VRE MOBILE TICKETING TERMS AND CONDITIONS
January 10th, 2021
These terms and conditions ("Service Terms") govern your ("you" or "your") access to, and use of, the mobile ticketing services ("Services") provided by the Virginia Railway Express of Virginia ("VRE"), including, without limitation, any software applications loaded onto mobile devices. These Service Terms do not alter in any way the terms of any written agreement signed by you and VRE. If you are using the Services on behalf of any entity, you represent and warrant that you are authorized to accept these Service Terms on such entity's behalf and the term "you" shall refer to you personally and such entity.
VRE reserves the right to change or modify these Service Terms at any time and in its sole discretion, upon ten (10) days notice by email. If you do not accept such modified terms, you must provide VRE email notice of termination within such ten (10) day period or be bound by such modified terms.
If you have any questions regarding the use of the Services, please refer first to the support section of the Site. All other questions or comments about the Services or its contents should be directed to gotrains@VRE.org.
You agree to comply with, and to ensure compliance with, all laws, ordinances and regulations applicable to your activities in using the Services.
You certify that you are at least 13 years of age.
1. Registration.
If you wish to utilize the Services, you will be required to register by providing information about yourself and, if you are registering on behalf of an entity, information about that entity (such as identification, and contact details). You agree that any such information you provide is accurate, complete and updated. Failure to do so constitutes a breach to these Service Terms and may result in a termination of your account and access to the Services. You are responsible for maintaining the security and confidentiality of your account password. You are also solely responsible for all activities that occur through your User ID and password. You agree not to access or use, or attempt to access or use, the Services or any part thereof using the identity or the Registration Data of any person other than yourself. You agree to immediately notify VRE of any unauthorized use of your User ID or password. From time to time, you may be asked to confirm your account via an email message. If such account is not reconfirmed, the account may be deleted by VRE. Once your account has been deleted, your information may remain on the Services, or be removed by VRE. Please read our Privacy Policy, which describes the personally identifiable information we collect, use, disclose, manage and store.
2. Methods of Payment.
VRE accepts the following methods of payment for ticket purchases: MasterCard, Visa, American Express and debit via online banking. All ticket prices are stated in U.S. Dollars.
3. Pricing, Availability; Purchase Confirmation; Refunds.
If you do not receive (i) a message containing your ticket, and (ii) a confirmation number for your ticket order (in the form of a confirmation page or purchase receipt) after submitting payment information, or if you experience an error message or service interruption after submitting payment information, it is your responsibility as the customer to confirm with VREs customer service department whether or not your order has been placed. Only you may be aware of any problems that may occur during the purchase process. VRE will not be responsible for losses (monetary or otherwise) if you fail to receive the tickets and/or an order confirmation and such failure is not caused by the Services.
4. Violations of VRE Code/Law; No Redemption Value.
Use of the VRE Transit System is subject to the VRE Code and applicable law. VRE reserves the right, without refund of any amount paid, to prosecute and to impose any penalties allowed by the VRE Code or law, including but not limited to exclusion and citation, upon any person whose conduct violates the VRE Code or applicable law while on the VRE. You are solely responsible at all times for the proper functioning of your mobile phone. A ticket is not redeemable for cash.
5. Code of Conduct.
In connection with your use of the Services, you agree that you will not:
- Restrict or inhibit any other visitor or user from using the Services, including, without limitation, by means of "hacking" or defacing any portion of the Services;
- Use the Services or the Materials (as defined below) for any unlawful purpose;
- Transmit any software or other materials that contain any viruses, worms, Trojan horses, defects, date bombs, time bombs or other items of a destructive nature;
- Modify, adapt, sub-license, translate, sell, reverse engineer, decompile or disassemble any portion of the Services or otherwise attempt to derive any source code or underlying ideas or algorithms of any part of the Services;
- Remove any copyright, trademark or other proprietary rights notices contained on the Services;
- "Frame" or "mirror" any part of the Services;
- Use any robot, spider, offline reader, site search/retrieval application or other manual or automatic device or process to retrieve, index, data mine or in any way reproduce or circumvent the navigational structure or presentation of the Services or its contents without our prior written consent; or
- Take any action that imposes or may impose (in VRE’s sole discretion) an unreasonable or disproportionately large load on our (or our third party providers) infrastructure.
