CommuteOne.com - Carpools.com - All of Your Commuting Options at Your Fingertips

PLEASE READ THE FOLLOWING TERMS OF USE AND PRIVACY STATEMENT CAREFULLY BEFORE USING commuteone.com, Carpools.com, commutecne.tann.com, tann.com, or transitrips.tann.com (hereafter referred to as "Site").

COMMUTEONE TERMS OF SERVICE

By using the Travel Advisory News Network, Inc., (TANN) Web sites representing "Services" of TANN, including commuteone.com, Carpools.com, transitrips.tann.com, tann.com and traffic.tann.net (hereafter referred to as TANN collectively), you are agreeing to be bound by the following terms and conditions ("Terms of Service"). If you do not agree to these terms, you may not use these sites.

TANN reserves the right to update and change the Terms of Service from time to time without notice. Any new features that augment or enhance the current Service, including the release of new tools and resources, shall be subject to the Terms of Service. Continued use of the Service after any such changes shall constitute your consent to such changes. You can review the most current version of the Terms of Service at any time at: http://commuteone.com/sitepolicy.htm

ACCOUNT TERMS

You must be 18 years or older to use this Service.
You must be a human. Accounts registered by “bots” or other automated methods are not permitted.
You must provide your legal full name, a valid email address, and any other information requested in order to complete the signup process.
Your account may only be used by one person – a single login shared by multiple people is not permitted.
You are responsible for maintaining the security of your account and password. TANN cannot and will not be liable for any loss or damage from your failure to comply with this security obligation.
You may not use the Service for any illegal or unauthorized purpose. You must not, in the use of the Service, violate any laws in your jurisdiction.

MEMBER CONDUCT

Member is solely responsible for the contents of his or her communications made using the TANN Services. TANN bears no responsibility for communications received by Member from third persons while using the TANN Services. Member's use of the TANN Services is subject to all applicable local, state, national and international laws and regulations.
Member shall be fully liable for all use of Member's account, including any unauthorized use of such account by any third party. TANN bears no responsibility for communications received by Member from third persons while using the TANN Services.
Member agrees not to make any communications or transmissions in conjunction with its use of the TANN Services that are unlawful, harassing, libelous, abusive, threatening, harmful, vulgar, obscene or include otherwise objectionable material of any kind or nature. In conjunction with Member's use of TANN Services, Member further agrees not to transmit any material that encourages conduct that could constitute a criminal offense, give rise to civil liability or otherwise violate any applicable local, state, national or international law or regulation. Attempts to gain unauthorized access to other computer systems are prohibited.
Member shall not interfere with any other Members' use and enjoyment of TANN Services. TANN may, in its sole discretion, terminate the TANN Services without notice if Member fails to observe and comply with the terms and conditions of this Agreement. Failure on TANN's part to actively terminate Member's account following any violation by Member of this Agreement shall not constitute a waiver of TANN's right to terminate and shall not prevent TANN from terminating Member's account, consistent with this Agreement, at any point for past and/or current violations of Agreement.
Member is solely responsible for maintaining the confidentiality of Member's password and account. Furthermore, Member is entirely responsible for any and all activity that occurs under Member's account. Member may change Member's password at any time by following the instructions posted on TANN's website. Member agrees to immediately notify TANN of any unauthorized use of Member's account or any other breach of security known to Member.

Violation of any of these agreements will result in the termination of your Account. While TANN prohibits such conduct you understand and agree that TANN cannot be responsible for the conduct of individuals looking for or participating as RideMatch buddies. You agree to use the Service at your own risk.

PAYMENT, UPGRADING AND DOWNGRADING TERMS

Members who subscribe to TANN Services are obligated to pay, as a condition of subscribing to TANN Services. As a condition of accepting or continuing any subscription for TANN Services, TANN reserves the right to perform such credit verification as TANN determines to be appropriate, and Member agrees to grant all authorizations and provide all information necessary or convenient to perform credit verification. TANN may change the amount of the Charges from time to time upon advance written notice to Member at the email address provided upon registration for the TANN Services. Any such new or modified Charges will take effect upon the date of such written notice, which shall be deemed the date of delivery for the notice, or such later date as is specified therein. A Member may avoid such new or modified Charges by canceling the subscription to TANN prior to the date on which the new or modified Charges are to take effect.

All Members who subscribed to TANN at any time before July 1, 2005, will be responsible for paying in advance, on a monthly or annual basis, all such Charges for Services to be rendered the forthcoming relevant period, monthly or annually, as the case may be, and as measured from the date on which such Member first registered for Services (the "Commencement Date"). Member will be charged automatically on the anniversary date of Member's chosen payment plan. For example, if Member selects an annual payment plan, Member will be automatically charged on the annual anniversary of the Commencement Date.

