Terms and Conditions

Terms and Conditions of Use
Keolis Commuter Services (KeolisCS) Website

This Website (the “Website,” or the “Site”) is provided to you by Keolis Commuter Services (“KeolisCS”, “we” or “us”). To assist you in using our Website, and to explain the relationship arising from your use of our Site and the programs and services we offer through it, we have created (i) these Terms and Conditions of Use (the “Terms”) and (ii) a Privacy Policy. Our Privacy Policy (“Policy”) explains how we treat information you provide to us through the Site. Our Terms govern your use of our Site. Both our Terms and Privacy Policy apply to visitors to our Site (“Site Visitors”) as well as anyone enrolling in the programs or services we offer through it. These Terms apply only to your use this Website, KeolisCS. These Terms do not apply to any other services or information you obtain from KeolisCS.
PLEASE READ THIS DOCUMENT CAREFULLY BEFORE YOU USE THE SITE. BY USING THE SITE, YOU AGREE TO BE BOUND BY THE TERMS AND CONDITIONS SET FORTH BELOW. IF YOU DO NOT AGREE TO BE BOUND BY THESE TERMS AND CONDITIONS, PLEASE DO NOT USE OUR SITE.

1. Your Agreement
These Terms govern your use of the Website. Please read these Terms carefully as they impose legal obligations on you and KeolisCS. By using the Website you consent to these Terms. In addition, when you choose to participate in certain Website Services programs we will further confirm your consent to this Policy, by asking you click an “I accept” button referring to these Terms.

2. 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 KeolisCS as well as the programs and services that we offer, 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).

3. 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, 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 2 above.

4. Code of Conduct
By using our Website, you agree to comply with these Terms, and to follow our Code of Conduct, 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, such as submitting a resume, 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.

5. 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.

6. 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.

7. 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 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.

8. 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.

9. 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.

10. PRIVACY POLICY
KeolisCS is committed to maintaining your confidence and trust, and accordingly maintains the following Privacy Policy to protect the personal information you provide online. To make this notice easy to find, we make it available on our homepage and at every point that personally identifiable information may be requested.

• Collection and Use of Information – KeolisCS will not collect any personal information about you (such as your name, address, or telephone number) unless you provide it voluntarily. KeolisCS will not use or share information gathered here except to contact you with information about this organization, transit services, or transportation. KeolisCS may provide information to outside entities who we engage to perform email/alert delivery services on our behalf. We do not rent or sell information to other entities. If you do not want this information to be collected by us, please do not submit it. In the course of using our site, however, we may automatically track certain information about you. This information includes the URL that you just came from (whether this URL is on our site or not), which URL you go to next (whether this URL is on our site or not), what browser you are using, and your IP address. Many sites automatically collect this information. In addition, we may use cookies on certain pages of our site. Cookies are small amounts of data that are sent to your browser from our web server and are stored on your computer’s hard drive, not on our site. Cookies allow us to track where you go on our site, or to make it easier for you to return on subsequent visits to those area that are of most interest you. Cookies can also help us provide information that is targeted to your interests. You are always free to decline our cookies if your browser permits, however, removing cookies may reduce the speed at which you move through our site.
• 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 kept separate from live servers and 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.
• External Web Sites – To the extent hyperlinks or banner advertisements incorporating hyperlinks are utilized to access third party sites, you should be aware that these third party web sites are not controlled by KeolisCS and, therefore, are not subject to this Privacy Policy. You should review the privacy policies of these sites to determine risks associated with your personal information being made available to the operators of these third party web sites.
• Consent – By using our Web site, you consent to the collection and use of this information by KeolisCS. KeolisCS may modify this Privacy Policy from time to time. If our Privacy Policy is changed, we will post those changes on this page. Your continued use of this site following the posting of changes to these terms will mean you accept these changes.

11. Indemnity

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.

12. 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 Director – Labor Affairs
Keolis Commuter Services, LLC
Law Department, 5th Floor
470 Atlantic Avenue
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.

13. 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.

14. Modifications to these Terms
If we modify these Terms, any such modifications will take effect proactively, upon your subsequent access to the Website. Please feel free to print out a copy of these Terms for your records.

15. Assignment
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.

16. Definitions

• 16.1—Website Services means the informational, educational, travel-related, or other services that we offer through our Website.

17. General
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.

18. Survival
The following provisions shall survive the termination of these Terms and shall apply indefinitely:

• Section 3 (KeolisCS Ownership; Reservation of Rights)
• Section 6 (Submitted Content)
• Section 7 (Warranty Disclaimer)
• Section 9 (Limitation of Liability)
• Section 11 (Indemnity)
• Section 15 (Assignment)
• Section 17 (General)
• Section 18 (Survival)

19. Contact Us
Please refer to Section 12 above if you wish to contact our DMCA agent about matters related to possible copyright infringement.
Effective Date
The effective date of these Terms is July 1st, 2014.