READ THESE TERMS OF USE CAREFULLY BEFORE USING THIS SITE.

 

Welcome to the Birmingham Jefferson-County Transit Authority/MAX Transit (“BJCTA/MAX TRANSIT”) website (the “Site”). This Site is owned or controlled by BJCTA/MAX TRANSIT and may be administered and/or maintained by third parties (“Administrators”) from time to time on BJCTA/MAX TRANSIT’s behalf. By accessing this Site in any way, including without limitation, browsing this Site, using any information, and/or submitting information to BJCTA/MAX TRANSIT, you agree to and are bound by the terms, conditions, policies, and notices contained on this page (the “Terms”). We may periodically change the Terms without notice, so please check them from time to time because your continued use of the Site signifies your acceptance of the Terms, including changed items.

 

Linking policy-not a public forum

 

The Site is intended for BJCTA/MAX TRANSIT to provide information relating to BJCTA/MAX TRANSIT services, programs, objectives, missions and projects to the public and its customers. The Site is not a forum for public communication and debate. All decisions as to the placement of links to external sites or pages from the Site will be made by BJCTA/MAX TRANSIT in its sole discretion. Links are provided as a service to users and are not sponsored by or affiliated with this Site or BJCTA/MAX TRANSIT, and BJCTA/MAX TRANSIT makes no representations or warranties about the content, completeness, or accuracy of those third party sites. Information you submit at a third party site accessible from this Site is subject to the terms and conditions of that site’s privacy policy, and BJCTA/MAX TRANSIT has no control over how your information is collected, used, or otherwise handled.

 

User conduct and content

 

BJCTA/MAX TRANSIT welcomes your comments about its services. By posting information in or otherwise using any blog, comment area, or other interactive service, that may be available to you on or through this Site, you agree that you will not upload, post, or otherwise distribute or facilitate distribution of any content that: is unlawful, threatening, abusive, harassing, defamatory, deceptive, fraudulent, invasive of another’s privacy, discriminatory, sexually oriented or tortious; infringes on any patent, trademark, trade secret, copyright, right of publicity, or other proprietary right of any party; constitutes unauthorized or unsolicited advertising, junk or bulk e-mail, or any form of gambling; constitutes the selling or trading of any merchandise; constitutes the soliciting for advertisers/sponsors; contains software viruses or any other computer code, files, or programs that are designed or intended to disrupt, damage, or limit the functioning of any software, hardware, or telecommunications equipment or to damage or obtain unauthorized access to any data or other information of any third party; or impersonates any person or entity.

 

BJCTA/MAX TRANSIT reserves the right at its sole discretion to remove any content that, in its judgment, does not comply with the foregoing or is otherwise harmful, objectionable, or inaccurate. BJCTA/MAX TRANSIT is not responsible for any failure or delay in removing such content.

 

By displaying, publishing, or otherwise posting any user content on or through the Site, you hereby grant to BJCTA/MAX TRANSIT a non-exclusive, sub-licensable, worldwide, fully-paid, royalty free license to use, modify, publicly perform, publicly display, reproduce, and distribute such user content in any and all media now known or hereinafter developed without the requirement to make payment to you or to any third party or the need to seek any third party permission. This license includes the right to host, index, cache, distribute, and tag any user content, as well as the right to sublicense user content to third parties, including other users, for user on other media or platforms known or hereinafter developed. You continue to retain all ownership rights in your user content, and you continue to have the right to use your user content in any way you choose, subject to these Terms and the license described herein. You represent and warrant that you own the content submitted, displayed, published or posted by you on the Site and otherwise have the right to grant the license set forth herein, and the displaying, publishing or posting of any content you submit, and BJCTA/MAX TRANSIT’s use thereof does not and will not violate the privacy rights, publicity rights, copyrights, trademark rights, patents, contract rights or any other intellectual property rights or other rights of any person or entity.