All Members who subscribed to TANN with a monthly service plan on or after July 1, 2005, will be responsible for paying all such Charges for Services rendered during the prior month at the end of the current month, as measured from Member's Commencement Date. Member will be automatically charged on a monthly basis.

All Members who subscribed to TANN with an annual service plan on or after July 1, 2005, will be responsible for paying all such Charges for Services to be rendered, no later than the thirtieth (30th) day of Member's subscription, as measured from Member's Commencement Date. Such Charge will be applied to Member's subscription to TANN Services for a period of twelve (12) months from Member's Commencement Date. Member will be automatically charged for the annual payment on the anniversary date of Member's chosen payment plan. For example, if Member selects an annual payment plan, Member will be automatically charged on the annual anniversary of the Commencement Date.

Upon subscribing to TANN, Member must pay the annual Charges (i) by credit card from such credit card issuer as is acceptable to TANN or (ii) by monthly payments by automatic debit to member’s checking account.

TANN will not render a separate statement to the Member for the Charges. If Member pays the Charges (i) by credit card, such Charges will appear on the Member's credit card statement, (ii) by debit to Member's checking account, then such Charges will appear on Member's periodic bank statement. If, for any reason, TANN is unable to bill or collect any amounts according to Member's type of subscription, Member shall remain responsible for all such amounts. If Member fails to pay applicable Charges when due, then TANN may, in its sole and absolute discretion, cancel the Subscription Services, and may pursue such remedies as are available under applicable law for collection of delinquent Charges.

If Member subscribes for TANN Services, then such Member will be responsible for the full monthly or annual charges to the end of the then-current term. Any then-paid Charges shall not be refundable, regardless of the date of termination for those Services. If Member has terminated the TANN Services in accordance with the provisions of “Termination”, below, prior to the anniversary date through which Member has paid the Charges for such Paid TANN Services, TANN shall not renew Member's subscription, and shall not charge Member any Charges for such Services, with respect to the period following that anniversary date.

A valid credit card is required for paying accounts. If you initially sign up for a monthly account and you don't cancel that account within 30 days, you will be billed monthly starting on the 30th day after your account was initially created. If you cancel prior to the processing of your first invoice on the 30th day, you will not be charged.
The Monthly Service is billed in advance on a monthly basis and is non-refundable. There will be no refunds or credits for partial months of service, or refunds for months unused with an open account. In order to treat everyone equally, no exceptions will be made.
All fees are exclusive of all taxes, levies, or duties imposed by taxing authorities, and you shall be responsible for payment of all such taxes, levies, or duties, excluding only United States (federal or state) taxes.
For any upgrade or downgrade in plan level, your credit card that you provided will automatically be charged the new rate on your next billing cycle.
Downgrading your Service may cause the loss of Content, features, or capacity of your Account. TANN does not accept any liability for such loss.

FREE SERVICES

TANN may, from time to time, offer particular Services free of charge to its Members. In addition, from time-to-time, TANN may choose, in its sole discretion, to promote its new Services for a specified amount of time at no cost to its Members (the "Free Services"). TANN provides the Free Services as an accommodation to its Members, and reserves the right to terminate Member's Free Services at any time.

CANCELLATION AND TERMINATION

You are solely responsible for properly canceling your account. You can cancel your account at any time by going to the Account Management page - Under Need to Cancel Your Account? Click the "Click here to email" link to send a no questions asked cancellation email.
All of your Content will be immediately deleted from the Service upon cancellation.
If you cancel the Service before the end of your current paid up month, your cancellation will take effect immediately and you will not be charged again.
TANN, in its sole discretion, has the right to suspend or terminate your account and refuse any and all current or future use of the Service, for any reason at any time. Such termination of the Service will result in the deactivation or deletion of your Account or your access to your Account, and the forfeiture and relinquishment of all content in your Account. TANN reserves the right to refuse service to anyone for any reason at any time.

MODIFICATIONS TO THE SERVICE AND PRICES

TANN reserves the right at any time and from time to time to modify or discontinue, temporarily or permanently, the Service (or any part thereof) with or without notice.
Prices of all Services, including but not limited to monthly subscription plan fees to the Service, are subject to change upon 30 days notice from us. Such notice may be provided at any time by posting he changes to the TANN Customer Sign-In Site. (http://commuteone.com/login.php) or via e-mail to customers.
TANN shall not be liable to you or to any third party for any modification, price change, suspension or discontinuance of the Service.

