Terms of Use
Your access to and use of this website are subject to the
following terms and conditions. Please read these terms and
conditions carefully. If you do not accept them, do not use this
website. By using this website, you accept and agree to be bound by
the following terms and conditions.
WageWorks, Inc. (the "Company") may revise these terms and
conditions at any time by updating this posting. You should visit
this page periodically to review the terms and conditions, because
they are binding on you. The terms "you," "your" and "user" as used
herein refer to all persons and entities accessing this website for
any reason.
1. Use of Website Content
The Company authorizes you to view and access a single copy of the
content available on or from this website solely for your personal,
noncommercial use. The contents of this website, such as text,
graphics, images, logos, button icons, software and other content
(collectively, "Website Content"), are protected under United
States and foreign copyright, trademark and other laws. All Website
Content is the property of the Company or its licensors or clients.
The compilation (meaning the collection, arrangement and assembly)
of all content on this website is the exclusive property of the
Company and protected by United States and international copyright
laws. Unauthorized use of the Website Content may violate
copyright, trademark and other laws. On any copy you make of the
Website Content, you must retain all copyright, trademark,
service-mark and other proprietary notices contained in the
original Website Content. You may not sell or modify the Website
Content or reproduce, display, publicly perform, distribute or
otherwise use the Website Content in any way for any public or
commercial purpose. Use of the Website Content on any other website
or in a networked computer environment for any purpose is
prohibited. Except as expressly provided by the aforementioned, you
may not copy or adapt the HTML, XML or other computer code that the
Company creates to generate any Website Content.
2. Acceptable Website Use
A. General Rules: You may not use this website (a) to transmit, distribute, store or destroy material, including without limitation Website Content, in violation of any applicable law or regulation; (b) in a manner that will infringe the copyright, trademark, trade secret or other intellectual property rights of others or violate the privacy, publicity or other personal rights of others; or (c) to transmit, distribute or store material that is defamatory, obscene, threatening, abusive or hateful. You may not use this website for any illegal purpose or in any manner that would subject the Company or any of this website's users to liability.
B. Security Rules. You are prohibited from violating or attempting to violate the security of this website, including without limitation, (a) accessing data not intended for your access or logging into a server or account which you are not authorized to access; (b) attempting to probe, scan or test the vulnerability of a system or network or to breach security or authentication measures without proper authorization; (c) attempting to interfere with service to any user of this website, host or network, including without limitation, via means of submitting a virus to this website or by any activity of overloading, "flooding," "spamming," "mailbombing" or "crashing" this website or its associated services; (d) sending unsolicited e-mail, including promotions and/or advertising of products or services; or (e) forging any TCP/IP packet header or any part of the header information in any e-mail or newsgroup posting.
3. Specific Prohibited Uses
This website may be used only for lawful purposes by those
interested in obtaining information about or using the products
and/or services described in this website. The Company specifically
prohibits any use of this website, and you agree not to use the
Website, for any of the following:
(1) Transmitting or posting any incomplete, false or inaccurate
information.
(2) Deleting or revising any material posted by the Company or any
other person or entity without permission.
(3) Using any device, software or routine to interfere or attempt
to interfere with the proper working of this website or any
activity conducted on this website.
(4) Taking any action which imposes an unreasonable or
disproportionately large load on this website's infrastructure.
(5) If you have a password, allowing access to a non-public area
of this website, disclosing to or sharing your password with any
third-party or using your password for any unauthorized
purpose.
(6) Using or attempting to use, without the Company's permission,
any engine, software, tool, agent or other device or mechanism
(including without limitation browsers, spiders, robots, avatars or
intelligent agents) to navigate or search this website other than
the search engine and search agents available from the Company on
this website and other than generally commercially available
third-party web browsers (e.g., Netscape Navigator, Microsoft
Internet Explorer).
(7) Attempting to decipher, decompile, disassemble or reverse
engineer any of the software comprising or in any way making up a
part of this website.
(8) Aggregating, copying or duplicating in any manner any of the
Website Content or information available from this website, except
as otherwise specifically provided by these terms and
conditions.
(9) Framing or linking to any of the Website Content or
information available from this website without the Company's
permission.
4. User Information
In order to use certain areas of this website, or to obtain further information from the Company, you may be asked to provide information, including without limitation, a valid e-mail address (your "Information"). In addition to the terms and conditions set forth in this website's privacy statement, you understand and agree that the Company may disclose to third parties, on an anonymous basis, aggregate information contained in your registration application. Please see this website's privacy statement for further details regarding your Information.
