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TERMS AND CONDITIONS

 

PLEASE READ THE FOLLOWING TERMS AND CONDITIONS RELATING TO YOUR USE OF OUR WEBSITE AND OUR PRODUCT AND OFFERINGS CAREFULLY.  BY SUBSCRIBING TO TRANSITNEWS.NET YOU ACKNOWLEDGE AND ACCEPT THIS AGREEMENT AND IF YOU ARE ADMINISTERING A GROUP DISCOUNT, YOU MUST INFORM EACH PERSON RECEIVING THIS SERVICE OF THESE TERMS AND CONDITIONS.

By using our Website and/or one of our Product (our online Product, “TransitNews.net," further referred to throughout this agreement as “Product” you (“Subscriber”) agree to the terms and conditions set forth in this Subscription Agreement (this “Agreement”). We reserve the right, in our sole discretion, to change, modify, add or remove provisions of this Agreement at any time. You should check this Agreement periodically for changes. By using this Website or our Product after we post any changes to this Agreement or otherwise notify you of such changes, you agree to accept those changes, whether or not you have reviewed them. If you do not agree to this Agreement, you should not use our Website and/or our Product and you should arrange to cancel your registered user account or subscription with us, as applicable.

Unless we indicate otherwise, this Agreement applies to your use of the website which are owned or operated by The Wright Group LLC. (TransitNews, "we," "us," or "our") and our affiliates (collectively, “The Wright Group LLC” and/or “TransitNews”), including, without limitation, this website and any other website that we may own or operate currently or in the future (collectively, our "Website"), and all of the Products that we may offer currently or in the future. For purposes of this Agreement, "affiliates" shall mean any entity or person, directly or indirectly, owning a controlling interest in, owned by, or under common ownership control with The Wright Group LLC and its subsidiaries.

1. The Service:TransitNews (hereinafter referred to as provider or Website), a service of The Wright Group LLC, agrees to provide to subscriber, news and information gathered from a variety of sources pertaining to the public transportation industry, for a fee agreed upon between provider and subscriber based upon the level of service desired by subscriber. Provider and subscriber further agree that such subscription will be for a period specified by the subscriber and agreed upon by provider at the time of purchase. All fee-based subscriptions are non-refundable.

In consideration for payment, provider will send an electronic mail message to subscriber each business day. A business day is defined as Monday-Friday excluding legal holidays. A legal holiday is defined as those celebrated by the New York Stock Exchange. This service will be provided fifty (50) week per year. Subscriber agrees that provider will not provide electronic mail message during the weeks of Christmas (the final message will be sent the Friday prior to Christmas Day) and New Year (Service will commence the first Monday following New Year's Day).

2. Copyright laws and forwarding of the Product: Subscriber agrees to use our Product for his/her own personal use and further agrees that THE INFORMATION WILL NOT BE FORWARDED EITHER ELECTRONICALLY OR IN PRINTED FORM TO OTHER PEOPLE WITHIN OR OUTSIDE SUBSCRIBER'S COMPANY, ORGANIZATION OR GOVERNMENT AGENCY. SUBSCRIBER FURTHER AGREES TO ABIDE BY ALL COPYRIGHT LAWS OF THE PUBLICATIONS AND PERIODICALS LISTED IN THE ELECTRONIC MAIL MESSAGE. SUBSCRIBER AGREES THAT SHOULD PROVIDER OBTAIN INFORMATION THAT THE INFORMATION BEING SENT BY ELECTRONIC MAIL MESSAGE IS BEING FORWARDED TO OTHER INDIVIDUALS, FIRMS, COMPANIES OR OTHER LEGAL ENTITIES THAT PROVIDER MAY TERMINATE SERVICE TO SUBSCRIBER AND ALL FEES PAID BY SUBSCRIBER WILL BE RETAINED BY PROVIDER.

3. Charges and Fees for Product: Subscriber agrees to pay a specified fee to provider for the level of service agreed upon and that such fee is payable prior to commencement of service. This level of service will be agreed upon by the rate of payment made by subscriber to provider as published on providers "Website" as of the date the subscription was purchased by subscriber. Subscriber agrees that any promotional offer made and fees paid will revert to regular levels of service and payment for such levels will be charged after the period of the promotion terminates. Certain portions, components, content and features of this Website are only available to individuals who purchase a subscription to one of our Product. As a subscriber to one of our Products, you agree as follows:

a. You agree to pay, using a valid credit card (or other form of payment which we may accept from time to time), the fixed and periodic charges and fees set forth on this Website, applicable taxes, and other charges and fees incurred in order to access our Product.

b. We reserve the right to increase charges and fees, or to institute new charges or fees at any time, upon reasonable advance notice communicated to you through a posting on this Website or such other means as we may deem appropriate from time to time (including electronic mail or conventional mail).

