This Website (the "Website," or the "Site") is provided to you by LAKETRAN ("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 these Terms and Conditions of Use (the "Terms"). Our Terms govern your
use of our Site. Our Terms 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, and receipt of services, information, or other
materials through the Site. These Terms do not apply to any other services, goods,
or information you obtain from LAKETRAN.
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.
- Your Agreement
These Terms govern your use of the Website. Please read these Terms carefully as
they impose legal obligations on you and LAKETRAN. 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.
- 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 LAKETRAN as well
as the programs and services that we offer, (ii) use and enroll in any of the programs
or services in which you are eligible to participate, and (iii) print pages from
our Website for purposes of using our transportation services and reaching your
destinations (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).
- LAKETRAN 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 LAKETRAN, its licensors,
or are used under principles of fair use, and protected by copyright and other intellectual
property laws. LAKETRAN retains all rights with respect to the Website except those
expressly granted to you in Section 2 above.
- 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 the Dial-a-Ride reservation request or Vendor Registration service,
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.
- 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.
- 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.
- Warranty Disclaimer
LAKETRAN 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. For example, LAKETRAN does not guarantee
that schedules or directions provided to you will be accurate. The Site, and all
of the programs and services on the Site are available on an "AS IS" and "AS AVAILABLE"
basis. LAKETRAN 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, LAKETRAN DISCLAIMS ALL WARRANTIES, EXPRESS
OR IMPLIED, INCLUDING ANY IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR
A PARTICULAR PURPOSE. YOU EXPRESSLY AGREE THAT USE OF LAKETRAN SITE AND RELATED
SERVICES IS AT YOUR SOLE RISK.
- Links to Third-Party Sites
The Website may contain links or references to third party websites such as when
you use the Information Maps or Affiliated Organizations available on our Site.
LAKETRAN 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. LAKETRAN does not endorse the content of any third party site, nor does
LAKETRAN 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.
- Limitation of Liability
UNDER NO CIRCUMSTANCES, INCLUDING BUT NOT LIMITED TO BREACH OF CONTRACT, TORT, OR
NEGLIGENCE, WILL LAKETRAN 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 LAKETRAN SITE, ITS PROGRAMS,
SERVICES, ONLINE PURCHASES, OR CONTENT. IN NO EVENT SHALL LAKETRAN'S AGGREGATE LIABILITY
TO YOU FOR ANY LOSS, DAMAGE, OR CLAIM RELATED TO OR ARISING OUT OF LAKETRAN SITE
OR ANY PROGRAMS OR SERVICES YOU RECEIVE FROM THE SITE EXCEED THE TOTAL AMOUNTS,
IF ANY, ACTUALLY PAID BY YOU TO LAKETRAN FOR SUCH SITE PROGRAMS OR SERVICES DURING
THE SIX (6) MONTH PERIOD IMMEDIATELY PRECEDING THE EVENT GIVING RISE TO THE LIABILITY.
- Public Records Requests
Certain information held by LAKETRAN may be subject to public records laws. Dissemination
of such information is governed by the Public Records Law and other applicable laws
and regulations. These laws require disclosure of certain information in response
to a public records request.
- Indemnity
You agree to defend, indemnify, and hold LAKETRAN 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.
- Contact for Alleged Copyright Infringement
LAKETRAN 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:
Jamey Tesler, Esq.
Massachusetts Bay Transportation Authority
Law Department, 7th Floor
10 Park Plaza
Boston, MA 02116
Email: JTesler@mbta.com
Your notice must comply with the DMCA. Upon receipt of a proper notice, we will
respond and proceed in accordance with the DMCA.
- Indemnity
You agree to defend, indemnify, and hold LAKETRAN 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.
- 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
- 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.
- Assignment
These Terms shall not be assignable by you, either in whole or in part. LAKETRAN
reserves the right to assign its rights and obligations under these Terms.
- Definitions
Website Services means the informational, educational, travel-related, or other
services that we offer through our Website.
- General
These Terms shall be governed in all respects by the laws of the State of Ohio 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 State of Ohio,
in the judicial district that includes Lake County, Ohio. 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. LAKETRAN'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 LAKETRAN and you with respect
to the subject matter hereof and supersede any prior or contemporaneous understanding,
whether written or oral.
- Survival
The following provisions shall survive the termination of these Terms and shall
apply indefinitely: Section 3 (LAKETRAN 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)
Contact Us
We welcome your feedback or suggestions, please contact us at: marketing@laketran.com
Effective Date
The effective date of these Terms is December 15, 2008.