5. User Submissions
As a user of this website, you are
responsible for your own communications and are responsible for the
consequences of their transmission and posting. You must not, and
by using this website you agree not to, transmit or post the
following: (a) material that is copyrighted, unless you are the
copyright owner or have the permission of the copyright owner; (b)
material that reveals trade secrets, unless you own them or have
the permission of their owner; (c) material that infringes on any
other intellectual property rights of others or on the privacy or
publicity rights of others; (d) material that is obscene,
defamatory, threatening, harassing, abusive, hateful or
embarrassing to any other person or entity; (e) a sexually-explicit
image or statement; (f) advertisements or solicitations of
business; (g) chain letters or pyramid schemes; (h) material that
serves to impersonate another person; or (i) material that contains
viruses, Trojan horses, worms, time bombs, cancelbots or other
computer programming routines or engines that are intended to
damage, detrimentally interfere with, surreptitiously intercept or
expropriate any system, data or information.
The Company does not represent or guarantee the truthfulness,
accuracy or reliability of communications transmitted or posted by
users of this website, nor endorse any opinions expressed by such
users. You acknowledge that any reliance on material transmitted or
posted by other users will be at your own risk.
The Company has no obligation to screen communications or
information in advance and is not responsible for screening or
monitoring material transmitted or posted by users. If notified by
a user of a communication which allegedly does not conform to these
terms and conditions, the Company may investigate the allegation
and determine, in its sole discretion, whether to remove or request
the removal of, or take other action with respect to, such
communication. The Company has no liability or responsibility to
users of this website for performance or nonperformance of such
activities. The Company reserves the right to prohibit any user
further access to this website for violating these terms and
conditions or any law. The Company reserves the right to remove
communications which are abusive, illegal or disruptive. The
Company may take any action with respect to user-submitted
information that it deems necessary or appropriate, in its sole
discretion, if it believes it may create liability for the Company,
damage the Company's image or cause the Company to lose (in whole
or in part) the services of its ISPs or other suppliers.
By submitting content to the Company via any public or non-public
area of this website, you grant the Company and its affiliates the
royalty-free, perpetual, irrevocable, sub-licensable (through
multiple tiers), non-exclusive right (including any moral rights)
and license to use, reproduce, modify, adapt, publish, translate,
create derivative works of, distribute, communicate to the public,
perform and display the content (in whole or in part) worldwide and
to incorporate it in other works in any form, media or technology
now known or later developed. You also warrant that the holder of
any rights, including moral rights, has completely and effectively
waived all such rights and validly and irrevocably granted to you
the right to grant the license stated above. You also permit any
user of this website to access, display, view, store and reproduce
such content for personal use. Subject to the foregoing, the owner
of content transmitted through or placed on this website retains
any and all rights that may exist in such content.
The Company appreciates hearing from its customers and welcomes
your comments regarding this website and the products and services
it provides. Please be advised, however, that the Company does not
accept or consider creative ideas, suggestions, inventions or
materials other than those which the Company has specifically
requested. While your feedback is valued, please be specific in
your comments and do not submit creative ideas, inventions,
suggestions or materials. If you send creative suggestions, ideas,
drawings, concepts, inventions or other information (collectively
the "Submission") to the Company, the Submission shall be the
property of the Company. None of the Submission shall be subject to
any obligation of confidence and the Company shall not be liable
for any use or disclosure of any Submission. The Company shall own
exclusively all now known or later discovered rights to the
Submission and shall be entitled to unrestricted use of the
Submission for any purpose whatsoever, commercial or otherwise,
without compensation to you or any other person who submitted the
Submission.
6. Registration and Password
You are responsible for the account you register through this website. You are responsible for maintaining the confidentiality of your account information and your password, and for updating your account information on a timely basis as needed. You are responsible for all uses of your account, whether or not authorized by you. You agree to immediately notify the Company of any unauthorized use of your account, your account information or your password.