c. If you were eligible for a discounted rate but are no longer eligible for that rate, the renewal charge will be the regular rate for the Product you receive, unless we notify you in advance at the time of sign up or prior to the beginning of the renewal period as described above.

d. In addition to the fees and charges set forth above, you are responsible for all charges and fees associated with connecting to our Website and our Product, including without limitation all telephone access lines (including long-distance charges, when applicable), internet service provider fees, telephone and computer equipment, sales taxes and any other fees and charges necessary to access our Product.

e. For purposes of your use of our Product including identification and billing, you agree to provide us with true, accurate and complete information as required by the subscription or sign up process to our Product ("Subscription Data"), including your legal name, address, telephone number, email address and applicable billing information (e.g., credit card number and expiration date), and to allow us to share your Subscription Data with third parties for the purpose of verifying the information you provide and billing your credit card or otherwise charging your account.

f. You agree to maintain and promptly update the Subscription Data to keep it accurate. Without limiting any other provision of this Agreement, if you provide any information that is untrue, inaccurate, or incomplete, or we have reasonable grounds to suspect that such is the case, we reserve the right to suspend or terminate your user account or subscription and refuse any and all current or future use by you of our Website (or any portion thereof) or any of our Product. You are obligated maintain your Subscription Data and to correct or update your Subscription Data including your billing information.

g. You are entirely responsible for maintaining the confidentiality of your password and user account information. You must notify us immediately in the event of any known or suspected unauthorized use of your user account, or any known or suspected breach of security, including loss, theft, or unauthorized disclosure of your or anyone else’s password or credit card information. In the event of a breach of security by you, you will remain liable for any unauthorized use of your subscription until you update your Subscription Data.

4. Cancellation and refunds:Subscriber further agrees that should the service no longer be desired, any unpaid portion of the subscription fee is "nonrefundable," and that provider will retain any and all unused funds provided by subscriber to provider for the period previously agreed upon. Provider agrees that in the event of cancellation of service by subscriber that provider will no longer renew said service in the future unless agreed upon by subscriber and provider. Corporate or other group subscriptions paid by agencies or companies are the property of said agency or company and cannot be transferred to an individual leaving the agency or company.

5. Accuracy of data and information: Provider makes no warrant as to the accuracy, validity or completeness of the information provided to subscriber. Provider cannot guarantee, warrant or otherwise confirm that information contained in the electronic message will be available at the source of the "hyperlink" as this information is controlled by the individual entities from which subscriber obtains the information. Provider agrees to provide such "hyperlinks" in addition to a summary of information (depending on the subscription level) and warrants that at the time the information was provided that all "hyperlinks" were active and accurate. Some of the "hyperlinks" may require a subscription to "hyperlink" location. In such instances it is the responsibility of subscriber to purchase access to the "hyperlink" location.

6. Timeliness of service: Due to the nature of the electronic media being used to collect, gather and compile information, provider cannot guarantee that the information provided to subscriber is the latest information posted on the secondary news source website, but does warrant that the information and "hyperlink" was accurate as of the time the electronic mail message was forwarded from provider to subscriber.

7. Privacy: Provider agrees that it will not use personal information provided by subscriber to a second party for the purpose of marketing, mailing or other means and Provider agrees to maintain only a minimal amount of personal subscriber information to conduct its business. Provider will place a “cookie” on Subscriber’s computer for the sole purpose of verifying Subscriber’s subscription, and providing Subscriber the access necessary to link to articles.

8. Your Use of this Website and Our Product: Unless otherwise specified, we grant you a non-exclusive, non-transferable, limited right to access, use and display this Website and the material provided hereon, and the Product that you subscribed to, for your personal, noncommercial use, provided that you comply fully with the provisions of this Agreement. You agree not to assign, transfer or sublicense your rights as a registered user of, or subscriber to, this Website and/or our Product. You understand that only you may use your user account and password, and that your subscription to our Product is only valid for your personal, noncommercial use and may not be shared with others. You agree to be financially responsible for all usage or activity of Product subscribed to by you.

By using this Website and/or our Product, you agree to be legally bound and to abide by this Agreement, just as if you had signed this Agreement. If you do not comply with this Agreement at any time, we reserve the right to cancel or terminate your subscription and delete Subscriber password, user account, and/or access to this Website (or any part thereof) and/or our Product. In our sole discretion and without prior notice or liability, we may discontinue, modify or alter any aspect of the Website or our Product, including, but not limited to, (i) restricting the time the Website and/or a Fee-Based Product is available, (ii) restricting the amount of use permitted, and (iii) restricting or terminating any Subscriber's right to use the Website and/or any of our Product. Subscriber agrees that any termination or cancellation of access to, or use of, the Website and/or our Product may be effected without prior notice. If you do not abide by the terms of this Agreement, except as we may otherwise provide from time to time, you agree that we may immediately deactivate or delete your user account and all related information and/or files in your user account and/or bar any further access to such information and/or files, our Website (or part thereof) and/or our Product. Further, you agree that we shall not be liable to you or any third-party for any termination or cancellation of your access to, or use of, our Website and/or our Product. You acknowledge that your only right with respect to any dissatisfaction with any modification or discontinuation of service made by us pursuant to this provision or this Agreement, or any policies or practices by us in providing this Website or our Product, including without limitation any change in content or any change in the amount or type of fees or charges associated with the Product, is to cancel or terminate your subscription or registered user account, as applicable.