6. Ownership and Restrictions on Use.
The information and materials provided on or through the Services, including any data, text, designs, graphics, images, photographs, illustrations, audio and video clips, logos, icons and links (collectively, the "Materials") are owned exclusively by VRE or its licensors, and are intended to educate and inform you about the products and services offered or described on the Services. Subject to your compliance with these Service Terms, you may download one (1) copy of any Materials displayed on the Services, and you may use such downloaded Materials solely for your personal, non-commercial use (you may not resell the Services), provided that you retain all copyright and other proprietary notices contained therein. VRE cannot guarantee that technical difficulties will not occur during the download of the Materials or that the Materials will download successfully. Subject to your compliance with these Service Terms, we grant you a limited license to use the Services and Materials; provided that you may not use, reproduce, modify, display, publicly perform, distribute, create derivative works of or circumvent any technological measure that effectively controls access to the Services and/or Materials in any way including, without limitation, by manual or automatic device or process, for any purpose. Use of the Services and Materials for any purpose other than as expressly authorized in these Service Terms is a violation of our copyrights and other proprietary rights, and is strictly prohibited.
The Services, including all software, databases, proprietary information and Materials (and any intellectual property and other rights relating thereto) including, without limitation, the selection, sequence and "look and feel" and arrangement of items, is owned and operated by VRE and its licensors and will remain the property of VRE and its licensors. The Services are protected by U.S. and international copyright, trademark and other laws, and you acknowledge that these rights are valid and enforceable. You further acknowledge that you do not acquire any ownership rights by using the Services or the Materials.
The trademarks, logos, and service marks displayed on the Services (collectively the "Trademarks") are the registered and unregistered trademarks of VRE and American Eagle, and their licensors and suppliers, and others. The Trademarks, whether registered or unregistered, may not be used in connection with any product or service that is not offered by VRE, in any manner that is likely to cause confusion with customers, or in any manner that disparages VRE. Nothing contained on the Services should be construed as granting, by implication, estoppel or otherwise, any license or right to use any Trademark without the express written permission of VRE, VRE’s licensors or suppliers, or the third-party owner of any such Trademark. Misuse of any Trademarks is prohibited, and VRE will aggressively enforce its intellectual property rights in such Trademarks, including via civil and criminal proceedings.
7. Making Purchases.
If you wish to purchase products or services described (each such purchase, a "Transaction"), you will be asked to supply certain information applicable to your Transaction, including, without limitation, credit card and other information. You understand that any such information will be treated by VRE in the manner described in our Privacy Policy. You agree that all information that you provide in connection with your purchase will be accurate, current and complete. You agree to pay all charges incurred by you or any users of your account and credit card (or other applicable payment mechanism) at the price(s) in effect when such charges are incurred. You will also be responsible for paying any applicable taxes relating to your purchases. The sale or purchase of tickets may be regulated by certain state, county and city laws or regulations. You acknowledge that complying with laws is your responsibility. WE WILL COMPLY WITH LAW ENFORCEMENT OFFICIALS AND MAY PROVIDE THEM WITH ALL INFORMATION YOU SUBMIT TO US TO ASSIST IN ANY INVESTIGATION OR PROSECUTION THEY MAY CONDUCT. You represent and warrant that all information you provide, including but not limited to all information concerning your name, address, credit card number, and other identifying information of any nature will be true, complete and correct, and that you will update all information as it changes. You grant VRE the right to provide any information you submit to third parties for purposes of facilitating the completion of Transactions initiated by you or on your behalf. Verification of information may be required prior to the acknowledgment or completion of any Transaction.
