Summary

The following document details the privacy policies adopted by and adhered to by Metrocommute on the collection and protection of personal information from our users. This information is an integral part of our Terms of Service governing all users who use the metrocommute.com service. The use of the metrocommute.com service indicates that you have read this policy and have agreed to use the information provided on the metrocommute.com service consistent with our Terms of Service.

Personal Information

As part of our metrocommute.com eAlert!, 646 TRAFFIC and mobile.metrocommute.com user opt-in personalized subscriber traffic/transit services, Metrocommute collects certain information from users to permit and facilitate operation of the service. Such information collected now or in the future may include names, postal and e-mail addresses for both home and business/organization, phone and facsimile numbers, billing information, vehicle ownership information, including the years(s), make(s) and model(s) of the vehicles you own and/or operate. We do not not collect or maintain information from those actually known to be under the age of 13, and no part of our site is designed to attract anyone under the age of 13.

Metrocommute collects information which is specific to how you use metrocommute.com. Our site servers note non-personally identifying details such as, but not limited to, the server you are logged onto, the geographic location of the ISP you use, the type of browser you use, your IP address, and the phone number from which you are calling (Metrocommute 646 TRAFFIC service only). This information is obtained for the purpose of targeting ads and measuring a particular ad's effectiveness on behalf of our advertising clients and customers. We may also track the pages you use and request.

How Your Information May Be Shared

We never sell or rent your personal information without your consent. We may share non personal information collected through the use of 'cookies,' and from the registration forms required to subscribe to our personalized traffic/transit information services. metrocommute.com uses cookies to allow users to personalize and load their own preferred metrocommute.com home page automatically. metrocommute.com also uses cookies to understand how you use our site and how you respond to the ads we serve on the site.

A cookie is a small amount of data that is sent to your browser from a Web server and stored on your computer's hard drive. These 'cookies' allow us to track of how often and when you use our site, the site features you use, and the number of times you view the ads that we serve. We also use cookies to make sure that you do not see the same ad repeatedly. Most web browsers are automatically set to accept cookies, but you can usually change your preferences. If your browser is set to not accept cookies, you may not be able to take advantage of some of the features and products offered by metrocommute.com.

For opt-in users of the metrocommute.com eAlert! and metrocommute.com 646 TRAFFIC services, we may share summaries of compiled information to help our advertising clients better target and track their advertising campaigns. In the future, metrocommute.com may use compiled information to offer e-commerce products and services through metrocommute.com, metrocommute.com eAlert!, metrocommute.com 646 TRAFFIC, and other related products. This compiled information may also be shared with third party providers of such e-commerce services and products, contracted by metrocommute.com.

We may also release personal information to appropriate governmental authorities under the following circumstances:

1. Where release is required by law (for example, a subpoena) or regulation, or is requested by a government agency conducting investigations or proceedings; or
2. Where your communication (email, phone call. letter, FAX, or other) suggests possible harm to others.

Notification of Changes

If we decide to change our privacy policy, we will post these changes on the metrocommute.com web site so that you are always aware of what information we collect, how we use it, and under what circumstances we disclose it. Regardless of later updates, we will never use the information you submit under this current policy in a new way without first providing you an opportunity to opt-out or otherwise prevent that use.

Terms of Service

Use of the metrocommute web site and other metrocommute.com services indicates that you have read and have agreed to the conditions specified in this document. All of the information contained on the metrocommute.com web site and other metrocommute.com services (hereafter referred to as metrocommute.com) is intended for use by authorized commercial licensees and individuals for their personal use. Any terms or conditions applicable to the metrocommute.com service provided in conjunction with any of metrocommute.com content and service partners are hereby incorporated by reference into the Terms of Service. If you do not agree to these Terms of Service, please do not use the site and do not register for metrocommute.com services. We reserve the right, at our discretion, to change, modify, add, or remove portions of this agreement at any time. Please check these terms periodically for changes. These Terms of Service incorporate our Privacy Policy.

Your continued use of the metrocommute.com service following the posting of changes to these terms will signify that you consent to those changes. By using metrocommute.com or any of its products, you agree to be legally bound and to abide by the Terms of Service, just as if you had signed this Agreement. If you do not comply with the Terms of Service at any time, metrocommute.com reserves the right to terminate your access to the metrocommute.com service. metrocommute.com may discontinue or alter any aspect of the metrocommute.com service, including, but not limited to, (i) restricting the time the metrocommute.com service is available, (ii) restricting the amount of use permitted, and (iii) restricting or terminating any user's right to use any metrocommute.com service, at metrocommute's sole discretion and without prior notice or liability. You are responsible for all charges associated with connecting to the metrocommute.com service.

You are also responsible for obtaining or providing all access lines, telephone and computer equipment (including modem), or other device, necessary to access the metrocommute.com service. From time to time, metrocommute.com may change access numbers for its 646 TRAFFIC or other telephone access services. Access numbers may be toll free or local toll charge numbers at the sole discretion of metrocommute.com. Subscribers will be notified via email to their registered email address any time their access number is expected to change. Subscribers will be notified in advance whenever possible of any change in access numbers, but metrocommute.com makes no assurance or commitment that it will be able to do this. metrocommute reserves the right to change the pricing and content of it services and products at any time, at its sole discretion.