From time to time, we may supplement this Agreement with additional terms and conditions pertaining to specific content, activities or events ("Additional Terms"). Such Additional Terms may be placed on the Website to be viewed in connection with the specific content, activities, features or events and shall be identified as such. You understand and agree that such Additional Terms are hereby incorporated by reference into this Agreement.

9. Cancellation of Subscription: Either you or The Wright Group LLC may terminate or cancel your subscription to our Product at any time. You understand and agree that the cancellation or termination of your subscription is your sole right and remedy with respect to any dispute with us including, without limitation, any dispute related to, or arising out of: (i) any terms of this Agreement or our enforcement or application of this Agreement; (ii) any practice or policy of The Wright Group LLC, including our Terms and Conditions, our Privacy Policy or our enforcement or application of these policies; (iii) the content available through this Website or any change in content provided through the Website or on a Fee-Based Product; (iv) your ability to access and/or use our Website or any Fee-Based Product; or (v) the amount or types of our fees or charges, surcharges, applicable taxes, or billing methods, or any change to our fees or charges, applicable taxes, or billing methods. Upon cancellation or termination of your subscription to our Product, we may immediately deactivate your user account and all related information and/or files in your user account and/or bar any further access to such information and/or files, our Website (or part thereof) and/or our Product, except as we may otherwise provide from time to time.

You can cancel your subscription by contacting Customer Service or by such other means as we may provide from time to time. We will attempt to process all cancellation requests within 72 hours after we receive your request. We reserve the right to collect fees, surcharges, or costs incurred before your cancellation takes effect.

10. Restrictions on Use of Materials: You acknowledge that this Website contains information, software, photos, video, text, graphics, music, sounds, questions, creative suggestions, messages, comments, feedback, ideas, notes, drawings, articles and other materials (collectively, "Content") that are protected by copyrights, patents, trademarks, trade secrets and/or other proprietary rights, and that these rights are valid and protected in all forms, media and technologies existing now or hereafter developed. All Content is copyrighted under the United States copyright laws (and, if applicable, similar foreign laws), and we own a copyright in the selection, coordination, arrangement and enhancement of such Content. All trademarks appearing on this Website are trademarks of their respective owners. You may not modify, publish, transmit, distribute, perform, participate in the transfer or sale, create derivative works of, or in any way exploit, any of the Content, in whole or in part. When Content is downloaded to your computer, you do not obtain any ownership interest in such Content. Modification of the Content or use of the Content for any other purpose, including, but not limited to, use of any Content in printed form or on any other website or networked computer environment is strictly prohibited unless you receive our prior written consent.

11. Disclaimers of Warranties: PLEASE NOTE THE FOLLOWING IMPORTANT DISCLAIMERS OF WARRANTIES:

A. THE PRODUCT, OFFERINGS, CONTENT AND MATERIALS (INCLUDING, WITHOUT LIMITATION, THE PRODUCT) ON THIS WEBSITE ARE PROVIDED "AS IS" AND WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. WE DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO WARRANTIES OF TITLE OR IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, COMPATABILITY, SECURITY, ACCURACY OR NON-INFRINGEMENT.

B. NEITHER THE WRIGHT GROUP LLC, ANY OF OUR AFFILIATES, NOR ANY OF OUR OR THEIR RESPECTIVE LICENSORS, LICENSEES, SERVICE PROVIDERS OR SUPPLIERS WARRANT THAT THIS WEBSITE OR ANY FUNCTION CONTAINED IN THIS WEBSITE WILL BE UNINTERRUPTED OR ERROR-FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT THIS WEBSITE OR THE SERVERS THAT MAKE THIS WEBSITE AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS.

C. ANY PRODUCT, OFFERING, CONTENT AND MATERIAL (INCLUDING, WITHOUT LIMITATION, THE PRODUCT) DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THIS WEBSITE IS DONE AT YOUR SOLE RISK AND YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF ANY SUCH PRODUCT, OFFERING, CONTENT OR MATERIAL (INCLUDING, WITHOUT LIMITATION, THE PRODUCT).