USE OF SITE MATERIAL

The contents of the Service site including, but not limited to, text, graphics, logos, button icons, images, maps and software are all copyrighted material owned by TANN or used with the express permission of the copyright, trademark name or service mark owner. As such, all content is protected by U.S. and international copyright laws. TANN allows members to make a single copy of a document or part of a document published by TANN on this Site for personal use, provided that our copyright notice is prominently displayed on your copy. HOWEVER, no other permission is granted to you to print, copy, post, reproduce, republish, distribute, transmit, upload, download, store, display in public, alter or modify the materials by any means, including but not limited to: electronic, mechanical, photocopying, recording or otherwise, without TANN's permission. This includes "mirroring" any material contained on this Site or any other server. Further, no permission is granted to you to use any TANN icons to hyperlink other Web sites with this Site, or to use the TANN name, trademarks, trade names or patented designs for any reason.

TRADEMARK USAGE

Third-party products and logos shown on our Web site appear only to illustrate the messages but are never intended to suggest that they are designed or owned by TANN.

GENERAL CONDITIONS

Your use of the Service is at your sole risk. The service is provided on an “as is” and “as available” basis.
You must not modify, adapt or hack the Service or modify another website so as to falsely imply that it is associated with the TANN service.
TANN does not warrant that (i) the service will meet your specific requirements, (ii) the service will be uninterrupted, timely, secure, or error-free, (iii) the results that may be obtained from the use of the service will be accurate or reliable,
You expressly understand and agree TANN shall not be liable for any direct, indirect, incidental, special, consequential or exemplary damages, including but not limited to, goodwill, use, data or other intangible losses (even if TANN has been advised of the possibility of such damages), resulting from: (i) the use or the inability to use the service; (ii) information obtained or messages received or transactions entered into through or from the service; (iii) unauthorized access to or alteration of your transmissions or data; (iv) statements or conduct of any third party on the service; or (v) any other matter relating to the service.
The failure of TANN to exercise or enforce any right or provision of the Terms of Service shall not constitute a waiver of such right or provision. The Terms of Service constitutes the entire agreement between you and TANN and govern your use of the Service, superseding any prior agreements between you and TANN (including, but not limited to, any prior versions of the Terms of Service).
TANN may provide you with links to third-party websites. TANN has no control over the content of third-party websites or the services and products available from those third-party websites or third-party service providers and, unless otherwise stated TANN does not recommend or endorse the third-party website or provider.
TANN shall not be liable for any direct, indirect, consequential, punitive or other damages or losses related to Member's use of third-party websites or services. Member assumes full responsibility when Member choose to use any services from a third-party or follows any links that lead to third-party websites, and Member agrees to defend, indemnify and hold TANN harmless from and against any claims, actions or demands, rising from or related to Member's accessing or using any such third-party websites, including, without limitation, reasonable legal and accounting fees. This Agreement applies only to TANN Services.

DISCLAIMER OF WARRANTIES
Member expressly agrees that use of the TANN Services is at Member's sole risk. The TANN Services are provided on an "as is" and "as available" basis. TANN expressly disclaims all warranties of any kind, whether expressed or implied, including, but not limited to the implied warranties of merchantability, fitness for a particular purpose and non-infringement.

TANN makes no warranty that the TANN Services will meet Member's requirements, or that the TANN Services will be uninterrupted, timely, secure, or error free; nor does TANN make any warranty as to the results that may be obtained from the use of the TANN Services or as to the accuracy or reliability of any information obtained through the TANN Services, or that defects in the TANN Services will be corrected. TANN assumes no responsibility for the deletion of or failure to store or deliver voice mail or fax messages.

Member understands and agrees that any material and/or data downloaded or otherwise obtained through the use of the TANN Services is done at Member's own discretion and risk, and that Member will be solely responsible for any damage to Member's computer system or loss of data that results from the download of such material and/or data.

TANN makes no warranty regarding any goods or services purchased or obtained through the use of TANN Services, or any transactions entered into while using the TANN Services. No advice or information, whether oral or written, obtained by Member from TANN or through the TANN Services shall create any warranty not expressly made herein.

TANN will make commercially reasonable efforts to resolve any technical problems Member may experience while using the TANN Services. Member understands that telephone-based technical support may not be provided. If Member experiences a problem with the TANN Services, Member may, at any time, send an email to customer care department, by making use of TANN's Contact Us page at www.TANN.com.

