Terms of Use

Nov 3, 2023 | Uncategorized

Terms of Use
Effective Date: November 15, 2023

1. Your Acceptance
a. By using and/or visiting this website (collectively, including all content and functionality available through the harbortransit.org domain name, the “Website”) or its associated app (the “App”), you signify your agreement to (1) these terms and conditions (“Terms of Service”), and (2) The privacy policy, found at www.harbortransit.org incorporated here by reference. If you do not agree to any of these terms or the privacy policy, please do not use the Website or the App.
b. Although we may attempt to notify you when major changes are made to these Terms of Service, you should periodically review the most up-to-date version www.harbortransit.org/termsofuse. Harbor Transit, may, in its sole discretion, modify or revise these Terms of Service and policies at any time, and you agree to be bound by such modifications or revisions. Nothing in this Agreement shall be deemed to confer any third-party rights or benefits.

2. Harbor Transit Website and App
a. These Terms of Service apply to all users of the Website and App, including users who are also contributors of content, information, and other materials or services on the Website and App. The Website and App include all aspects of this web site and its associated app, including but not limited to all products, software and services offered via the website such as the Track the Trolley feature, Via application, and other applications.
b. The Website and App may contain links to third party websites that are not owned or controlled by Harbor Transit. Harbor Transit has no control over, and assumes no responsibility for, the content, privacy policies, or practices of any third party websites. In addition, Harbor Transit will not and cannot censor or edit the content of any third-party site. By using the Website or App, you expressly relieve Harbor Transit from any and all liability arising from your use of any third-party website.
c. Accordingly, we encourage you to be aware when you leave the Website and to read the terms and conditions and privacy policy of each other website that you visit.

3. General Use of the Website and App — Permissions and Restrictions
Harbor Transit hereby grants you permission to access and use the Website and App as set forth in these Terms of Service, provided that:
a. You agree not to distribute in any medium any part of the Website or App without prior written authorization from Harbor Transit.
b. You agree not to alter or modify any part of the Website or the App.
c. You agree not to use the Website or App for any commercial use, without the prior written authorization of Harbor Transit.
d. You agree not to use or launch any automated system, including without limitation, “robots,” “spiders,” or “offline readers,” that accesses the Website or App in a manner that sends more request messages to Harbor Transit servers in a given period of time than a human can reasonably produce in the same period by using a conventional on-line web browser or application. Notwithstanding the foregoing, Harbor Transit grants the operators of public search engines permission to use spiders to copy materials from the site for the sole purpose of and solely to the extent necessary for creating publicly available searchable indices of the materials, but not caches or archives of such materials. Harbor Transit reserves the right to revoke these exceptions either generally or in specific cases. You agree not to collect or harvest any personally identifiable information from the Website and App, nor to use the communication systems provided by the Website or App (e.g. blog comments, email) for any commercial solicitation purposes.
e. In your use of the website, you will otherwise comply with the terms and conditions of these Terms of Service and all applicable local, national, and international laws and regulations.
f. Harbor Transit reserves the right to discontinue any aspect of the Website or App at any time.

4. Warranty Disclaimer
a. YOU AGREE THAT YOUR USE OF THE WEBSITE SHALL BE AT YOUR SOLE RISK. TO THE FULLEST EXTENT PERMITTED BY LAW, HARBOR TRANSIT, ITS BOARD MEMBERS, DIRECTORS, EMPLOYEES, AND AGENTS DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, IN CONNECTION WITH THE WEBSITE AND YOUR USE THEREOF. HARBOR TRANSIT MAKES NO WARRANTIES OR REPRESENTATIONS ABOUT THE ACCURACY OR COMPLETENESS OF THIS WEBSITE’S OR APP’S CONTENT OR THE CONTENT OF ANY SITES LINKED TO THIS WEBSITE OR THE APP AND ASSUMES NO LIABILITY OR RESPONSIBILITY FOR ANY (I) ERRORS, MISTAKES, OR INACCURACIES OF CONTENT, (II) PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER, RESULTING FROM YOUR ACCESS TO AND USE OF OUR WEBSITE OR APP, (III) ANY UNAUTHORIZED ACCESS TO OR USE OF OUR SECURE SERVERS AND/OR ANY AND ALL PERSONAL INFORMATION AND/OR FINANCIAL INFORMATION STORED THEREIN, (IV) ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM OUR WEBSITE OR THE APP, (IV) ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE WHICH MAY BE TRANSMITTED TO OR THROUGH OUR WEBSITE OR THE APP BY ANY THIRD PARTY, AND/OR (V) ANY ERRORS OR OMISSIONS IN ANY CONTENT OR FOR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF THE USE OF ANY CONTENT MADE AVAILABLE VIA THE WEBSITE OR THE APP. HARBOR TRANSIT DOES NOT WARRANT, ENDORSE, GUARANTEE, OR ASSUME RESPONSIBILITY FOR ANY PRODUCT OR SERVICE ADVERTISED OR OFFERED BY A THIRD PARTY THROUGH THE WEBSITE OR APP OR ANY HYPERLINKED WEBSITE OR APP OR FEATURED IN ANY BANNER OR OTHER ADVERTISING, AND HARBOR TRANSIT WILL NOT BE A PARTY TO OR IN ANY WAY BE RESPONSIBLE FOR MONITORING 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.