 

No guaranteed availability

 

The content on the pages of this Site is for your general information and use only. BJCTA/MAX TRANSIT reserves the right at any time and from time to time to modify or discontinue the Site (or any part thereof), temporarily or permanently, with or without notice. You agree that BJCTA/MAX TRANSIT will not be liable for any modification, suspension or discontinuance of the Site.

 

Accounts

 

If a particular feature or service offered on the Site requires you to open an account, you must complete the specified registration process by providing BJCTA/MAX TRANSIT with current, complete, and accurate information as requested by the applicable online registration form. It is your responsibility to maintain the currency, completeness, and accuracy of your registration data and any loss caused by your failure to do so is your responsibility. After you have fully completed the registration form, you may be asked to choose a password and a user name. It is entirely your responsibility to maintain the confidentiality of your password and account. Additionally, you are entirely responsible for any and all activities that occur under your account. You agree to notify BJCTA/MAX TRANSIT immediately of any unauthorized use of your account. You further agree not to email, post, or otherwise disseminate any user, ID, password, or other information that provides you access to the Site. BJCTA/MAX TRANSIT is not liable for any loss that you may incur as a result of someone else using your password or account, either with or without your knowledge. You further understand and agree that you have no ownership rights to any account you may have with BJCTA/MAX TRANSIT or other access to the Site or features therein. BJCTA/MAX TRANSIT may cancel your account and delete all User content associated with your account at any time and without notice, if BJCTA/MAX TRANSIT deems that you have violated these terms, the law, or for any other reason. BJCTA/MAX TRANSIT assumes no liability for any information removed from its Site and reserves the right to permanently restrict access to the Site or a user account.

 

Restrictions on use


All materials published on the Site, including, but not limited to, trademarks, service marks, maps, schedules, arrival information, fare information, photographs and illustrations (collectively, the “Content”), is the property of BJCTA/MAX TRANSIT unless otherwise indicated. Third-party trademarks are the property of their respective owners. You may use the Content displayed on the Site for personal, non-commercial use only, provided that you do not remove any trademarks, copyright or any other notice contained in such content. The use of BJCTA/MAX TRANSIT’s data by developers is governed by separate Terms of Use located at http://developer.rideBJCTA/MAX Transit.com/TermsOfUse.aspx. Any other use, including reproduction, modification, distribution, transmission, republication, display or performance, is strictly prohibited without the express written consent of BJCTA/MAX TRANSIT.

 

Copyrights and trademarks

 

All Content of this Site is the property of BJCTA/MAX TRANSIT or its content suppliers, and is protected by United States and international copyright laws. The compilation of the Content on this Site is the exclusive property of BJCTA/MAX TRANSIT, and is likewise protected by U.S. and international copyright laws. All trademarks, service marks and trade names (“Trademarks”) of BJCTA/MAX TRANSIT used herein (including, but not limited to, BJCTA/MAX TRANSIT, logos are trademarks or registered trademarks of BJCTA/MAX TRANSIT and may not be used in any manner that is likely to cause confusion, or in any manner that disparages or discredits BJCTA/MAX TRANSIT. The BJCTA/MAX TRANSIT trademarks may not be used in connection with the products or services of others, except for the use of a text link or a BJCTA/MAX TRANSIT web logo to link to this Site, in accordance with these Terms and BJCTA/MAX TRANSIT’s linking policy. All other trademarks not owned by BJCTA/MAX TRANSIT that appear on this Site are the property of their respective owners.

 

Privacy

 

For an explanation of BJCTA/MAX TRANSIT’s practices and policies related to the collection, use and storage of information about your visit to this Site, please refer to the Privacy Policy contained on this Site. The Privacy Policy applies to information you submit on this Site, and you hereby agree to the terms of that Policy.
Disclaimer of warranties and limitation of liability
BJCTA/MAX TRANSIT does not warrant that the Site will be available at any given time, secure, accurate, free of error, or free of viruses or other contamination. You use the Site at your own risk, and you assume the risk that the Site may provide incorrect information to you or your workers, as well as the risk that any material downloaded by you from the Site may cause loss of data or damage to your computer system. BJCTA/MAX TRANSIT is not responsible or liable for any viruses or other contamination of your system or for any delays, inaccuracies, errors or omissions arising out of your use of the site or with respect to the material contained on the site.

