Terms and Conditions

The following are the Terms of Use (“Terms”) that govern the use of Metrarail.com and any other website owned or operated by Metra (collectively, the “Site”). The term “Metra” or “we” refers collectively to the Northeast Illinois Regional Commuter Railroad Corporation and the Commuter Rail Division of the Regional Transportation Authority. Metra's Privacy Policy, General Information, and any other policies, rules, or guidelines that may be applicable to particular offers or features on the Site are hereby incorporated by reference into these Terms.

By using or visiting the Site, you expressly agree to be bound by these Terms and to follow these Terms and all applicable laws and regulations governing the Site. Metra reserves the right to change these Terms at any time, effective immediately upon posting on the Site. Please check this page of the Site periodically. Your continued use of or visit to the Site after such changes have been made constitute your acceptance of any changes.

Permitted Use

You agree that you are only authorized to visit, view and to retain a copy of pages of this Site for your own personal use, and you agree not to duplicate, download, publish, modify or otherwise distribute the material on this Site for any purpose other than to review the information contained on the Site for personal use, unless otherwise specifically authorized by Metra to do so.

The content and software on this Site is the property of Metra and/or its suppliers and is protected by U.S. and international copyright laws. These Terms give you a non-exclusive license to copy the Site for your own personal use only so long as you comply with all of the terms and conditions set forth herein. Any violation of these Terms exceeds the scope of that license.

Refund Policy

Refunds for Monthly Passes are available as per the refund policy here. No refund or replacement ticket will be issued for other tickets that are lost, destroyed or stolen. Metra is not responsible for lost articles, errors in timetables, or for inconvenience or damage resulting from missed stops; delayed, cancelled or missed trains; failure to make connections; or shortages of equipment.

Truthfulness and Accuracy of the Information You Provide; Complying with Laws; Verifications and Authorizations

You may be asked to provide information during various processes that you engage in on the Site. You represent and warrant that all information you provide, including but not limited to all information concerning your name, address, and other identifying information of any nature will be true, complete and correct, and that you will update all information as it changes. You further agree that you will not attempt to conceal your identity by using multiple Internet Protocol (“IP”) addresses or e-mail addresses to use or to purchase tickets on the Site.

User Contributions to the Site

From time to time, we may provide you with opportunities to contribute to the Site, which may include, but not be limited to, uploading your user profile, participating in chats, and using bulletin boards. Anything that is contributed to the Site by you or other Site users will be referred to in these Terms as "User Content." Such contributions do not necessarily represent the view or opinions of Metra. Metra does not preview User Content before it appears. Metra does not guarantee the accuracy, safety, completeness, or usefulness of any User Content, and does not adopt, endorse or accept responsibility for the accuracy or reliability of any User Content or any opinion, recommendation or advice expressed therein, and Metra expressly disclaims any and all liability in connection with User Content.

When using the Site, you may choose to read or otherwise be exposed to User Content. Metra is not liable or responsible for the intellectual property rights of or relating to such User Content. You agree and acknowledge that such content may be inaccurate, offensive, indecent or objectionable, and you agree to waive, and hereby do waive, any legal or equitable rights or remedies you have or may have against Metra with respect thereto as described more fully below, and agree to defend, indemnify and hold Metra harmless to the fullest extent allowed by law regarding all matters relating to your use of the Site as described more fully below. Users can be held liable for any illegal or prohibited User Content they provide to the Site, including among other things, infringing, defamatory or offensive materials. If you discover this kind of material on the Site, please notify us at 312-542-8382. We will investigate your claim and may then take all actions we deem appropriate.

You agree that you will not submit “Prohibited Content,” as described below, as User Content.

Prohibited Content

The following is a partial list of the kind of User Content which is illegal or prohibited on the Site. It includes User Content that:

Is patently offensive to the online community, such as User Content that promotes racism, bigotry, hatred or physical harm of any kind against any group or individual;
Could be harmful to minors;
Harasses or advocates harassment of another person;
Involves the transmission of "junk mail," "chain letters," or unsolicited mass mailing or "spamming;"
Promotes information that you know is false, misleading or promotes illegal activities or conduct that is abusive, threatening, obscene, defamatory or libelous;
Promotes an illegal or unauthorized copy of another person's copyrighted work, such as providing pirated computer programs or links to them, providing information to circumvent manufacturer-installed copy-protect devices, or providing pirated music or links to pirated music files;
Contains restricted or password-only access pages, or hidden pages or images (those not linked to or from another accessible page);
Displays pornographic or sexually explicit material of any kind;
Provides material that exploits people under the age of 18 in a sexual or violent manner, or solicits personal information from anyone under 18;
Provides instructional information about illegal activities such as making or buying illegal weapons, violating someone's privacy, or providing or creating computer viruses;
Solicits passwords or personal identifying information for commercial or unlawful purposes from other users;
Engages in commercial activities without our prior written consent such as contests, sweepstakes, barter, advertising, and pyramid schemes; or
Infringes Metra’s or any third party’s copyright, patent, trademark, trade secret, rights of privacy or publicity or other proprietary or intellectual property rights of any nature.