5. Limitation of Liability
a. IN NO EVENT SHALL HARBOR TRANSIT, ITS, BOARD MEMBERS, DIRECTORS, EMPLOYEES, OR AGENTS, BE LIABLE TO YOU FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE, OR CONSEQUENTIAL DAMAGES WHATSOEVER RESULTING FROM ANY (I) ERRORS, MISTAKES, OR INACCURACIES OF CONTENT, (II) PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER, RESULTING FROM YOUR ACCESS TO AND USE OF OUR WEBSITE OR APP, (III) ANY UNAUTHORIZED ACCESS TO OR USE OF OUR SECURE SERVERS AND/OR ANY AND ALL PERSONAL INFORMATION AND/OR FINANCIAL INFORMATION STORED THEREIN, (IV) ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM OUR WEBSITE OR APP, (IV) ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE, WHICH MAY BE TRANSMITTED TO OR THROUGH OUR WEBSITE OR APP BY ANY THIRD PARTY, AND/OR (V) ANY ERRORS OR OMISSIONS IN ANY CONTENT OR FOR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF YOUR USE OF ANY CONTENT MADE AVAILABLE VIA THE WEBSITE OR APP, WHETHER BASED ON WARRANTY, CONTRACT, TORT, OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT THE COMPANY IS ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THE FOREGOING LIMITATION OF LIABILITY SHALL APPLY TO THE FULLEST EXTENT PERMITTED BY LAW IN THE APPLICABLE JURISDICTION.
b. The Website and App are controlled and offered by Harbor Transit from its facilities in the United States of America. Harbor Transit makes no representations that the Website or App is appropriate or available for use in other locations. Those who access or use the Website or App from other jurisdictions do so at their own volition and are responsible for compliance with local law.

6. Indemnity
a. You agree to defend, indemnify and hold harmless Harbor Transit, its board members, directors, employees and agents, from and against any and all claims, damages, obligations, losses, liabilities, costs or debt, and expenses (including but not limited to attorney’s fees) arising from: (i) your use of and access to the Website and/or App; or (ii) your violation of any term of these Terms of Service. This defense and indemnification obligation will survive these Terms of Service and your use of the Website and/or App.

7. Ability to Accept Terms of Service
a. You affirm that you are either more than 18 years of age, or an emancipated minor, or possess legal parental or guardian consent, and are fully able and competent to enter into the terms, conditions, obligations, affirmations, representations, and warranties set forth in these Terms of Service, and to abide by and comply with these Terms of Service.

8. Assignment
a. These Terms of Service, and any rights and licenses granted hereunder, may not be transferred or assigned by you, but may be assigned by Harbor Transit without restriction.

9. General
a. You agree that: (i) the Website and App shall be deemed solely based in Michigan; and (ii) the Website and/or App shall be deemed a passive website and/or application that does not give rise to personal jurisdiction over Harbor Transit, either specific or general, in jurisdictions other than Michigan. These Terms of Service shall be governed by the internal substantive laws of the State of Michigan, without respect to its conflict of laws principles. Any claim or dispute between you and Harbor Transit that arises in whole or in part from the Website or App shall be decided exclusively by a state court of competent jurisdiction located in Ottawa County, in the State of Michigan. These Terms of Service, together with the Privacy Policy and any other legal notices published on the Website or App, shall constitute the entire agreement between you and Harbor Transit concerning the Website or App. If any provision of these Terms of Service is deemed invalid by a court of competent jurisdiction, the invalidity of such provision shall not affect the validity of the remaining provisions of these Terms of Service, which shall remain in full force and effect. No waiver of any term of this these Terms of Service shall be deemed a further or continuing waiver of such term or any other term, and Harbor Transit’s failure to assert any right or provision under these Terms of Service shall not constitute a waiver of such right or provision. Harbor Transit reserves the right to amend these Terms of Service at any time and without notice, and it is your responsibility to review these Terms of Service for any changes. Your use of the Website or App following any amendment of these Terms of Service will signify your assent to and acceptance of its revised terms. YOU AND HARBOR TRANSIT AGREE THAT ANY CAUSE OF ACTION ARISING OUT OF OR RELATED TO THE WEBSITE MUST COMMENCE WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION ACCRUES. OTHERWISE, SUCH CAUSE OF ACTION IS PERMANENTLY BARRED.

Website and Mobile Application Use Privacy Policy

Nov 3, 2023 | Uncategorized

Website and Mobile Application Use Privacy Policy

Who We Are:
Harbor Transit is the public transit system in Northwest Ottawa County serving the City of Ferrysburg, City of Grand Haven, Grand Haven Township, Village of Spring Lake, and Spring Lake Township. To find out more about us, please visit our website at www.harbortransit.org.
This Privacy Policy is incorporated by reference into the Harbor Transit Terms of use. The term Lakeshore Go, Via, Company, we and us includes Harbor Transit Multi-Modal Transportation System (Harbor Transit) and (Via Transportation), Inc. and our affiliates and subsidiaries.
This policy explains how Harbor Transit and Via may:
• Collect
• Use,
• And disclose information we obtain through the Service.

