Terms and shall apply indefinitely:
• Section 2 (KeolisCS Ownership; Reservation of Rights)
• Section 5 (Submitted Content)
• Section 6 (Warranty Disclaimer)
• Section 8 (Limitation of Liability)
• Section 9 (Indemnity)
• Section 13 (Assignment)
• Section 14 (General)
• Section 15 (Survival)
16. Contact Us
Please refer to Section 10 above if you wish to contact our DMCA agent about matters related to possible copyright infringement.
- Security – KeolisCS has implemented a number of security features throughout the KeolisCS site to prevent the unauthorized release of or access to personal information. For example, database information is firewall protected. Please be advised, however, that although KeolisCS has endeavored to create a secure and reliable site for you, the confidentiality of any communication or material transmitted to or from KeolisCS via the KeolisCS site or e-mail cannot be guaranteed. When disclosing any personal information, you should remain mindful of the fact that it is potentially accessible to the public, and consequently, can be collected and used by others without your consent. KeolisCS is not responsible or liable for the security of information transmitted via the Internet.