Seattle

Subscriber Agreement

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This Subscriber Agreement (this “Agreement”) governs your use of all digital services of Eno Center for Transportation (“we” or “us” or “our”), including the Eno Transportation Weekly (each, a “Service”).

By creating an account for an Eno Service, you agree to be bound by the terms of this Agreement, If you do not agree to be bound by the terms of this Agreement, you should not check the box, but you will not be able to proceed with the registration process for the respective Service and become a subscriber. To the extent you have access to, or are using, a Service without having completed our registration process, you hereby are notified that your continued use of the Service is subject to many of the terms and conditions of this Agreement as explained in Section 7 below.

1. Changes to Subscriber Agreement. We may change the terms of this Agreement at any time by notifying you of the change in writing or electronically (including, without limitation, by email or by posting a notice on the Service that the terms have been “updated” or similar words). The changes also will appear in this document, which you can access at any time by going to the Subscriber Agreement link at the footer of those Services which are made available through the Terms and Conditions page on the Eno website. By using a Service after changes are made to this Agreement, you signify that you agree to be bound by such changes.

2. Privacy and Your Account. Registration data and other information about you are subject to our Privacy Policy. If your access to a Service has been provided by or through a third party (for example, your employer or an education institution where you are a student) (each, a “Third Party”), the Third Party may have provided us with information about you (such as your email address or name) to enable us to provide you with access to the Service and distinguish you from other subscribers. If you access a Service using a password, you solely are responsible for maintaining the confidentiality of that password. If you provide someone else with access to your password for a Service, that person will have the ability to view information about your account and make changes through the website for the Service. Similarly, if you tell someone your secure information for a Service, that person will be able to request information about your account and make changes through your web profile or by contacting Eno directly. You agree to notify Eno promptly if you change your billing and delivery addresses and email address so we can continue to contact you and send any notices required hereunder. If you fail to notify Eno promptly of a change, then any notice we send to your old address shall be deemed sufficient notice.

3. Fees and Payments. You must be 18 years of age or older to purchase a subscription to a Service or any other content, product, or service offered by us through a Service. If you are less than 18 years of age and want to make any such purchase, please ask your parent or guardian to complete the purchase on your behalf. You agree to pay the subscription fees and any other charges incurred in connection with your account for a Service (including any applicable taxes) at the rates in effect when the charges were incurred. If your subscription includes access to areas containing premium content or services, your access to such areas may be subject to additional fees, terms, and conditions, which will be separately disclosed in such areas. Unless you have paid by check, your credit card will be billed for all charges. Subscription fees will be billed at the beginning of your subscription or any renewal. Generally, all fees and charges are non-refundable but please contact Eno at 202-879-4700 or publicaffairs@enotrans.org for more details about our refund policies. We reserve the right to issue refunds or credits at our sole discretion. If we do issue a refund or credit, we are under no obligation to issue the same or similar refund in the future. We may change the fees and charges then in effect, or add new fees or charges, by giving you notice in advance and an opportunity to cancel. If you want to use a different credit card or you need to update your credit card details, please contact Eno at 202-879-4700 or publicaffairs@enotrans.org to make changes. If you believe someone has accessed a Service using your user name and password without your authorization, please immediately notify us by calling 202-879-4700. You are responsible for any fees or charges incurred to access a Service through an Internet access provider or other Third Party service.

4. Term Cancellation and Renewal. This Agreement shall remain in full force and effect while you use a Service. Unless you have paid by check, your subscription will renew automatically until it is cancelled in accordance with this Section. For annual subscriptions, we will notify you of the pending renewal of your subscription 30 days prior and a week prior to the date your subscription renews, except as otherwise required by law. For all subscriptions, you must cancel your subscription before it renews in order to avoid billing of subscription fees for the renewal term to your credit card unless you pay by check. We may cancel your subscription at any time upon notice to you. You may cancel your subscription by contacting Eno at 202-879-4700 or publicaffairs@enotrans.org Please note that only certain cancellation methods are permitted as described further in our Terms and Conditions.

5. Subscription Policies. By subscribing to a Service, you are subject to our Subscription policies which can be found at any time in our Terms and Conditions. Please read these carefully as they set forth our refund, cancellation, and pricing policies and other important matters. We reserve the right to change these policies at any time, and you should refer to them frequently to ensure you are aware of current policies.