SERVICE OUTAGES

Member acknowledges that the TANN Services are reliant upon independent telecommunications services that are beyond TANN's control. The loss or interruption of any one of those independent services may prevent the TANN Services from operating at the physical location where, or by the devices with which, the TANN Services are used by Member. In the event of any service interruption or outage, during which TANN Services may be temporarily unavailable, Member will continue to be billed for the TANN Services unless and until Member or TANN terminate the TANN Services in accordance with this Agreement. TANN will use commercially reasonable efforts to manage all faxes and communications intended for Member during any loss or interruption of such independent services.

Such independent service interruptions may include, but are not limited to:

(1) Power outages;
(2) Internet Service Provider outages;
(3) Telecommunications service provider outages;
(4) Outages due to Member's account suspension; and
(5) Outages due to Member's failure to maintain the telecommunications and ancillary services used in conjunction with the TANN Services.

FORCE MAJEURE

TANN shall not be responsible for any delay or failure in performance which results from causes beyond its reasonable control ("Force Majeure Events"), whether or not foreseeable by such party. Such Force Majeure Events include, but are not limited to, adverse weather conditions, flood, fire, explosion, earthquake, volcanic action, power failure, embargo, boycott, war, revolution, civil commotion, act of public enemies, labor unrest (including, but not limited to, strikes, work stoppages, slowdowns, picketing or boycotts), inability to obtain equipment, parts, software or repairs thereof, acts or omissions of the other party, and acts of God.

THIRD PARTIES

Member acknowledges that TANN's ability to perform its obligations under this Agreement is dependent upon the availability of equipment and services from third parties (collectively, the "Vendors") with whom TANN has contracted for the provision of telecommunications and Internet services and equipment used by TANN when providing the TANN Services, and agrees that TANN shall not be in breach of its obligations to Member hereunder, if TANN is prevented from performing such obligations by reason of the breach or other failure by any such Vendor to perform its obligations to TANN in accordance with the terms of such Vendor's agreement with TANN.

ARBITRATION

If any disputes arise between us regarding your use of this Web site, such disputes shall be resolved according to the laws of the State of California, United States of America, without giving effect to the principles of conflicts of law thereof. The federal and state courts of the State of California, USA, shall have exclusive jurisdiction over all claims.

If any provision of this agreement is unlawful, void or unenforceable, that provision shall be deemed severable from this agreement and shall not affect the validity and enforceability of any remaining provisions. This is the entire agreement between the parties relating to the subject matter herein.

MISCELLANEOUS

The Agreement shall be governed by and construed in accordance with the internal laws of the State of California, excluding its conflict of law provisions. Subject to Section 26: Arbitration, above, and without limiting the applicability of any provisions thereunder, Member and TANN agree to submit to the exclusive jurisdiction of the courts of the State of California and further agree that the exclusive venue for any cause of action arising under or relating to this Agreement or the TANN Services provided hereunder shall be the Superior Court in Los Angeles County, California, sitting in the City of Los Angeles, California. Member and TANN agree that any cause of action arising out of or related to the Agreement or the TANN Services must commence within one (1) year after the cause of action arose; otherwise, such cause of action is permanently barred.

If any provision of the Agreement is determined by an arbitrator or court of competent jurisdiction to be contrary to applicable law, then such provision shall be construed as nearly as possible to conform to applicable law and the other provisions of this Agreement shall remain in full force and effect.

The Agreement (i) constitutes the entire agreement between Member and TANN and supersedes all prior agreements between the parties regarding the subject matter contained herein, and (ii) may be modified or amended only in the manner expressly set forth herein.

TANN at any time and from time to time may assign its rights and delegate its duties under this Agreement without the prior consent of Member. Member may not assign this Agreement to any other person under any circumstances.

TANN's failure to exercise or enforce any right or provision of the Agreement shall not constitute a waiver of such right or provision unless acknowledged and agreed to by TANN in writing.

TANN may modify these Terms of Service, at any time without notice. Our Address: 21845 East Copley Drive, Suite 1138, Diamond Bar, CA 91765, USA. Questions about the Terms of Service should be sent to comment@TANN.com

PRIVACY STATEMENT

The Travel Advisory News Network, Inc., (TANN) and its advertisers, affiliates and third party partners are deeply concerned about privacy on the Internet. As such, to better protect your privacy, TANN has provided this notice explaining its online information practices and the choices you can make about the way your information is collected and used on this Site. Furthermore, this Privacy Policy works in conjunction with the terms of Use but does not modify or supersede these documents.

TANN's Collection and Use of Your Information

In the course of using this Site, TANN does not collect any personally identifiable information about you such as name, address, phone number, or e-mail address. However, TANN does collect certain non-personally identifiable information when you visit many of our web pages such as the type of browser you are using (e.g., Netscape, Internet Explorer), the type of operating system you are using, (e.g., Windows '98 or Mac OS), the domain name of your Internet service provider (e.g., America Online, Earthlink), aggregate data about the number of visits to the Site and/or aggregate data about the pages visited.

