Welcome
to RideLinks. The goal of this Web site is to provide
state-of-the-art tools, information and services for
ridematching, air quality compliance and congestion
mitigation. Our Terms of Use spell out what you can
expect from us and what we expect from you. By accessing
any areas of RideLinks.com, users ("Users")
agree to be legally bound and to abide by the terms
set forth below. RideLinks.com is owned and operated
by RideLinks, Inc. Any references herein to RideLinks.com
shall be deemed to refer to RideLinks Inc., as applicable
under the circumstances.
I. TRADEMARKS
RideLinks,
Inc. and ridelinks.com are trademarks of RideLinks,
Inc. All rights reserved. These and other RideLinks
graphics, logos and service marks and trademarks of
RideLinks and its affiliates may not be used without
prior written consent of RideLinks, Inc. or its affiliates,
as the case may be. All other trademarks, product
names, and company names and logos appearing on RideLinks.com
are the property of their respective owners.
II. DISCLAIMERS
AND LIMITATION OF LIABILITY
User
expressly agrees that use of RideLinks services including
but not limited to ridematching and RIDETRAX, is at
User's sole risk. Neither RideLinks, nor its affiliates,
nor any of their officers, directors, or employees,
agents, third-party content providers, merchants,
sponsors, licensors (collectively, "Providers"),
or the like, warrant that RideLinks will be uninterrupted
or error-free; nor do they make any warranty as to
the results that may be obtained from the use of RideLinks,
or as to the accuracy, reliability, or currency of
any information content, service, or merchandise provided
through RideLinks.
This site
is provided by Ridelinks on an "As is" and
"As Available" basis. Ridelinks makes no
representations or warranties of any kind, express or
implied, as to the operation of yhe site, the information,
content, materials or products, included on This Site. To
The full extent permissible by applicable law, Ridelinks
disclaims all warranties, express or implied, including but
not limited to, implied warranties of merchantability and
fitness for a particular purpose. Ridelinks will not be
liable for any damages of any kind arising from the use of
this site, including but not limited to direct, indirect,
incidental punitive and consequential damages. No oral
advice or written information given by Ridelinks nor its
affiliates, nor any of their officers, directors, employees,
agents, providers, or the like, shall create a warranty;
nor shall user rely On any such information or advice.
Under
no circumstances shall RideLinks or any other party
involved in creating, producing, or distributing RideLinks
be liable for any direct, indirect, incidental, special,
or consequential damages that result from the use
of or inability to use RideLinks, including but not
limited to reliance by a User on any information obtained
from RideLinks or that result from mistakes, omissions,
interruptions, deletion of files or email, errors,
defects, viruses, delays in operation or transmission,
or any failure of performance, whether or not resulting
from acts of God, communications failure, theft, destruction,
or unauthorized access to RideLinks's records, programs,
or services. User hereby acknowledges that this paragraph
shall apply to all content, merchandise, and services
available through RideLinks. Because some states do
not allow the exclusion or limitation of liability
for consequential or incidental damages, in such states
liability is limited to the fullest extent permitted
by law.
III. CONTENT
a. PROPRIETARY
RIGHTS
User
acknowledges that RideLinks contains information,
data, software, photographs, graphs, videos, typefaces,
graphics, music, sounds, and other material (collectively
"Content") that are protected by copyrights,
trademarks, trade secrets, or other proprietary rights,
and that these rights are valid and protected in all
forms, media and technologies existing now or hereinafter
developed. All Content is copyrighted as a collective
work under the U.S. copyright laws, and RideLinks
owns a copyright in the selection, coordination, arrangement,
and enhancement of such Content. User may not modify,
remove, delete, augment, add to, publish, transmit,
participate in the transfer or sale of, create derivative
works from, or in any way exploit any of the Content,
in whole or in part. If no specific restrictions are
displayed, Users may make copies of select portions
of the Content, provided that the copies are made
only for User's personal use or to generate matchlists
for commuters without Internet access, and that User
maintains any notices contained in the Content, such
as all copyright notices, trademark legends, or other
proprietary rights notices. Except as provided in
the preceding sentence or as permitted by the fair
use privilege under the U.S. copyright laws (see,e.g.,
17 U.S.C. Section 107), User may not upload, post,
reproduce, or distribute in any way Content protected
by copyright, or other proprietary right, without
obtaining permission of the owner of the copyright
or other propriety right. In addition to the foregoing,
use of any software Content shall be governed by the
software license agreement accompanying such software.
