Jacksonville Transportation Authority operates the website at jtafla.com (the "Website" or "Site"). To assist you in using the Website and to ensure a clear understanding of the relationship arising from your use of the Website, we have created (i) these Terms of Use (the "Terms of Use" or "Terms") and (ii) the Privacy Policy. Our Privacy Policy explains how we treat information you provide to us through the Site, including information that identifies you as an individual ("Personally Identifiable Information"), and our Terms govern your use of our Site, including the services available on the Site (the "Services"). Our Terms and Privacy Policy apply to any Website visitor (collectively, "you"), including (a) casual Site visitors ("Guest Users"), and (b) individuals who are, or are seeking to become, registered users ("Registered Users"). The terms "JTA," "we," "our", and "us" refer to Jacksonville Transportation Authority.
PLEASE READ THIS DOCUMENT CAREFULLY BEFORE YOU ACCESS OR USE THE WEBSITE. BY ACCESSING THE WEBSITE, YOU AGREE TO BE BOUND BY THE TERMS AND CONDITIONS SET FORTH BELOW. IF YOU DO NOT WISH TO BE BOUND BY THESE TERMS AND CONDITIONS, THEN PLEASE DO NOT ACCESS OUR WEBSITE.
These Terms govern: (i) your use of the Website; (ii) your provision of information while using the Website (collectively, the "User Content"); and (iii) your use of information obtained through the Website, including information, software, video, audio, pictures, content, trademarks, trade dress, and other intellectual property owned by JTA or its licensors and made available to you through the Website (collectively, the "JTA Content"). Please read these Terms carefully because they impose legal obligations on you and on JTA, and establish our legal relationship. By accessing our Website, you are acknowledging that you have read and understood these Terms and agree to be legally bound by them.
If you are agreeing to our Terms of Use on behalf of a company or other legal entity ("Your Organization"), then (i) you represent and warrant that you have authority to act on behalf of, and to bind, Your Organization, and (ii) for all purposes in these Terms and the Privacy Policy, the term "you" means Your Organization on whose behalf you are acting.
Our Privacy Policy explains how we treat information that you provide to us through the Site. By accessing our Website, you consent to our privacy practices as set out in our Privacy Policy, which is available at jtafla.com/privacy-policy.
We may make certain areas of the Website accessible only to users that have a password. While you can visit the Website as a Guest User, to access and participate in certain Services, you must become a Registered User. During the registration process, you may be required to provide certain information about you. You agree that the information you provide to us in this process is complete and accurate. If you become a Registered User, and if you obtain a password, please keep in mind that we will treat anyone who uses your user name and password as "you". We will provide this user with all of the rights and privileges that we provide to you, and we will hold you responsible for the activities of a person using your password. Therefore, we recommend that you maintain your user name and password in confidence, and that you refrain from disclosing this information to anyone who might "pretend" to be you with respect to the Website and your participation in the Services. Please notify us immediately if you suspect that someone is using your user name and/or password in an inappropriate manner.
The information, software, video, audio, pictures, trademarks, trade dress, and other intellectual property embodied in the Website or JTA Content are the property of JTA and its licensors, and are protected by U.S. and international copyright and other intellectual property laws, or are used under the principles of fair use. JTA and its licensors retain all rights with respect to the Website and the JTA Content except those expressly granted to you in these Terms. You agree not to duplicate, publish, display, distribute, modify, or create derivative works from the material presented through the Site unless specifically authorized in writing by JTA.
By submitting User Content when interacting with the Website, uploading files, or through other means (if such features are available to you), you grant to JTA a perpetual right to use, copy, reformat, index, modify, display, and distribute your User Content for the purposes of providing Services to you and for JTA's operations. No compensation will be paid with respect to JTA's use of your User Content. You represent and warrant that you own all rights needed to provide the grant set out in this Section 5.1 (Grant of Rights to JTA in User Content).
Subject to your compliance with these Terms, we grant to you a limited, non-exclusive, non-transferrable, worldwide right to access, execute, perform, and otherwise use the Website and JTA Content solely for your personal purposes, and provided that you shall not: (i) license, sublicense, sell, resell, distribute, or otherwise commercially exploit the Website or JTA Content; (ii) modify or make derivative works based upon the Website or JTA content; or (iii) reverse engineer, reverse compile, or access the Website or JTA Content in order to build a competitive product or service. You may access and view the Website and JTA Content for use solely as provided in these Terms, and you may not modify, copy, distribute, or otherwise use the Website or JTA Content.