You further certify that you are an individual. As an individual non-commercial user, you may cite or refer to information provided on metrocommute.com and the metrocommute.com service, including but not limited to metrocommute.com eAlert! and metrocommute.com 646 TRAFFIC in books, on-line services, or other media, with attribution, but except as provided below, you may not reproduce or redistribute such information in any form, in whole or in part, without the prior written permission of metrocommute.com. Except as an individual non-commercial user, you may not provide a link on your web site to metrocommute.com or reproduce or distribute any image or text from metrocommute.com and its related links without securing advance written consent from metrocommute.com

You can request permission by sending e-mail to info@metrocommute.com including your name, the name of your company, your title, and a description of the purpose of your intended use/distribution and the information you would like to use and/or distribute. Individuals and governmental agencies are permitted to create links from their home pages to metrocommute.com, provided that prior notification is sent to metrocommute.com and provided that metrocommute.com is properly acknowledged as the provider of such linked information.

Important Disclaimers

The information and data included in the metrocommute.com service have been compiled by metrocommute.com from a variety of public and private sources, and are subject to change without notice from metrocommute.com. metrocommute.com strives to update the information contained on the site continuously and completely. However, metrocommute.com cannot be responsible in any way for the accuracy, timeliness, quality, content, completeness or adequacy of such information and data.

Please note that metrocommute.com is a private firm and has no connection to any governmental agency or authority. No governmental agency sanctions or approves of any of the information provided on metrocommute.com.

The metrocommute.com service is provided 'as is' and you use them at your sole risk. metrocommute.com expressly disclaims all warranties of any kind, whether express or implied, including but not limited to the implied warranties of fitness for a particular purpose and non infringement.

Without limitation, metrocommute.com makes no warranty that the metrocommute.com service will meet your requirements or expectations, that our service will be uninterrupted, timely, secure, or error free, or that the information received from metrocommute.com service will be accurate or reliable. No information or advice obtained by you from metrocommute.com personnel or through the metrocommute.com service shall create any warranty not expressly provided for in these terms of service.

metrocommute.com specifically shall not be liable for any special, incidental, or consequential damages, including, without limitation, lost revenues, lost profits, or loss of prospective economic advantage, resulting from the use or misuse of the metrocommute.com service.

Limitation of Liability

You expressly understand and agree that metrocommute shall not be liable for any direct, indirect, incidental, special, consequential or exemplary damages, including but not limited to, damages for loss of profits, goodwill, use, data or other intangible losses (even if metrocommute.com has been advised of the possibility of such damages), resulting from: (i) the use or the inability to use any metrocommute.com products or service ; (ii) the cost of procurement of substitute goods and services resulting from any goods, data, information or services purchased or obtained or transactions entered into through or from any metrocommute.com product or service; (iii) unauthorized access to or transmissions or our data through your user account. In no event shall metrocommute.com's total liability to you for all damages, losses, and causes of action (whether in contract, tort (including, but not limited to, negligence), or otherwise exceed the amount paid by you, if any, for accessing the metrocommute.com service.

metrocommute.com shall credit paid subscribers on a pro-rated basis for any service outage under its control that exceeds 24 hours and for which metrocommute.com has been notified by the subscriber by electronic means or telephonic means. Such credits granted shall provide subscribers with .the same services for additional periods of time beyond their original service contracts. In the event of termination of the metrocommute service before the subscription expiration date, paid subscribers shall be offered the choice of receiving other metrocommute.com services of a comparable value or a cash refund equivalent to the unused portion of their subscription(s). Such cash refunds, if requested, shall be provided to subscribers via US Postal Service within sixty (60) days of the firm's receipt of such a request. Some jurisdictions do not allow the exclusion of certain warranties or the limitation or exclusion of liability for incidental or consequential damages. Accordingly, some of the above limitations may not apply to you.

Indemnification

You are entirely responsible for maintaining the confidentiality of your password and account. Furthermore, you are entirely responsible for any and all activities which occur under your account. You agree to indemnify, defend and hold harmless metrocommute.com LLC, its affiliates and subsidiary companies, officers, directors, employees, consultants and agents from any and all third party claims, liability, damages and/or costs (including, but not limited to, attorneys fees) arising from your use of our service. Your violation of the terms of service or your infringement, or infringement by any other user of your account, of any intellectual property or other right of any person or entity. You agree to immediately notify metrocommute.com of any unauthorized use of your account or any other breach of security known to you.

Termination and modification

You agree that metrocommute.com, in its sole discretion, may terminate service, or any part thereof, with or without notice. You agree that any termination of your access to the metrocommute.com service under any provision of this Terms of Service may be effected without prior notice, and acknowledge and agree that metrocommute.com may immediately deactivate or delete your account and all related information and files in your account and/or bar any further access to such files or the metrocommute.com service. Further, you agree that metrocommute.com shall not be liable to you or any third party for any termination of your access to the metrocommute.com service.

Governing Law and Other Miscellaneous Terms

These terms shall be governed by and construed in accordance with the laws of the State of New York, without giving effect to any principles of conflicts of law. You agree that any action at law or in equity arising out of or relating to these terms shall be filed only in the state or federal courts located in New York County in the State of New York and you hereby consent and submit to the personal jurisdiction of such courts for the purposes of litigating any such action. If any provision of these terms shall be unlawful, void, or for any reason unenforceable, then that provision shall be deemed severable from these terms and shall not affect the validity and enforceability of any remaining provisions. This is the entire agreement between you and metrocommute.com relating to the subject matter herein and shall not be modified by you except in writing, signed by both parties. The Terms of Service will inure to the benefit of metrocommute.com's successors, assigns and licensees. If you have any questions regarding the metrocommute.com service, or wish to use the site data and/or information for any commercial purpose, including but not limited to: other web sites; software; publication; links, etc., please contact:

Evan Lemonides
Principal
metrocommute.com
139 Fulton Street, Suite 207
New York, NY 10038
Telephone: (212) 513-0279
Fax: (212) 334-6173
E-mail: evan@metrocommute.com