8. Information Provided by VRE.
Although VRE strives to provide Materials that are both useful and accurate, the nature of the data and other information contained on the Services is subject to frequent change. In addition, the facts and circumstances of every situation differ. Accordingly, although VRE endeavors to use reasonable care in assembling the Materials, the Materials may not be up-to-date, accurate or complete.
9. Consent to Receive Emails and Notice.
As long as you maintain an account, you may not "opt out" of receiving account-related emails from VRE. The parties hereto may give legal notice by means of electronic mail, which electronic mail shall be considered delivered when sent. The notice address of VRE shall be gotrains@VRE.org (or such other address as is provided by VRE to you) via email at your Notice address and your address for the receipt of notices pursuant to this Agreement shall be the current email address listed by you in your account profile. You also agree, unless you opt out, to receive marketing emails related to the Services.
10. Linking and Hyperlinking.
You are granted a limited, non-exclusive right to create a text hyperlink to the Services, provided such link does not portray VRE, any of its products and services, in a false, misleading, or otherwise defamatory manner and provided further that the linking site does not contain any illegal material. This limited right may be revoked at any time. You may not use a VRE logo or other proprietary graphic to link to the Services without the express written permission of VRE. Further, you may not use, frame or utilize framing techniques to enclose any VRE trademark, logo or other proprietary information, including the images found on the Services, the content of any text or the layout/design of any page or form contained on a page on the Services without VRE express written consent. Except as noted above, you are not conveyed any right or license by implication, estoppel or otherwise in or under any patent, trademark, copyright or proprietary right of VRE or any third party.
11. Links and Third Party Content.
VRE may provide links to Web pages and content of third parties as a service to those interested in such links and content, and VRE may post third party content or allow users to post their content. VRE does not have resources to constantly monitor or have ultimate control over any Third Party Content or third party websites. VRE does not endorse or adopt any Third Party Content or third party websites and can make no guarantee as to its accuracy or completeness. VRE does not represent or warrant the accuracy of any information contained therein and undertakes no responsibility to update or review any Third Party Content or third party Websites. Users use these links, Third Party Content and third party Websites at their own risk. When you leave the Services, you should be aware that our terms and policies no longer govern. You should review the applicable terms and policies, including privacy and data gathering practices, of any service to which you navigate from the Services.
12. Third Party Goods and/or Services.
The Services may also provide information regarding or link to certain applications and goods and/or services provided or offered by third parties (collectively the "Third-Party Goods and Services"). VRE is merely an information provider and is not a referral service, and it does not recommend or endorse any such Third-Party Services or monitor or have any control over such Third Party Goods and/or Services. Therefore, VRE makes no guarantee, representation or warranty of any kinds as to the quality, competency, value, reliability, responsiveness, accuracy or completeness of any such Third-Party Services or the results obtained therefrom, and VRE assumes no responsibility or liability for any Third Party Goods and/or Services or for the actions or failure to act of those providing such Third-Party Services. You assume full responsibility for your use of any such Third-Party Services, and VRE is not responsible or liable for any Third-Party Services. In the event of a dispute between any consumer and vendor, the parties will work out the dispute themselves.
13. Advertisements and Promotions.
VRE may run advertisements and promotions from third parties on the Services. Your business dealings or correspondence with, or participation in promotions of, advertisers other than VRE, and any terms, conditions, warranties or representations associated with such dealings, are solely between you and such third party. VRE is not responsible or liable for any loss or damage of any sort incurred as the result of any such dealings or as the result of the presence of such third party advertisers on the Services.