AS A CONDITION TO YOUR USE OF THE WEBSITE, YOU AGREE TO FOLLOW OUR CODE OF CONDUCT, SET OUT BELOW. Under this Code, you will not:
We reserve the right at any time to (i) monitor your use of the Website, and (ii) terminate or suspend your use of some or all portions of the Website if you engage in activities that we conclude, in our discretion, breach our Code of Conduct or otherwise violate these Terms or our Privacy Policy.
Although we have no – and assume no – obligation to monitor activities on the Website, please understand that we may employ filters designed to detect and block inappropriate content under our Code of Conduct. We reserve the right to request edits to remove any information or material, in whole or in part, that we believe, in our sole discretion, is incompatible with our Code of Conduct. IF YOU DO NOT REMOVE OBJECTIONABLE CONTENT IN RESPONSE TO OUR REASONABLE REQUESTS, THEN WE WILL TERMINATE YOUR USE OF SOME OR ALL OF THE SITE OR SERVICES AT ISSUE AND REMOVE THE CONTENT AT ISSUE.
Our Code of Conduct is based in many instances on principles of applicable law. Accordingly, users who violate our Code of Conduct may be exposed under these laws to criminal charges, and civil liability to harmed parties for compensatory damages and attorney's fees. JTA reserves the right at all times to disclose information that it deems necessary to satisfy any applicable law, regulation, legal process, or governmental request, consistent with our Privacy Policy.
If you believe that a user has acted inappropriately, such as by violating our Code of Conduct, then you may report your concerns by contacting us as set out in Section 22 (Contact Us).
The Website may contain links to third party websites (collectively, the "Linked Sites"). Linked Sites may include websites operated by third parties that we may engage to provide certain Services to you on our behalf. JTA does not own these Linked Sites and JTA does not assume any responsibility or liability for any content, opinions, material available on Linked Sites, or such Linked Sites' privacy practices with respect to information that you provide to the Linked Sites. JTA does not endorse the content of any Linked Site, nor does JTA warrant that a Linked Site will be free of computer viruses or other harmful code that can impact your computer or other web-access device. By using the Website to link to another site (including Linked Sites), you agree and understand that such use is at your own risk. For example, if you submit Personally Identifiable Information to a Linked Site, such as to www.ID.me for purposes of verifying your identity for eligibility in our special fare programs, then the Personally Identifiable Information that you submit shall be governed by the Linked Site's privacy policy and terms of use, and not by JTA's Privacy Policy and Terms of Use.
We call our official JTA mobile application "MyJTA". MyJTA offers a host of convenient features, such as methods to plan your trip ahead of time and to purchase and use mobile tickets to board JTA's buses. You can learn more about MyJTA and download it by visiting the app's page on the App Store and on Google Play.
As further set out in the separate terms associated with the app, including the MyJTA User Terms and Conditions and Privacy Policy, MyJTA and any services made available through the app are offered and managed by Passport Labs, Inc. ("Passport"), and not by JTA. Passport's terms will govern and apply to your use of MyJTA. If you have any questions regarding MyJTA or the terms that apply to your use of the app, please visit the "Help" menu on the app, refer to the Frequently Asked Questions, or contact Passport's customer service representatives.
JTA is not responsible or liable for User Content or user conduct. You are solely responsible for your User Content, conduct, and interaction with other site visitors, both online or offline. We have no obligation to become involved in disputes between Site users. If you have a dispute with another Site visitor, then you release JTA (and our officers, directors, agents, employees, subsidiaries, and affiliates) from claims, demands, and damages (actual and consequential) of every kind and nature, known and unknown, arising out of or in any way connected with such dispute.