6. Availability of Service through other Platforms; Third Party Payment Services.

6.1 If you access a Service through a mobile application or other type of third party platform, the applicable End User License Agreement for the mobile service through which you downloaded the mobile application may apply in addition to the terms of this Agreement, and you agree that you are subject to such application or platform’s terms in addition to this Agreement.

6.2 From time to time, we may use a third party not affiliated with us to process payments for a Service (a “Third Party Processor”). You agree that this Third Party Processor is solely responsible for controlling, handling, processing, or fulfilling purchases processed through its systems. When using such Third Party Processor, you may be subject to additional terms of use/service and privacy policy(ies) of the Third Party Processor.

7. Certain Types of Users. Other Subscribers and Users. If your access to a Service is provided by or through a Third Party (as defined in Section 2 above), or you purchased your subscription to the Service from a retailer rather than from us directly, some or all of the “Fees and Payments” and “Cancellation and Renewal” terms may not apply to you. Please contact the Third Party retailer or our Customer Service department for details. If you have access to a Service without paying or registering (e.g., as part of an “open house” or free trial), all of the terms and conditions of this Subscriber Agreement, except the section labeled “Fees and Payments” and “Cancellation and Renewal,” apply to your use and access of the Service.

8. Limitations on Use.

8.1 Only one individual may access a Service using the same user name or password unless we agree otherwise.

8.2 The text, graphics, images, video, artwork, metadata, and other data, design, organization, compilation, look and feel, advertising, and all other protectable intellectual property, including but not limited to any copyrights, trademarks, service marks, trade names, trade dress, patent rights, or database rights (the “Content”) available through a Service are our property or the property of our advertisers and licensors and are protected by copyright and other intellectual property laws. Unless you have our written consent, you may not use, sell, publish, distribute, retransmit, or otherwise provide access to the Content received through the Service to anyone, including, if applicable, your fellow students or employees, with the following exceptions:

8.2.1 You may on an occasional basis distribute a copy of an article, or a portion of an article, from a Service in non-electronic form to a few individuals without charge, provided you include all copyright and other proprietary rights notices in the same form in which the notices appear in the Service and the phrase “Reprinted, with permission of the Eno Center for Transportation, Washington, DC, from [name of article if appropriate], [name of publication], Copyright 20XX Eno Transportation Foundation.” Please consult our web site at www.enotrans.org or contact us at 202-879-4700 or publicaffairs@enotrans.org if you need to distribute an article from a Service to a larger number of individuals, or on a regular basis, or in any other manner not expressly permitted by this Agreement.

8.2.2 You may occasionally forward an article from a Service to a few individuals without charge. You are not permitted to use this service for the purpose of regularly providing other users with access to the Content.

8.2.3 While you may download, store, and create an archive of articles from the Service for your personal use, you may not otherwise provide access to such an archive to other individuals. The foregoing does not apply to any sharing functionality we provide through the Service that expressly allows you to share articles or links to articles with others. In addition, you may not use such an archive for data or text mining.

8.3 Additional Restrictions on Use of the Content.

8.3.1 You agree not to rearrange or modify the Content available through a Service. You agree not to display, post, frame, or scrape the Content for use on another website, application, blog, product, or service, except as otherwise expressly permitted by this Agreement. You agree not to create any derivative work based on or containing the Content.

8.3.2 You further agree to abide by exclusionary protocols (e.g., Robots.txt, Automated Content Access Protocol (ACAP), etc.) that may be used in connection with a Service. You may not access parts of a Service to which you are not authorized or attempt to circumvent any restrictions imposed on your use of or access to the Service.

8.3.3 You may not use the Content in any commercial product or service without our express written consent.

8.3.4 You may not create applications, extensions, or other products and services that use our Content without our permission. You may not aggregate or otherwise use our Content in a manner that could reasonably serve as a substitute for a subscription to a Service.

8.3.5 Any unauthorized or prohibited use of any Content may subject you to civil liability, criminal prosecution, or both under applicable federal, state, local laws, or applicable foreign laws, rules, regulations, and treaties. We require users to respect our copyrights, trademarks, and other intellectual property rights and shall enforce same.