14. Termination.
These Service Terms shall remain effective until terminated in accordance with its terms. We reserve the right to immediately terminate these Service Terms, and/or your access to and use of the Services or any portion thereof, at any time and for any reason, with or without cause. Upon termination of these Service Terms, your right to use the Services shall immediately cease, and you shall destroy all Materials obtained from the Services and all copies thereof, whether made under these Service Terms or otherwise. You agree that any termination of your access to or use of the Services may be effected without prior notice, and that VRE may immediately deactivate or delete your password and user name, and all related information and files associated with it, and/or bar any further access to such information or files. You agree that VRE shall not be liable to you or any third party for any termination of your access to the Services or to any such information or files, and shall not be required to make such information or files available to you after any such termination.
Violations of these Service Terms, including unauthorized use of the Services, may be investigated and appropriate legal action may be taken, including without limitation civil, criminal and injunctive redress. You agree that monetary damages may not provide a sufficient remedy to VRE for violations of these Service Terms and you consent to injunctive or other equitable relief for such violations.
VRE is not required to provide any refund to you if it exercises any of its rights or remedies because you have violated these Service Terms or any of VRE’s rights. Additionally, we reserve the right, in our sole discretion, to modify, suspend or discontinue any part of this the Services at any time, with or without notice to you. We also reserve the right, in our sole discretion, to impose limits on certain features and services and to restrict access to any part or to all of the Services without notice to you. We shall not be liable to you or any third party for any claim or cause of action arising out of our exercise of the foregoing rights.
15. WARRANTY DISCLAIMER.
THE SERVICES, THE MATERIALS ON THE SERVICES, AND ANY PRODUCT OR SERVICE OBTAINED THROUGH THE SERVICES IS PROVIDED "AS IS" AND WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. TO THE FULLEST EXTENT PERMISSIBLE PURSUANT TO APPLICABLE LAW, VRE AND ITS LICENSORS AND CLIENTS DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, WITH RESPECT TO THE SERVICES, THE MATERIALS, AND ANY PRODUCT OR SERVICE OBTAINED THROUGH THE SERVICES, INCLUDING, WITHOUT LIMITATION, IMPLIED WARRANTIES OF TITLE, NON-INFRINGEMENT, ACCURACY, MERCHANTABILITY, AND FITNESS FOR A PARTICULAR PURPOSE, AND ANY WARRANTIES THAT MAY ARISE FROM COURSE OF DEALING, COURSE OF PERFORMANCE OR USAGE OF TRADE. Applicable law may not allow the exclusion of implied warranties, so the above exclusions may not apply to you. NEITHER VRE NOR ITS LICENSORS OR CLIENTS WARRANT THAT YOUR USE OF THE SERVICES WILL BE UNINTERRUPTED, ERROR-FREE OR SECURE, THAT DEFECTS WILL BE CORRECTED, OR THAT THE SERVICES, THE SERVER(S) ON WHICH THE SERVICES ARE HOSTED IS FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. YOU ACKNOWLEDGE THAT YOU ARE RESPONSIBLE FOR OBTAINING AND MAINTAINING ALL TELEPHONE, COMPUTER HARDWARE AND OTHER EQUIPMENT NEEDED TO ACCESS AND USE THE SERVICES, AND ALL CHARGES RELATED THERETO. YOU ASSUME ALL RESPONSIBILITY AND RISK FOR YOUR USE OF THE SERVICES AND YOUR RELIANCE THEREON. NO OPINION, ADVICE OR STATEMENT OF VRE, WHETHER MADE ON THE SERVICES OR OTHERWISE, SHALL CREATE ANY WARRANTY. VRE DOES NOT WARRANT, ENDORSE, GUARANTEE, OR ASSUME RESPONSIBILITY FOR ANY PRODUCT OR SERVICE ADVERTISED OR OFFERED BY A THIRD PARTY THROUGH THE SERVICES OR ANY HYPERLINKED SITE, OR FEATURED IN ANY BANNER OR OTHER ADVERTISING, AND VRE WILL NOT BE A PARTY TO OR IN ANY WAY MONITOR ANY TRANSACTION BETWEEN YOU AND THIRD-PARTY PROVIDERS OF PRODUCTS OR SERVICES. AS WITH THE PURCHASE OF A PRODUCT OR SERVICE THROUGH ANY MEDIUM OR IN ANY ENVIRONMENT, YOU SHOULD USE YOUR BEST JUDGMENT AND EXERCISE CAUTION WHERE APPROPRIATE. YOUR USE OF THE SERVICES AND ANY MATERIALS PROVIDED THROUGH THE SERVICES ARE ENTIRELY AT YOUR OWN RISK. YOU ACKNOWLEDGE AND AGREE THAT NEITHER VRE NOR ITS LICENSORS OR CLIENTS IS RESPONSIBLE FOR ANY CONTACT OR INTERACTION BETWEEN YOU AND ANY OTHER USER OF THE SERVICES AND THAT YOU BEAR THE SOLE RISK OF TRANSMITTING THROUGH THE SERVICES ANY CONTENT, INCLUDING INFORMATION WHICH IDENTIFIES YOU OR YOUR LOCATION.