JTA DOES NOT PROMISE THAT THE WEBSITE OR SERVICES WILL BE ERROR-FREE OR UNINTERRUPTED. THE WEBSITE, CONTENT, AND SERVICES ARE DELIVERED ON AN "AS IS" AND "AS AVAILABLE" BASIS. WHEN YOU ACCESS THE WEBSITE OR CONTENT, OR USE THE SERVICES, YOU DO SO AT YOUR OWN RISK. JTA DOES NOT WARRANT OR REPRESENT THAT MATERIALS YOU DOWNLOAD FROM THE SITE WILL BE FREE OF VIRUSES OR OTHER HARMFUL FEATURES.
JTA DISCLAIMS: (i) ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT; (ii) ANY RESPONSIBILITY OR LIABILITY FOR THE ACCURACY, CONTENT, COMPLETENESS, OR LEGALITY OF INFORMATION AVAILABLE THROUGH THE WEBSITE OR SERVICES; AND (iii) ANY RESPONSIBILITY OR LIABILITY FOR HARM RESULTING FROM DOWNLOADING OR ACCESSING INFORMATION THROUGH THE WEBSITE, INCLUDING HARM CAUSED BY VIRUSES OR SIMILAR DESTRUCTIVE FEATURES. YOU EXPRESSLY AGREE THAT USE OF THE WEBSITE, SERVICES, AND CONTENT IS AT YOUR SOLE RISK.
UNDER NO CIRCUMSTANCES INCLUDING, BUT NOT LIMITED TO, BREACH OF CONTRACT, TORT, OR NEGLIGENCE, WILL JTA 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 WEBSITE, SERVICES, AND CONTENT.
You agree to defend, indemnify, and hold JTA 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 or the Privacy Policy.
JTA respects the intellectual property rights of others and requires that its users do the same. If you believe that any Content (including Your Content and JTA Content) on the Website or other activity taking place on the Website constitutes infringement of a work protected by copyright (each, a "Work"), please notify us as follows:
[____________]
Your notice must comply with the Digital Millennium Copyright Act (17 U.S.C. §512) (the "DMCA"). Upon receipt of a compliant notice, we will respond and proceed in accordance with the DMCA.
We may modify and change these Terms over time. We will not "retroactively" change these Terms, and any modifications we make shall take effect proactively, once you next access the Website. Please feel free to print out a copy of these Terms for your records.
These Terms shall not be assignable by you, either in whole or in part. JTA 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 State of Florida 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 located in Florida, in the judicial district that includes Jacksonville, Florida. The parties further agree that any cause of action arising under these Terms or our Privacy Policy shall exclusively be brought in such courts. If any provision of these Terms is held to be invalid or unenforceable, then 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. JTA'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. Subject to Section 21 (Relationship to Privacy Policy and Other Contracts), this agreement and the terms and conditions contained herein set forth the entire understanding and agreement between JTA and you with respect to the subject matter hereof and supersede any prior or contemporaneous understanding, whether written or oral.
Certain portions of the Website or Services offered through it may be subject to additional or different terms and conditions. We will notify you if the Service or portion of the Site is subject to terms and conditions that differ from these Terms, and you will have the opportunity to decline to participate in such Service or Site if you do not agree with the differing terms and conditions.
In addition to any right or obligation that by its nature or intent is intended to survive the termination or expiration of these Terms, the following Sections shall survive any termination or expiration of these Terms and shall apply indefinitely: (i) Section 4 (Ownership; Reservation of Rights); (ii) Section 12 (Warranty Disclaimer); (iii) Section 13 (Limitation of Liability); (iv) Section 14 (Indemnity); (v) Section 17 (Assignment); and (vi) Section 18 (General).
These Terms must be read in conjunction (i) with other agreements into which you and JTA enter concerning the Website (if any), and (ii) with our Privacy Policy. The provisions of our Privacy Policy are incorporated herein. To the extent these Terms conflict with the terms of our Privacy Policy, the terms of our Privacy Policy shall control. Similarly, to the extent these Terms conflict with the terms and conditions of any specific agreement you enter with us, the terms and conditions of such specific agreement shall control.
If you have any questions about these Terms, the practices of this Site, or your dealings with this Website, please contact us using the form available on our Site, or at customer-svc@jtafla.com.
The effective date of these Terms of Use is June 18, 2019.
Copyright © 2019 Jacksonville Transportation Authority. All Rights Reserved.
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