D. NEITHER THE WRIGHT GROUP LLC, ANY OF OUR AFFILIATES, NOR ANY OF OUR OR THEIR RESPECTIVE LICENSORS, LICENSEES, SERVICE PROVIDERS OR SUPPLIERS WARRANT OR MAKE ANY REPRESENTATIONS REGARDING THE USE OR THE RESULTS OF THE USE OF THE PRODUCT, OFFERINGS, CONTENT AND MATERIALS (INCLUDING, WITHOUT LIMITATION, THE PRODUCT) IN THIS WEBSITE IN TERMS OF THEIR CORRECTNESS, ACCURACY, RELIABILITY, OR OTHERWISE.

12. Limitation of Liability: YOU EXPRESSLY UNDERSTAND AND AGREE THAT WE AND OUR AFFILIATES SHALL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY OR PUNITIVE DAMAGES, OR ANY OTHER DAMAGES WHATSOEVER, INCLUDING BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES (EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), ARISING OUT OF, OR RESULTING FROM, (A) THE USE OR THE INABILITY TO USE THIS WEBSITE (INCLUDING, WITHOUT LIMITATION, THE PRODUCT); (B) THE USE OF ANY CONTENT OR OTHER MATERIAL (INCLUDING, WITHOUT LIMITATION, THE PRODUCT) ON THIS WEBSITE OR ANY WEBSITE OR WEBSITES LINKED TO THIS WEBSITE, (C) THE COST OF PROCUREMENT OF SUBSTITUTE GOODS AND SERVICES RESULTING FROM ANY GOODS, DATA, INFORMATION OR SERVICES PURCHASED OR OBTAINED OR MESSAGES RECEIVED OR TRANSACTIONS ENTERED INTO THROUGH OR FROM THIS WEBSITE (INCLUDING, WITHOUT LIMITATION, THE PRODUCT); (D) UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA; (E) STATEMENTS OR CONDUCT OF ANY THIRD PARTY ON OUR WEBSITE (INCLUDING, WITHOUT LIMITATION, THE PRODUCT); OR (F) ANY OTHER MATTER RELATING TO THIS WEBSITE. IN NO EVENT SHALL OUR TOTAL LIABILITY TO YOU FOR ALL DAMAGES, LOSSES, AND CAUSES OF ACTION (WHETHER IN CONTRACT, TORT (INCLUDING, BUT NOT LIMITED TO, NEGLIGENCE), OR OTHERWISE) EXCEED THE AMOUNT PAID BY YOU, IF ANY, FOR ACCESSING THIS WEBSITE. IF YOU ARE DISSATISFIED WITH ANY PORTION OF OUR WEBSITE, OR WITH ANY OF PROVISION OF THIS AGREEMENT, YOUR SOLE AND EXCLUSIVE REMEDY IS THE DISCONTINUATION OF YOUR USE OF THIS WEBSITE.

13. Indemnification: You agree to indemnify, hold harmless and, at our option, defend us and our affiliates, and our and their officers, directors, employees, stockholders, agents and representatives from any and all third party claims, liability, damages and/or costs (including, but not limited to, reasonable attorneys fees and expenses) arising from your improper use of this Website or our Product or offerings (including, without limitation, the Product), your violation of this Agreement, or your infringement, or the infringement or use by any other user of your account, of any intellectual property or other right of any person or entity.

14. Governing Law and Choice of Forum: This Agreement shall be governed by and construed in accordance with the laws of the State of Florida, without giving effect to any principles of conflicts of law. You agree that any action at law or in equity arising out of or relating to your use of this Website (including, without limitation, the Product) or this Agreement shall be filed only in the state or federal courts located in Volusia County in the State of Florida and you hereby consent and submit to the personal jurisdiction of such courts for the purposes of litigating any such action.

15. Miscellaneous Terms: In any action against us arising from the use of this Website (including, without limitation, the Product), the prevailing party shall be entitled to recover all legal expenses incurred in connection with the action, including but not limited to its costs, both taxable and non-taxable, and reasonable attorney's fees.

If any provision of these terms shall be unlawful, void, or for any reason unenforceable, then that provision shall be deemed severable from these terms and shall not affect the validity and enforceability of any remaining provisions. This Agreement, together with the Terms & Conditions (if applicable), are the entire agreement between you and us relating to the subject matter herein. In the event of any conflict between this Agreement and the Terms & Conditions, this Agreement shall control. This Agreement may be modified only by our posting of changes to this Agreement on this Website, or by written agreement of both parties. Each time you access this Website, you will be deemed to have accepted any such changes.

We may assign our rights and obligations under this Agreement. This Agreement will insure to the benefit of our successors, assigns and licensees. The failure of either party to insist upon or enforce the strict performance of the other party with respect to any provision of this Agreement, or to exercise any right under this Agreement, will not be construed as a waiver or relinquishment to any extent of such party's right to assert or rely upon any such provision or right in that or any other instance; rather, the same will be and remain in full force and effect.

By payment of subscription by subscriber both subscriber and provider agree to the terms and conditions set forth in this agreement

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