How TANN Uses the Information

TANN uses the non-personally identifiable information ("Aggregate Data") to analyze Site usage as well as create products and services to fit your needs. Also, TANN may share this Aggregate Data with TANN sponsors, advertisers and other third-party vendors. TANN shall own such Aggregate Data and maintain copies of such as part of its records.

In some cases, you may voluntarily provide personal information in response to a specific ad (this ad may ask you to fill out a survey or provide your zip code). If this does occur, TANN may collect this information on behalf of itself or of an advertiser. Information provided to an advertiser is used by that advertiser to respond to your request. In addition, TANN may combine this information with other users' information and review it in an aggregate form to understand the type of individuals who view a specific type of ad or visit a particular kind of Web site.

Except as otherwise indicated, TANN uses the personally identifiable information ("Personal Information") you provide: (a) to fulfill your requests for our products and services and those of our sponsors and business affiliates and to respond to your inquiries about our offerings; (b) to communicate with you and to assist you with any questions you have (c) for internal marketing purposes; (d) to cooperate with government officials or parties in litigation under process of law, or as otherwise required by law; (e) to protect the security or integrity of the Site; (f) to protect against a threat of safety or destruction of property; and/or (g) to protect against legal liability. In all cases, however, TANN's agents, employees and contractors who have access to Personal Information are required to protect this information in a manner that is consistent with the Privacy Policy. TANN will not use the Personal Information, except as set forth herein, without your permission; provided, however, TANN shall own all such Personal Information and maintain copies of such as part of its records.

TANN may use the Personal Information that it collects to offer you other products or services that TANN believes may be of interest to you. Some of TANN's third party distributors and/or entities related to you transaction may be supplied with your Personal Information and may use your Personal Information for their own marketing purposes or to send you information regarding products and services that may be of interest to you, however, as with TANN, any parties with access to such Personal Information are required to act in a manner consistent with this Privacy Policy. TANN also may make its mailing list available to companies carefully screened, whose products and services may interest you. If you so not with to receive any such information as described in this paragraph, please contact TANN in the manner identified in the "Opt-Out" section below. The Aggregate Data and Personal Information may be transferred, distributed or sold as part of TANN or its assets.

How to Contact TANN to Opt-Out

You may choose not to receive such information and/or to allow TANN to use your information in the manner described above by simply notifying TANN directly at info@CommuteOne.com. Please indicate whether you are opting out of email marketing communication only or all marketing communication. If you do not indicate one of the foregoing, we will construe your "opt-out" as pertaining to email only. Upon receipt and processing of an "opt out" request, TANN will, within its commercially reasonable amount of time, remove your information from any future marketing communications.

Security: No Liability

TANN has implemented security measures to help protect against the risk of loss, misuse and alteration of any information under TANN's control. Nevertheless, such security measures may not prevent all loss, misuse or alteration of information on this Site, And TANN is not responsible for any damages or liabilities relating to any such security failures. Furthermore, this Site contains links to other sites. TANN is not responsible for nor can TANN ensure the privacy practices or content of such other sites.

IP Addresses and Cookies

Like other Web sites, TANN uses your IP address to help diagnose problems with TANN's servers, to administer this Site and for security purposes. "Cookies" are pieces of data sent from a Web server to a Web browser that enable a Web server to identify users that visit a site hosted by that server. TANN may use Cookies in order to identify you to our site so that TANN can provide more customized information and services to you. In general, if you choose, you can disable the use of Cookies by reviewing your browser's preferences and options.

Third Party Advertising

The ads appearing on this Web site are delivered to you by DoubleClick, our Web advertising partner. Information about your visit to this site, such as the number of times you have viewed an ad, is used to serve ads to you on this site. For more information about DoubleClick, cookies, and how to "opt-out", please click here.

Third Party Cookies

In the course of serving advertisements to this site, our third-party advertisers may place or recognize unique cookies on your browser.

Modification of Privacy Policy

TANN may change this Privacy Policy at any time, consistent with the terms set forth in the Terms and Conditions of Use, including by posting the changed or amended Privacy Policy on the Site. Your continued viewing of or use of this Site following the posting of any changes to this Privacy Policy will signify your assent to any such changes or amendments.

How to Contact TANN for Any Reason

You may contact TANN with questions or comments regarding this Privacy Policy, updating and Personal Information or anything else related to TANN and/or this Site at info@CommuteOne.com.

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