8.4 You agree not to use a Service for any unlawful purpose. We reserve the right to terminate or restrict your access to a Service without notice to you if, in our opinion, your use of the Service may violate any laws, regulations, or rulings, infringe upon another person’s rights, or violate the terms of this Agreement.

9. User Generated Content.

9.1 User Content. We may offer you the opportunity to comment on and engage in discussions regarding our Content. Any content, information, graphics, audio, images, and links you submit as part of creating your profile or in connection with any of the foregoing activities are referred to as “User Generated Content” in this Agreement and are subject to various terms and conditions as set forth below.

9.2 Cautions Regarding Other Users and User Content. You understand and agree that User Content includes information, views, opinions, and recommendations of many individuals and organizations. Importantly, you are responsible for analyzing and verifying any information you intend to rely upon. We do not endorse any recommendation or opinion made by any user. We do not routinely screen, edit, or review User Content. You should also be aware that other users may use a Service for personal gain. As a result, please approach messages with appropriate skepticism. User Content may be misleading, deceptive, or in error.

9.3 Grant of Rights and Representations by You. If you upload, post, or submit any User Content on a Service, you represent to us that you have all the necessary legal rights to upload, post, or submit such User Content and that it will not violate any law or the rights of any person. You agree that upon uploading, posting, or submitting information on a Service, you grant us, and our respective affiliates and successors, a non-exclusive, transferable, worldwide, fully paid-up, royalty-free, perpetual, irrevocable, sub-licensable right and license to use, distribute, publicly perform, display, translate, adapt, reproduce, and create derivative works from your User Content in any and all media or technology, now known or later developed, in any manner, in whole or part, with or without attribution, without any duty to compensate you.

You waive all moral rights you may have in any User Content. You agree that we may modify or alter your User Content without seeking further permission from you. You also grant us the right to authorize the use of User Content, or any portion thereof, by Subscribers and other users in accordance with the terms and conditions of this Agreement, including the rights to feature your User Content specifically on a Service and to allow other Subscribers or users to request access to your User Content, such as for example through an RSS Feed. You agree that you are financially responsible for any claim against us arising from any User Content you create.

9.4 We may remove any User Content for any reason and without notice to you. This includes all materials related to your use of a Service or membership, including email accounts, postings, profiles, or other personalized information you have created while on the Service.

9.5 Rules of Conduct. All users must comply with any Community Rules.

9.6 Copyright Policy. It is our policy to respond to notices of alleged infringement that comply with the Digital Millennium Copyright Act. For more information about our policy, please see our Terms and Conditions

10. Third Party Web Sites, Services and Software. Your use of any third party websites, content, data, information, applications, goods, services, or materials (collectively, “Third Party Services”) does not constitute an endorsement by us, nor does it incur any obligation, responsibility, or liability on our part. We do not verify, endorse, or have any responsibility for Third Party Services and any third party business practices (including, without limitation, their privacy policies), whether the Service or our logo and/or sponsorship identification is on the Third Party Services as part of a co-branding or promotional arrangement or otherwise. Accordingly, we encourage you to be aware when you leave a Service and to read the terms and conditions and privacy policy of each Third Party Service you use.

