Website Terms of Use
Effective as of November 10, 2022.
PLEASE CAREFULLY READ THE FOLLOWING TERMS OF USE OF THE SAN MATEO COUNTY TRANSIT DISTRICT, AND ALL OF ITS OFFICERS, DIRECTORS, EMPLOYEES, AND AGENTS (COLLECTIVELY, “THE DISTRICT,” “US,” “WE”) BEFORE USING: https://www.samtrans.com, https://www.smctd.com, all related websites and services. All users of this Site agree that access to and use of this Site is subject to the following terms and conditions and other applicable laws.
It is your responsibility to review these Terms of Use periodically. If there is a change to these Terms of Use, we will post the new Terms of Use on the Site. By continuing to access or otherwise use the Site, you agree to be legally bound by any such new Terms of Use.
Site
Subject to these Terms of Use, we grant you a limited license to access and use the Site for your personal use, and to copy, distribute, transmit and print the content of this Site only to the extent that such copying, distribution and transmission is automatically done through your browser software incidentally to using the Site for your personal use, or as otherwise set forth below. This license does not include any resale or commercial use of this Site or its contents; any collection and use of any product listings or descriptions; any derivative use of this Site or its contents; any downloading or copying of account information for the benefit of another merchant; or any use of data mining, robots or data gathering and extraction tools.
The District grants you a nonexclusive, nontransferable, revocable, limited license to view, download, copy and print content retrieved from the Site only for your personal, noncommercial use, provided that you do not remove or obscure any copyright notice, trademark notice, or other proprietary rights notices displayed on or in connection with the content.
Except as permitted above, this Site or any portion of this Site may not be reproduced, duplicated, copied, sold, resold, visited or otherwise exploited for any commercial purpose without express written consent of the District. You may not access the Site through any automated means (such as robots, botnets, or scrapers), except in the case of public search engines. You may not use any meta tags or any other "hidden text" utilizing the District's name or trademarks without the express written consent of the District. Any unauthorized use terminates the permission or license granted by the District.
We reserve the right to change any information, features and functions of the Site without prior notice. Use of the Site for any illegal or unauthorized purpose is strictly prohibited.
Disclaimer
The Site may contain inaccuracies, mistakes or typographical errors. We do not represent or warrant that the Site will be uninterrupted or error free.
TO THE MAXIMUM EXTENT ALLOWED BY LAW, WE PROVIDE THE SITE "AS IS," WITHOUT ANY WARRANTY OF ANY KIND; AND WE EXPRESSLY DISCLAIM ALL WARRANTIES, INCLUDING WITHOUT LIMITATION ANY WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE.
Limitation of Liability
TO THE MAXIMUM EXTENT ALLOWED BY LAW, WE WILL NOT BE LIABLE FOR ANY DAMAGES OF ANY KIND ARISING FROM THE USE OF THE SITE, INCLUDING WITHOUT LIMITATION INDIRECT, INCIDENTAL, PUNITIVE, EXEMPLARY, SPECIAL OR CONSEQUENTIAL DAMAGES. TO THE MAXIMUM EXTENT ALLOWED BY LAW, OUR TOTAL LIABILITY TO YOU FOR ANY DAMAGES (REGARDLESS OF THE FOUNDATION FOR THE ACTION) SHALL NOT EXCEED IN THE AGGREGATE THE AMOUNT OF FEES ACTUALLY PAID TO US BY YOU. THIS LIMITATION OF LIABILITY APPLIES WHETHER IN AN ACTION AT LAW OR EQUITY, INCLUDING WITHOUT LIMITATION UNDER CONTRACT, NEGLIGENCE, OR OTHER TORT, EVEN IF WE HAVE BEEN ADVISED OF OR SHOULD HAVE KNOWN OF THE POSSIBILITY OF SUCH DAMAGES.
Intellectual Property
All text, images, graphics, and other content on the Site is owned or licensed by us and may not be used, copied, modified, or duplicated without prior written consent. Our name and mark are owned by us. Names or marks of other companies are owned by such respective companies.
Indemnification
You agree to indemnify, defend and hold harmless the San Mateo County Transit District, and its officers, directors, employees, agents, and consultants from and against all suits, claims, actions, losses, liabilities, expenses, damages and costs, including reasonable attorneys' fees, resulting from any violation of these Terms of Use, or any activity related to use of the Site (including negligent or wrongful conduct) by you or any other person accessing the Site using your identification or device.
Privacy
Personally identifiable information about you is subject to our Privacy Policy, which is incorporated herein by this reference. You understand that the technical processing and transmission of this Site may involve (a) transmission of your personal data over various networks; and (b) changes to your personal information in order to conform and adapt to technical requirements of connecting networks or devices. For more information, see our Privacy Policy at SamTrans.com/Privacy.
Third-Party Links and Sites
This Site may link to other websites operated by third parties. We have no control over these linked sites, each of which have separate privacy and data collection practices independent of the District. We are not responsible for and do not endorse or accept any responsibility for the availability, contents, products, services or use of any third party site, any website accessed from a third party site or any changes or updates to such sites. These linked sites are only for your convenience and therefore you access them at your own risk. You acknowledge that you bear all risks associated with access to and use of content provided on a third party site and agree that we are not responsible for any loss or damage you may incur from dealing with such a third party site. You should contact the site administrator for the applicable third party site if you have any concerns regarding such links or the content located on any such third party site.
Disputes
Any dispute relating in any way to your use of the Site must be submitted to confidential arbitration in San Mateo County, California. Arbitration will be conducted pursuant to the Commercial Arbitration Rules of the American Arbitration Association, before a single arbitrator. The arbitrator's decision will be final and binding and may be entered as a judgment in any court of competent jurisdiction. To the fullest extent permitted by applicable law, no arbitration under the Terms of Use may be joined to an arbitration involving any other party, whether through class action proceedings or otherwise.
No Use by Minors
The Site is not intended for or directed to minors. By using this Site, you represent to us that you are legally permitted to enter into a binding contract (18 years of age or older in most jurisdictions), and that any information you provide to us is accurate, and not deceptive or misleading.
Miscellaneous
You agree that by using this Site, you are a resident of the United States. Your use of the Site shall be governed in all respects by the laws of the State of California, U.S.A., without regard to choice of law provisions. If any current or future provision of these Terms of Use is found invalid, void or for any reason unenforceable, that provision is severable and does not affect the validity and enforceability of any remaining provision of these Terms.