 

YOU AGREE THAT THE SERVICE IS PROVIDED TO YOU AS IS AND AS AVAILABLE WITHOUT ANY WARRANTY OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, ACCURACY AND NON-INFRINGEMENT. YOU UNDERSTAND AND AGREE THAT IN NO EVENT WILL BJCTA/MAX TRANSIT OR ANY ADMINISTRATOR BE LIABLE FOR ANY DIRECT OR INDIRECT DAMAGES, EVEN IF BJCTA/MAX TRANSIT IS AWARE OF THE POSSIBILITY OF SUCH DAMAGES, INCLUDING WITHOUT LIMITATION LOSS OF PROFITS OR FOR ANY OTHER SPECIAL, CONSEQUENTIAL, EXEMPLARY OR INCIDENTAL DAMAGES, HOWEVER CAUSED, WHETHER BASED UPON CONTRACT, NEGLIGENCE, STRICT LIABILITY IN TORT, WARRANTY, OR ANY OTHER LEGAL THEORY, ARISING OUT OF OR RELATED TO YOUR USE OF THE SITE. THE PARTIES INTEND THAT THIS LIMITATION SHOULD APPLY EVEN IF IT CAUSES ANY WARRANTY TO FAIL OF ITS ESSENTIAL PURPOSE. NOR SHALL BJCTA/MAX TRANSIT BE RESPONSIBLE FOR ANY DAMAGES WHATSOEVER THAT RESULT FROM INACCURACIES, MISTAKES, OMISSIONS, INTERRUPTIONS, DELETION OF FILES, ERRORS, OMISSIONS, DEFECTS, DELAYS IN OPERATION OR TRANSMISSION, OR ANY FAILURE OF PERFORMANCE WHETHER OR NOT CAUSED BY EVENTS BEYOND BJCTA/MAX TRANSIT’S REASONABLE CONTROL, INCLUDING BUT NOT LIMITED TO ACTS OF GOD, COMMUNICATIONS LINE FAILURE, THEFT, DESTRUCTION, OR UNAUTHORIZED ACCESS TO THIS SITE’S RECORDS, PROGRAMS, OR SERVICES.

 

Indemnity

 

You agree to indemnify, defend and hold harmless BJCTA/MAX TRANSIT and its officers, trustees, directors, and employees from and against all fines, suits, proceedings, claims, causes of action, demands, or liabilities of any kind or of any nature arising out of or in connection with your use of the Site.

 

Severability and waiver

 

The invalidity of any term or provision of these Terms will not affect the validity of any other provision. Waiver by BJCTA/MAX TRANSIT of strict performances of any provision of these Terms will not be a waiver of or prejudice BJCTA/MAX TRANSIT’s right to require strict performance of the same provision in the future or of any other provision of these Terms.

 

Entire agreement

 

These Terms constitute the entire agreement between the parties as to their subject matter, and there are no other terms, conditions or obligations between the parties relating to the use of the Site, other than those contained in these Terms.

 

Jurisdiction

 

Your use of this Site and any dispute arising out of such use of the Site is subject to the laws of the United States of America. User consents to the exclusive jurisdiction and venue of courts in Jefferson County, BJCTA/MAX Transit in all disputes arising out of or relating to the use of this Site. These Terms operate to the fullest extent of the law.