b. DISTRIBUTION/UPLOADING
OF THIRD-PARTY CONTENT
Except
as set forth in Section III a. above, User may upload
to or otherwise distribute on RideLinks only Content
that is not subject to any copyright or other proprietary
rights protection (collectively, "Public Content"),
or Content in which the author has given express authorization
for distribution on the World Wide Web. Any copyrighted
or other proprietary Content distributed with the
consent of a copyright owner should contain a phrase
such as "Copyright, owned by [name of owner];
used by permission." The unauthorized submission
or distribution of copyrighted or other proprietary
Content is illegal and could subject the User to criminal
prosecution as well as personal liability for damages
in a civil suit. User will be liable for any damage
resulting from any infringement of copyrights or proprietary
rights, or from any other harm arising from such submission.
Neither RideLinks, nor its affiliates, nor any of
their officers, directors, employees, agents, Providers,
or the like, will be liable for any damage resulting
from any infringement of copyrights or proprietary
rights, or from any other harm arising from such User
submission. In compliance with the Digital Millennium
Copyright Act, Users and other persons can report
an infringement to legal@ridelinks.com to RideLinks.
By submitting Content to any User-submit areas, including,
without limitation, any commuter advice or chats,
User automatically grants, or warrants that the owner
of such Content has expressly granted RideLinks the
royalty-free, perpetual, irrevocable, nonexclusive
right and license to use, reproduce, publish, translate,
sublicense, copy, and distribute the Content in whole
or in part worldwide and/or to incorporate it in other
works in any form, media, or technology now known
or hereafter developed for the full term of any copyright
that may exist in such Content. User also permits
any other User to access, store, or reproduce the
Content for that User's personal use. Subject to this
grant, the owner of Content placed on RideLinks retains
any and all rights which may exist in such Content.
c. THIRD-PARTY
CONTENT
Any
opinions, advice, statements, services, offers, or
other information that constitutes part of Content
expressed or made available by third parties, including
Providers or any other User of RideLinks, are those
of the respective authors or distributors and not
of RideLinks or its affiliates or any of their officers,
directors, employees, or agents. Neither RideLinks
nor its affiliates, nor any of their officers, directors,
employees, or agents, nor any third party, including
any Provider, or any other User of RideLinks, guarantees
the accuracy, completeness, or usefulness of any Content,
nor its merchantability or fitness for any particular
purpose. In many instances, the Content available
through RideLinks represents the opinions and judgments
of the respective Provider, or User not under contract
with RideLinks. RideLinks neither endorses nor is
responsible for the accuracy or reliability of any
opinion, advice, or statement made on RideLinks by
anyone other than authorized RideLinks employees.
Under no circumstances shall RideLinks, or its affiliates,
or any of their officers, directors, employees, or
agents be liable for any loss, damage or harm caused
by a User's reliance on information obtained through
RideLinks. It is the responsibility of User to evaluate
the information, opinion, advice, or other Content
available through RideLinks.
d. EXPORT
The
U.S. export control laws regulate the export and reexport
of technology originating in the United States. This
includes the electronic transmission of information
and software to foreign countries and to certain foreign
nationals. User agrees to abide by these laws and
their regulations -- including but not limited to
the Export Administration Act and the Arms Export
Control Act and not to transfer, by electronic transmission
or otherwise, any Content derived from RideLinks to
either a foreign national or a foreign destination
in violation of such laws.