16. Limitation of Liability.
NEITHER VRE NOR ANY OF OUR AFFILIATES, LICENSORS, CLIENTS, SUPPLIERS, ADVERTISERS OR SPONSORS, NOR OUR OR THEIR DIRECTORS, OFFICERS, EMPLOYEES, CONSULTANTS, AGENTS OR OTHER REPRESENTATIVES ("VRE RELEASEES"), ARE OR WILL BE RESPONSIBLE OR LIABLE TO YOU OR TO ANY THIRD PARTY FOR ANY INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, EXEMPLARY, PUNITIVE OR OTHER DAMAGES (INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF BUSINESS, LOSS OF DATA OR LOST PROFITS), UNDER ANY CONTRACT, NEGLIGENCE, STRICT LIABILITY OR OTHER THEORY ARISING OUT OF OR RELATING IN ANY WAY TO THE SERVICES AND/OR MATERIALS CONTAINED ON THE SERVICES, ANY LINKED SITE OR ANY PRODUCT OR SERVICE PURCHASED THROUGH THE SERVICES. WITHOUT LIMITING THE FOREGOING, YOU EXPRESSLY ACKNOWLEDGE AND AGREE THAT THE VRE RELEASEES SHALL HAVE NO LIABILITY OR RESPONSIBILITY WHATSOEVER FOR (I) PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER, WHETHER ARISING IN CONTRACT OR IN TORT, RESULTING FROM YOUR ACCESS TO AND USE OF OUR SITE, INCLUDING ANY CLAIM, CAUSE OF ACTION, OBLIGATION, LIABILITY, RIGHT, OR REMEDY WHETHER OR NOT ARISING FROM THE NEGLIGENCE OF VRE OR ITS RELEASEES, (II) ANY UNAUTHORIZED ACCESS TO OR USE OF OUR SECURE SERVERS AND/OR ANY AND ALL PERSONAL INFORMATION AND/OR FINANCIAL INFORMATION STORED THEREIN, (III) ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM OUR SITE, (IV) ANY BUGS, VIRUSES, WORMS, TROJAN HORSES, DEFECTS, DATE BOMBS, TIME BOMBS OR OTHER ITEMS OF A DESTRUCTIVE NATURE WHICH MAY BE TRANSMITTED TO OR THROUGH OUR SITE BY ANY THIRD PARTY, (V) ANY ERRORS, MISTAKES, INACCURACIES OR OMISSIONS IN ANY MATERIALS, OR FOR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF THE USE OF ANY MATERIALS POSTED, EMAILED, TRANSMITTED OR OTHERWISE MADE AVAILABLE VIA THE SERVICES, AND/OR (VI) THE FAILURE OF A TRANSIT SYSTEM TO HONOR A TICKET. YOUR SOLE AND EXCLUSIVE REMEDY FOR DISSATISFACTION WITH THE SERVICES OR MATERIALS OR ANY LINKED SITE IS TO STOP USING THE SERVICES, MATERIALS, OR LINKED SITE, AS APPLICABLE. THE MAXIMUM LIABILITY OF VRE AND ITS LICENSORS, AND YOUR SOLE AND EXCLUSIVE REMEDY, FOR ALL DAMAGES, LOSSES SUFFERED BY YOU AND CAUSES OF ACTION, WHETHER IN CONTRACT, TORT (INCLUDING, WITHOUT LIMITATION, NEGLIGENCE) OR OTHERWISE, SHALL BE ONE HUNDRED DOLLARS ($100.00).