7. Identification of Agent to Receive Notification of Claimed Copyright Infringement
If you believe that your copyrighted work has been uploaded, posted or copied to this website or is accessible on this website in a way that constitutes copyright infringement, please notify the Company by providing its designated copyright agent with the following information:
(1) The physical or electronic signature of either the copyright owner or of a person authorized to act on the copyright owner's behalf;
(2) A description of the copyrighted work you claim has been
infringed, and a description of the activity that you claim to be
infringing;
(3) Identification of the URL or other specific location on this
website where the material or activity you claim to be infringing
is located or is occurring; you must include enough information to
allow the Company to locate the material or the activity;
(4) Your name, address, telephone number and, if you have one,
your e-mail address;
(5) A statement by you that you have a good faith belief that use
on this website of the copyrighted work in the manner of which you
are complaining is not authorized by the copyright owner, any agent
of the copyright owner or the law; and
(6) A statement by you, made under penalty of perjury, that the
information you have provided in your notice is accurate and that
you are either the copyright owner or are authorized to act on
behalf of the copyright owner.
Notices of claims of copyright infringement with regard to this
website should be directed to the Company's designated agent for
receipt of such notices at:
Name: General
Counsel:
1065 Avenue of the Americas 5th Floor
New York, New York 10018
Phone: 212-329-2029,
E-mail: legal@TransitChek.com
8. Policy Regarding Termination for Infringement of Intellectual Property Rights
The Company respects the intellectual property of others, and asks users of this website, account holders and content providers to do the same. The unauthorized reproduction, copying, distribution, modification, public display or performance of a copyrighted work may constitute infringement of the rights of a copyright owner. As a condition to your use of this website, you agree not to use this website to infringe the intellectual property rights of others in any way. The Company may, in its sole discretion, terminate the accounts of any account holders, and block access to this website of any users, who are repeat infringers of the copyrights, or other intellectual property rights, of others. The Company reserves the right to take these actions at any time, in its sole discretion, with or without notice, and without any liability to the account holder who is terminated or to the user whose access is blocked.
9. Disclaimer of Liability for Third-Party Content and Information, Website Content, Etc.
The content and information on this
website is for informational purposes only. Nothing on this website
is intended to provide legal, accounting, tax or other professional
advice. Some of the content or information may be provided by third
parties, such as the participating transportation agencies. The
Company has no liability for such third-party information.
The Company is under no legal obligation to control the
information provided by other users which is made available through
this website. By its very nature, other people's information may be
offensive, harmful or inaccurate, and in some cases will be
mislabeled or deceptively labeled. The Company has no liability for
such information.
The Website Content and other information available on this
website may contain inaccuracies or typographical errors. The
Company makes no representations about the accuracy, reliability,
completeness or timeliness of the Website Content or any other
information available on this website. The use of this website and
the Website Content and any information available on this website
is at your own risk. Changes are periodically made to the Website
Content and other information available on this website and may be
made at any time and without notice.
10. DISCLAIMER OF REPRESENTATIONS AND WARRANTIES
THE COMPANY DOES NOT REPRESENT OR WARRANT THAT THIS WEBSITE WILL OPERATE ERROR-FREE OR BE FREE OF COMPUTER VIRUSES OR OTHER HARMFUL MECHANISMS. IF YOUR USE OF THIS WEBSITE OR ANY WEBSITE CONTENT OR OTHER INFORMATION FROM THIS WEBSITE RESULTS IN THE NEED FOR SERVICING OR REPLACING EQUIPMENT OR DATA, THE COMPANY IS NOT RESPONSIBLE FOR THOSE COSTS. THIS WEBSITE, THE WEBSITE CONTENT, ANY OTHER INFORMATION AVAILABLE ON THIS WEBSITE, AND ANY PRODUCTS OR SERVICES AVAILABLE THROUGH THIS WEBSITE ARE PROVIDED ON AN "AS IS" BASIS WITHOUT ANY WARRANTIES OF ANY KIND. THE COMPANY, TO THE FULLEST EXTENT PERMITTED BY LAW, DISCLAIMS, WITH RESPECT TO THE FOREGOING, ALL WARRANTIES, WHETHER EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION THE WARRANTY OF MERCHANTABILITY, FITNESS FOR PARTICULAR PURPOSE AND NON-INFRINGEMENT. THE COMPANY MAKES NO WARRANTIES ABOUT THE ACCURACY, RELIABILITY, AVAILABILITY, COMPLETENESS OR TIMELINESS OF THIS WEBSITE, THE WEBSITE CONTENT, ANY OTHER INFORMATION AVAILABLE ON THIS WEBSITE, ANY PRODUCTS OR SERVICES AVAILABLE THROUGH THIS WEBSITE, ANY SOFTWARE ASSOCIATED WITH THIS WEBSITE, AND ANY TEXT, GRAPHICS AND LINKS FOUND ON THIS WEBSITE.