 

Privacy Policy

 

This Privacy Policy applies to our site, rideBJCTA/MAX Transit.com, and apps.
Thank you for visiting the BJCTA/MAX TRANSIT website maxtransit.org (the “Site”). The Site is owned by the BJCTA/MAX Transit (“BJCTA/MAX TRANSIT”). First Data and Authorize.net process financial transactions originating on this Site on behalf of BJCTA/MAX TRANSIT.
We respect your right to privacy and do not sell the information we gather to other organizations or governmental agencies. Our Privacy Policy explains our online data collection and use practices with respect to our online Site. It also applies to our mobile sites and apps. By accessing the Site, you are consenting to the information collection and use practices described in this Privacy Policy.

 

We collect information, which may include your name, physical address, email address, telephone number, credit card information, and bank account information, from and about you.
Information about your visit to this Site. We may gather information about your visit to this Site, such as the name of the Internet service provider and the Internet Protocol (IP) address through which you access the Internet; the type of browser and operating system used to visit the Site; the date and time you access the Site and which portions of the Site you visit; the pages that you access while at the Site and the Internet address of the Web site from which you linked directly to our Site. We might also gather information about what site you came from or what site you visit when you leave us. BJCTA/MAX TRANSIT does not use the information automatically collected to ascertain your personally identifiable information. This information is used to help improve the Site, analyze trends, and administer the Site.
Contact information. We may collect your name, street address, telephone number, organizational affiliation, or email address if you provide it to us by contacting BJCTA/MAX TRANSIT by email, registering for the Web Developer API Data, etc. BJCTA/MAX TRANSIT or its agents may contact you for marketing purposes if you agree to such contact.

 

Employment application information. If you fill out an application for employment, the information collected will be used by our human resources personnel to determine whether you qualify for the job. The information may also be shared with the manager of the hiring department.
Payment information. On behalf of BJCTA/MAX TRANSIT, First Data and Authorize.net process financial transactions originating on this Site and store data associated with those transactions. If you complete a financial transaction through this Site, Authorize.net and/or First Data collect and store your name, credit card number, credit card expiration date, and any other information necessary to process and track the transaction.
Demographic information. We may collect information like your gender and date of birth if you fill out a survey or apply for an aged-based discount. We may collect other information necessary to substantiate an application for a reduced fare product.
Trip and location data. We collect information about where you tap on and off in order to improve transit service.

 

We collect information in different ways.

 

We collect information directly from you. For example, we collect information from you if you sign up for a service. We also collect information if you fill out an online survey.
We collect information from you passively. We use tracking tools like browser cookies and Google Analytics to track non-specific user information such as operating systems, browsers, estimated connection types, etc. We also collect information from our mobile apps.
We get information about you from third parties, like social media platforms.
We use information as disclosed and described here.
We use information to respond to your requests or questions. For example, we might use your information to respond to your comments.
We use information to improve our products and services. We may use your information to make our Site and products better. We might use your information to customize your experience with us. We may combine information we get from you with information about you we get from third parties.
We use information for security purposes. We may use information to protect our company, our customers, and our Site.
We use information for marketing purposes. For example, we might send you information about new products and special offers. We might tell you about new features or updates. We may also use push notifications on our mobile apps.
We use information to communicate with you about your account or our relationship. We may contact you about products that you purchase. We might also contact you about this Policy or our Site’s Terms.
We use information as otherwise permitted by law.

 

We may share information with third parties.

 

We will share information with third parties who perform services on our behalf. For example, we share information with companies that operate our Site(s), provide data storage, and process financial transactions. Information in anonymous, aggregated form may be shared freely.

We will share information if we think we have to in order to comply with the law or to protect ourselves. For example, we will share information to respond to a court order or subpoena. We may share it if a government agency or investigatory body requests. We might share information when we are investigating potential fraud. Certain personal information is protected under BJCTA/MAX Transit’s Government Records Access and Management Act (“GRAMA”). However, users should be aware that BJCTA/MAX TRANSIT is a governmental entity and certain information provided to BJCTA/MAX TRANSIT may be subject to disclosure in accordance with

 

GRAMA.

 

We may share information for other reasons we may describe to you.