17. Indemnification.
You agree to indemnify, defend and hold VRE, its affiliates, licensors, clients, suppliers, advertisers and sponsors, contractors and their respective directors, officers, employees, consultants, agents and other representatives, harmless from and against any and all claims, damages, losses, costs (including reasonable attorney’s fees) and other expenses that arise directly or indirectly out of or from (a) your breach of these Service Terms; (b) any allegation that any materials you submit to us or transmit to the Services infringe or otherwise violate the copyright, trademark, trade secret or other intellectual property or other rights of any third party; and/or (c) your activities in connection with the Services.
18. Privacy.
We believe that your privacy and the privacy of all our users is important. These Service Terms are subject to the Privacy Policy, which is hereby incorporated by reference.
19. Interstate Nature of Communications.
You acknowledge that in using VRE Services you will be causing communications to be sent through interstate telecommunications networks, which are governed by federal law pursuant to the interstate commerce clause of the US Constitution. Even communications that seem to be intrastate in nature can result in the transmission of interstate communications regardless of where you are physically located at the time of transmission. You acknowledge that use of the Services results in interstate data transmissions.
20. Assignment; Change in Control.
This Agreement may not be assigned by you without the prior written approval of VRE but may be assigned without your consent by VRE to (i) a parent or subsidiary, (ii) an acquirer of assets, or (iii) a successor by merger. Any attempt at improper assignment shall be void.
21. Severability.
If any of these Service Terms or the Terms and Conditions should be determined to be invalid, illegal or unenforceable for any reason by any court of competent jurisdiction then such term shall be enforced only to the extent it is enforceable and the remaining terms shall survive and remain in full force and effect and continue to be binding and enforceable.
22. Waiver.
No waiver of any term, provision or condition of this Agreement, whether by conduct or otherwise, in any one or more instances, shall be deemed to be, or shall constitute, a waiver of any other term, provision or condition hereof, whether or not similar, nor shall such waiver constitute a continuing waiver of any such term, provision or condition hereof. No waiver shall be binding unless executed in writing by the party making the waiver.
23. Force Majeure.
If the performance of the Services or any part of this Agreement by either party is prevented, hindered, delayed or otherwise made impracticable by reason of any flood, riot, fire, judicial or governmental action, labor disputes, act of God or any other causes beyond the control of either party, that party shall be excused from such to the extent that it is prevented, hindered or delayed by such causes.
24. Miscellaneous.
These Service Terms constitute the entire agreement between you and VRE and supersede any prior written or oral agreement with regard to the Services. Any and all claims, causes of action or disputes (regardless of theory) between you and VRE arising out of or related to the Service Terms, the Services or content accessed through the Services shall be governed by the laws of the State of Virginia without regard to conflict or choice of law principles. You and VRE agree that any such claims, causes of action or disputes shall be brought exclusively in courts located within Virginia, and you and VRE agree to submit to the personal and exclusive jurisdiction of such courts. You further agree that, regardless of any statute or law to the contrary, you must file any such claim or cause of action within one year after such claim or cause of action arose or be forever barred.
25. Questions.
If you have any questions, comments or complaints regarding these Service Terms or the Services, feel free to contact us at: gotrains@VRE.org.