11. DISCLAIMERS OF WARRANTIES AND LIMITATIONS ON LIABILITY. YOU AGREE THAT YOUR ACCESS TO, AND USE OF, A SERVICE AND THE CONTENT, TOOLS, MEMBER BENEFITS, AND PRIZES, IF ANY, AVAILABLE THROUGH THE SERVICE IS ON AN “AS-IS”, “AS AVAILABLE” BASIS, AND WE SPECIFICALLY DISCLAIM ANY REPRESENTATIONS OR WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, ANY REPRESENTATIONS OR WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. ENO CENTER FOR TRANSPORTATION AND ITS RESPECTIVE MEMBERS, DIRECTORS, OFFICERS, EMPLOYEES, ADVERTISERS, SUPPLIERS, CONTENT PROVIDERS, AND LICENSORS (“THE ENO PARTIES”) WILL NOT BE LIABLE (JOINTLY OR SEVERALLY) TO YOU OR ANY OTHER PERSON AS A RESULT OF YOUR ACCESS OR USE OF A SERVICE OR SUCH CONTENT, TOOLS, MEMBER BENEFITS, OR PRIZES FOR INDIRECT, CONSEQUENTIAL, SPECIAL, INCIDENTAL, PUNITIVE, OR EXEMPLARY DAMAGES, INCLUDING, WITHOUT LIMITATION, LOST PROFITS, LOST SAVINGS AND LOST REVENUES (COLLECTIVELY, THE “EXCLUDED DAMAGES”), WHETHER OR NOT CHARACTERIZED IN NEGLIGENCE, TORT, CONTRACT, OR OTHER THEORY OF LIABILITY, EVEN IF ANY OF THE ENO PARTIES HAVE BEEN ADVISED OF THE POSSIBILITY OF OR COULD HAVE FORESEEN ANY OF THE EXCLUDED DAMAGES, AND IRRESPECTIVE OF ANY FAILURE OF AN ESSENTIAL PURPOSE OF A LIMITED REMEDY. IF ANY APPLICABLE AUTHORITY HOLDS ANY PORTION OF THIS SECTION TO BE UNENFORCEABLE, THEN THE ENO PARTIES’ LIABILITY WILL BE LIMITED TO THE FULLEST POSSIBLE EXTENT PERMITTED BY APPLICABLE LAW.

11. Agreement to Arbitrate.

11.1 Except for statutory or common law claims related to intellectual property and disputes that qualify for small claims court, any controversy or claim arising out of or relating to this Agreement or any aspect of the relationship between us, whether based in contract, tort, statute, fraud, misrepresentation or any other legal theory, will be resolved by arbitration administered by the American Arbitration Association (“AAA”) in accordance with its Commercial Arbitration Rules and the Supplementary Procedures for Consumer Related Disputes. Judgment on the award rendered by the arbitrator may be entered in any federal or state court of competent jurisdiction located in Washington, DC. For more information about arbitration, the AAA, and the arbitration process, please consult the American Arbitration Association web site at adr.org. You agree that by entering into this Agreement, you and we are each waiving the right to trial by jury, except as otherwise stated above. Any arbitration under this Agreement will take place on an individual basis; class arbitrations and class actions are not permitted and, by entering into this Agreement, you are giving up the ability to participate in a class action. All issues are for the arbitrator to decide, except the issues relating to the scope, application, and enforceability of the arbitration provision that are for the court to decide. As stated in Section 12 below, DC law applies to any arbitration under this section, but the parties acknowledge that the Federal Arbitration Act governs the interpretation and enforcement of this provision. This agreement to arbitrate shall survive termination of this Agreement. This arbitration agreement does not preclude you from bringing issues to the attention of federal, state, or local agencies, and, if the law allows, they can seek relief against us for you.

11.2 Unless you and we agree otherwise, the arbitration will take place in Washington, DC. You and we may agree that the arbitration shall be carried out based only on documents submitted to the arbitrator, or by a hearing in person, or by phone.

11.3 The arbitrator may award money or equitable relief in favor of only the individual party seeking relief and only to the extent necessary to provide relief warranted by that party’s individual claim. To reduce the time and expense of the arbitration, the arbitrator will not provide a statement of reasons for his or her award unless requested to do so by both parties. Unless both you and we agree otherwise, the arbitrator may not consolidate more than one person’s claims and may not otherwise preside over any form of a representative or class proceeding.

12. General. This Agreement contains the final and entire agreement between us regarding your use of any Service and supersedes all previous and contemporaneous oral or written agreements regarding your use of the Service. We may discontinue or change any Service or its availability to you, at any time. This Agreement is personal to you, which means that you may not assign your rights or obligations under this Agreement to anyone. No third party is a beneficiary of this Agreement. You agree that this Agreement, as well as any and all claims arising from this Agreement will be governed by and construed in accordance with the laws of Washington, DC, without regard to any conflict or choice of law principles. For all litigation which may be brought, subject to the requirements for arbitration hereunder, with respect to any controversy or claim, arising out of or relating to this Agreement or any relationship between us, the sole jurisdiction and venue for such litigation will be an appropriate federal or state court located in Washington, DC. Our failure to enforce any provision of this Agreement or to respond to a breach of this Agreement by you or other parties shall not in any way waive our rights to subsequently enforce any term or condition of this Agreement.

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UPDATED ON August 17, 2016

© 2016 Eno Center for Transportation