The “Service” means any website, mobile application, or Internet service under Via or Harbor Transit’s Control, whether partial or otherwise, in connection with providing Via or Harbor Transit’s online platform. Each reservation a user makes with Harbor Transit on the Service is a “Reservation,” and each ride taken through a Reservation is a “Ride.” “Member” means any such individual who uses the Service to make Reservations and takes Rides.

What Information do we collect?

If you are visiting www.harbortransit.org to browse through our website, download information or read pages, we will gather and store certain information about your visit automatically. This information will not identify you personally.

We do not use this data for commercial purposes, nor do we distribute, in any way, any of the information we gather.

The only information we automatically collect and store is the following information about your visit:

1. Fully Qualified Domain Name (Domain Name), of your Internet Service Provider (ISP) and/or your computer, if your computer has a domain name specifically assigned to it.
2. IP Address (the number that is automatically assigned to your computer whenever you are surfing the web) from which you access our website.
3. Browser Type (Internet Explorer, Firefox, Safari, Opera, etc.)
4. Operating System, you use to access our site (Windows OS, Macintosh OS, Linux, etc.)
5. Date and Time you accessed our site.
6. Pages you visited Uniform Resource Locator (URL) of the page you started from (for example: google.com), that linked you to our Web site, if you did not access our page by typing in www.harbortranit.org
We use this information to help make our site more useful to visitors. Learning about the number of visitors to our site and the types of technologies they use helps us to improve the Web site and the services we offer. In order to accomplish these goals, we are constantly conducting statistical analysis of the data we collect and are aggressively improving our hardware and software to meet the public needs.

Using Harbor Transit’s Online Forms:
How Voluntarily Provided Information is Used:

We collect information from you when you subscribe to our text alerts, apply for a job, contact us, or use any of our online forms.

If you voluntarily send us information, i.e. you fill out a form requesting information, it will be used for governmental purposes only. These purposes could include, without limitation, helping us respond to your request for information; to look into a problem you are bringing to our attention; or to keep lists of interested people (e.g. prospective vendors or employees). We will not rent or sell information identifying you as a particular person (name, address, phone number, etc.) to third parties without your expressed permission. We will also not disclose credit card information, except for purposes related to your credit card transaction, with your permission, or as required by Michigan Law.

Any of the information that we collect from you may be used in one of the following ways:

• To personalize your experience: Your information helps us to better respond to your individual needs.
• To improve our website: We continually strive to improve our website offerings based on the information and feedback we receive from you.
• To improve customer service: Your information helps us to more effectively respond to your customer service requests and support needs.
• To process forms: When using forms on our site, as appropriate, you may be asked to enter your: name, email address, mailing address, phone number, and other personnel information appropriate to the form. Your information whether public or private, will not be sold, exchanged, transferred, or given to any other company for any reason, without your consent, other than the expressed purpose of the form submitted.
• To send email confirmations: The email address you provide in our online forms will only be used to send you information and confirmations.
• To send text alerts: If you decide to opt in to our text alert list, you will receive text alerts that may include updates and service related information.

How do we protect your information?

We offer the use of a secure server. All supplied sensitive information is transmitted via Secure Socket Layer (SSL) technology and encrypted into a data base, accessible by those authorized with special access rights to such systems, and are required to keep the information confidential.

Do we use cookies?

Yes. Cookies are small files that a site or its service provider transfers to your computer’s hard drive through your web browser, that enables the sites or service provider’s systems to recognize your browser and capture and remember certain information.

If you use any forms on our site (e.g., employment application, standing order form, etc.), you will be saving your name, email address and other information in cookies.

Embedded content from other websites:

Articles on this site may include embedded content (e.g. videos, images, articles, etc.). These websites may collect data about you, use cookies, embedded third-party tracking, and monitor your interaction with the content, including tracking your interaction with the embedded content if you have an account and are logged in to that website.

Do we disclose any information to outside parties?

Harbor Transit does not sell, trade, or otherwise transfer to outside parties your personally identifiable information. This does not include the trusted third parties who assist us in operating our website or conducting our business, so long as those parties agree to keep this information confidential. We may release your information when we believe release is appropriate to comply with the law, enforce our site policies, or protect ours or others rights, property, and safety.

Third Party Links:

At Harbor Transit’s discretion, we may include or offer third party products or services on our website. These third party sites have separate and independent privacy policies. We therefore have no responsibility or liability for the content and activities of these linked sites.

Children’s On Line Privacy Protection:

Protecting the privacy of minor children is especially important. For that reason, we do not knowingly collect or solicit personnel information from anyone under the age of 18 without verifiable parental consent. If you are under 18 years of age, please do not access our site or app at any time or manner without parental consent.

On Line Privacy Policy Only:

This on line privacy policy applies only to information collected through our website or app and does not apply to information collected offline.

Your Consent:

By using our site, you consent to our privacy policy.

Changes to our Privacy Policy:

If changes are made to our privacy policy, changes will be made and put on our website at www.harbortransit.org.