 

You have certain choices about sharing and marketing practices.

 

You can opt out of receiving our marketing emails. To stop receiving our promotional emails, follow the instructions in any promotional message you get from us. Even if you opt out of getting marketing messages, we will still send you transactional messages. These include responses to your questions or information about your account.

 

You can control cookies and tracking tools. Your browser may give you the ability to control cookies or other tracking tools. How you do so depends on the type of tool. Certain browsers can be set to reject browser cookies. You can also control flash cookies, which we may use on our Site from time to time. If you block cookies on your browser, certain features on our Sites may not work.
You can control tools on your mobile devices. For example, you can turn off the GPS locator or push notifications on your phone.

 

These Sites and children.

 

Our Sites and apps are meant for adults. We do not knowingly collect personally identifiable information from children under 13 without permission from a parent or guardian. If you are a parent or legal guardian and think your child under 13 has given us information, you can contact customer service at BJCTA/maxransit.com, Please mark your inquiries “COPPA Information Request.”

 

We use standard security measures.

 

The ordering pages at the Site that ask you for sensitive personally identifiable information are highly secure. BJCTA/MAX TRANSIT uses a standardized universal Internet encryption in connection with certain personally identifiable information collected on the Site. When you send information from your computer to our servers at the Site, it is encrypted so that the information is protected during its transmission. However, the Internet is not 100% secure. We cannot ensure that your use of our Site(s) will be completely safe. We encourage you to use caution when using the Internet. This includes not sharing your passwords.
We keep personal information as long as it is necessary or relevant for the practices described in this Policy. We also keep information as otherwise required by law.

 

We store information in the United States.

 

If you live outside of the United States, you understand and agree that we may transfer your information to the United States. This Site is subject to U.S. laws, which may not afford the same level of protection as those in your country.
We may link to other sites or have third party services on our Site we don’t control.
If you click on a link to a third party site, you will be taken to websites we do not control. This includes social media sites. This policy does not apply to the privacy practices of these websites. Read the privacy policy and the terms and conditions of other websites carefully. We are not responsible for these third party practices.
Feel free to contact us if you have more questions.
If you have any questions about this Policy, want to access the personal information we collect, or want to correct your personal information, please email us at BJCTA/MAX Transit. You can also write to us or call at:

 

BJCTA/MAX Transit

 

Attn: Customer Service (WHO WOULD WE CONTACT)
If you are deaf or hearing impaired and use either a teletypewriter (TTY) or computer equipment with TTY capability to place your telephone calls, dial 711 (Relay BJCTA/MAX Transit) then give If you want to call someone using TRS, use your TTY or dial 711 on your telephone, and you will automatically be connected to a TRS operator. If you’re a TRS user traveling out of state and want to make a call, there is no longer a need to learn the state’s TRS provider’s telephone number. Just dial 711. It’s fast, functional and free.
The 711 code is not just for use by person’s with disabilities. Both voice and TRS users can initiate a call from any telephone, anywhere in the United States, without having to remember and dial a seven or ten digit access number. For persons who have been using TRS for years, the convenience of dialing three digits is obvious.
711 dialing access does not work for Video Relay Service (VRS), Internet Protocol (IP) relay or IPCTS Relay calls, because such calls are initiated through the internet. Hearing persons initiating a VRS or IP Relay call may do so by calling a provider’s 800 number: IPCTS users just call their party directly, and a Communications Assistant (CA) is automatically connected to the call.

TTY Access Phone Numbers:

AT&T National Relay Service

All Users: 711

TTY Alabama User: 1-800-548-2546

 

We may update this Policy.

 

From time to time we may change our privacy policies to reflect changes in business practices. If this Privacy Policy changes materially so that we are going to use your personally identifiable information in a manner different from that stated at the time of collection, or if we make any material changes in our privacy practices that affect customer information already stored in our database, we will prominently post a notice on the main page and other pages to alert you about the change. Please check our Site periodically for updates.

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