11. DISCLAIMER OF DAMAGES
IN NO EVENT SHALL THE COMPANY, ITS SUPPLIERS OR ANY THIRD PARTIES MENTIONED ON THIS WEBSITE BE LIABLE FOR ANY INCIDENTAL, SPECIAL, INDIRECT, CONSEQUENTIAL, PUNITIVE, EXEMPLARY OR STATUTORY DAMAGES (INCLUDING WITHOUT LIMITATION, LOST PROFITS OR DAMAGES, LOST DATA OR BUSINESS INTERRUPTION) RESULTING IN ANY WAY FROM USE OF THIS WEBSITE, THE WEBSITE CONTENT, ANY OTHER INFORMATION AVAILABLE ON THIS WEBSITE OR ANY PRODUCTS OR SERVICES AVAILABLE THROUGH THIS WEBSITE, WHETHER BASED ON WARRANTY, CONTRACT, TORT OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT THE COMPANY IS ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
12. LIMITATION OF LIABILITY
IN THE EVENT THE COMPANY IS LIABLE TO YOU FOR ANY REASON IN CONNECTION WITH THIS WEBSITE, YOU AGREE THAT THE MAXIMUM AGGREGATE LIABILITY OF THE COMPANY TO YOU FOR ALL CLAIMS ARISING THEREFROM (INCLUDING WITHOUT LIMITATION, YOUR USE OF THE WEBSITE, ANY WEBSITE CONTENT, ANY OTHER INFORMATION AVAILABLE ON THIS WEBSITE, AND ANY PRODUCTS OR SERVICES AVAILABLE THROUGH THIS WEBSITE) IS LIMITED TO THE AMOUNT OF MONEY ACTUALLY RECEIVED BY THE COMPANY FROM YOU VIA THE WEBSITE.
13. Links to Other Sites
This website may contain links to third-party websites. These links are provided solely as a convenience to you and not as an endorsement by the Company of the contents on such third-party websites. The Company is not responsible for the content of linked third-party websites and does not make any representations regarding the content, information, materials, products or services available on such third-party websites. If you decide to access linked third-party websites, you do so at your own risk.
14. No Resale or Unauthorized Commercial Use
You may not resell or assign your rights or obligations under these terms and conditions. You also may not make any unauthorized commercial use of this website.
15. Termination
The Company reserves the right, at its sole discretion, to pursue all of its legal remedies, including but not limited to deletion of your submissions or postings and the immediate termination of your account or ability to access this website and/or any other service provided to you by the Company, for any breach by you of these terms and conditions. Additionally, the Company reserves the right to modify, update, discontinue, suspend or terminate any part or all of this website at any time and without notice.
16. Indemnity
You agree to defend, indemnify and hold harmless the Company, its officers, directors, employees and agents, from and against any claims, actions or demands, including without limitation reasonable legal and accounting fees, alleging or resulting from your use of this website or your breach of these terms and conditions. The Company shall provide notice to you promptly of any such claim, suit or proceeding and shall assist you, at your expense, in defending any such claim, suit or proceeding. You may not settle any such claim, suit or proceeding without the Company's prior written consent.
17. Additional Terms of Use
Certain areas of this website may be subject to additional terms of use that are specified at such areas. By using those areas, or any part thereof, you agree to be bound by the additional terms of use applicable to such areas.
18. Miscellaneous
This website is not intended for use outside the United States. The Company makes no claims that the Website Content or any other information available on this website may be lawfully viewed or accessed outside of the United States. Access to the same may not be legal by certain persons or in certain countries. If you access this website from outside of the United States, you do so at your own risk and are responsible for compliance with the laws of your jurisdiction. These terms and conditions are governed by the internal substantive laws of the State of New York, without respect to its conflict of laws principles. Jurisdiction for any claims arising under this agreement shall lie exclusively with the state or federal courts within the County of New York in the State of New York. If any provision of these terms and conditions is found to be invalid by any court having competent jurisdiction, the invalidity of such provision shall not affect the validity of the remaining provisions of these terms and conditions, which shall remain in full force and effect. No waiver of any term of these terms and conditions shall be deemed a further or continuing waiver of such term or any other term. Except as expressly provided in additional terms of use for areas of this website, a particular "Legal Notice," or Software License or material on particular web pages, these terms and conditions constitute the entire agreement between you and the Company with respect to the use of this website. No changes to these terms and conditions shall be made except by a revised posting on this web page. The headings and sections identified in these terms and conditions are for convenience and are not intended to be used for the interpretation of any term or condition.
©2012 WageWorks, Inc.