IV. ONLINE
CONDUCT
User
agrees to use RideLinks only for lawful purposes.
User is prohibited from posting on or transmitting
through RideLinks any unlawful, harmful, threatening,
abusive, harassing, defamatory, vulgar, obscene, sexually
explicit, profane, hateful, racially, ethnically,
or otherwise objectionable material of any kind, including
but not limited to any material that encourages conduct
that would constitute a criminal offense, give rise
to civil liability, or otherwise violate any applicable
local, state, national, or international law. If RideLinks
is notified of allegedly infringing, defamatory, damaging,
illegal, or offensive Content provided by User (e.g.,
through chat), RideLinks may investigate the allegation
and determine in its sole discretion whether to remove
or request the removal of such Content from RideLinks.
RideLinks may disclose any Content or electronic communication
of any kind (i) to satisfy any law, regulation, or
government request; (ii) if such disclosure is necessary
or appropriate to operate RideLinks; or (iii) to protect
the rights or property of RideLinks, its Users or
Providers. RideLinks reserves the right to prohibit
conduct, communication, or Content that it deems in
its sole discretion to be harmful to individual Users,
RideLinks, the communities that make up RideLinks,
or any rights of RideLinks or any third party, or
to violate any applicable law. Notwithstanding the
foregoing, neither RideLinks nor its Providers can
ensure prompt removal of questionable Content after
online posting. Accordingly, neither RideLinks, nor
its affiliates, nor any of their officers, directors,
employees, or agents, nor Providers shall assume liability
for any action or inaction with respect to conduct,
communication, or Content on RideLinks.
V. PRIVACY
POLICY
In
accordance with the terms of RideLinks' Privacy Policy,
RideLinks respects the privacy of its Users.
VI. TERMINATION
OF USAGE
RideLinks
may terminate User's access, or suspend any User's
access to all or part of RideLinks, without notice,
for any conduct that RideLinks, in its sole discretion,
believes is in violation of any applicable law or
is harmful to the interests of another User, a third-party
Provider, a service provider, or RideLinks.
VII. USAGE
BY CHILDREN UNDER 18
RideLinks
cannot prohibit minors from visiting this site. RideLinks
must rely on parents, guardians and those responsible
for supervising children under 18 to decide in which
services they participate.
VIII. APPLICABLE
LAW
This
site is created and controlled by RideLinks in the
State of California. As such, the laws of the State
of California will govern these disclaimers, terms
and conditions, without giving effect to any principles
of conflicts of laws. RideLinks reserves the right
to make changes to its site and these disclaimers,
terms and conditions at any time. User hereby irrevocably
and unconditionally consents to submit to the exclusive
jurisdiction of the courts of the State of California
and of the United States of America located in the
State of California for any litigation arising out
of or relating to use of or purchase made through
RideLinks (and agrees not to commence any litigation
relating thereto except in such courts), waives any
objection to the laying of venue of any such litigation
in the California Courts and agrees not to plead or
claim in any California Court that such litigation
brought therein has been brought in an inconvenient
forum.
IX. SEVERABILITY
The
provisions of these Terms of Use are intended to be
severable. If for any reason any provision of these
Terms of Use shall be held invalid or unenforceable
in whole or in part in any jurisdiction, such provision
shall, as to such jurisdiction, be ineffective to
the extent of such invalidity or unenforceability
without in any manner affecting the validity or enforceability
thereof in any other jurisdiction or the remaining
provisions hereof in any jurisdiction. ACKNOWLEDGMENT
The Terms of Use, including all documents referenced
herein, represents the entire understanding between
you and RideLinks regarding your relationship with
RideLinks and supersedes any prior statements or representations.
YOU AGREE TO BE BOUND BY THE TERMS OF USE by using
the RideLinks web site. The aforementioned Terms of
Use are subject to change.
|