Offline Conduct

Although Metra cannot monitor the conduct of users off the Site, it is also a violation of these Terms to use any information obtained from this Site in order to harass, abuse or harm another person or in order to contact, advertise to, solicit or sell to any Site user without their prior explicit consent.

Links and Search Results

The Site may automatically produce search results that reference or link to third party sites throughout the World Wide Web. Metra has no control over these sites or the content within them. Metra cannot guarantee, represent or warrant that the content contained in those third party sites is accurate, legal and/or inoffensive. Metra does not endorse the content of any third party site, nor do we warrant that they will not contain viruses or otherwise impact your computer. By using the Site to search for or link to another site, you agree and understand that you may not make any claim against Metra for any damages or losses whatsoever resulting from your use of the Site to obtain search results or to link to another site. If you have a problem with a link from the Site, please notify us at 312-542-8382, and we will take any actions we deem appropriate.

Unauthorized Use of the Site

No portion of the Site may be used by our visitors for any commercial purposes.

You agree that you will not use any robot, spider or other automatic device, process or means to access the Site. You agree that you will use no robot, spider, program or other automatic or manual device, process or means to circumvent, avoid or defeat any security measures or systems used on the Site, including but not limited to the “CAPTCHA” system used as part of the Site’s ticket purchasing process. The CAPTCHA system requires the retyping of characters on your computer screen. You agree that the retyping will only be done manually by you on the keyboard for the computer that you are using to access the Site. Nor shall you use any manual process to monitor or copy our web pages or the content contained thereon or for any other unauthorized purpose without our prior expressed written permission. You agree that you will not use any device, software or routine that interferes with the proper working of the Site nor shall you attempt to interfere with the proper working of the Site. You agree that you will not take any action that imposes an unreasonable or disproportionately large load on our infrastructure. You agree that you will not access, reload or “refresh” transactional event pages, or make any other request to transactional servers, more than once during any three-second interval. You agree that you will not copy, reproduce, alter, modify, create derivative works, or publicly display any content (except for your own personal, non-commercial use) from the Site without the prior, express written permission of Metra.

Suspected Violation of these Terms of Use or Law; Injunctive, Equitable Relief, and Liquidated Damages

Violations of these Terms of Use, including unauthorized use of the Site, may be investigated and appropriate legal action may be taken, including without limitation civil, criminal and injunctive redress. You understand and agree that in Metra’s sole discretion, and without prior notice, Metra may terminate and block your access to the Site or to Metra’s other services, remove any unauthorized User Content or exercise any other remedy available, if Metra believes that your conduct or the conduct of any person with whom Metra believes you act in concert, or the User Content you provide violates or is inconsistent with these Terms or the law, or violates the rights of Metra, a client of Metra or another user of the Site.

Violating any limitations or terms on the Site, will be deemed to be a violation of these Terms. If we are unable to verify or authenticate any information you provide during any registration, you may be prohibited from using the Site.

You agree that monetary damages may not provide a sufficient remedy to Metra for violations of these Terms and you consent to injunctive or other equitable relief for such violations.

Metra is not required to provide any refund to you if it exercises any of its rights or remedies because you have violated these Terms or any of Metra’s rights. For more information about how we handle copyright infringements on the Site, please see our Copyright Policy, below. Additionally, we reserve the right, in our sole discretion, to modify, suspend or discontinue any part of this Site 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 the Site or any part thereof 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.

Privacy

We believe that your privacy and the privacy of all our users is important. These Terms are subject to the Privacy Policy, which is hereby incorporated by reference. Metra will not be responsible or otherwise liable for any use or disclosure of your contact information, or financial information, by a third party to whom Metra is allowed to disclose your contact information under the Privacy Policy. If you post any User Content to the Site, by electronic mail or otherwise, we will treat it as non-confidential and non-proprietary to you. When we say in these Terms “post” we mean the provision of information to the Site through features of the Site that are used to make information available to other members of the public (e.g., bulletin boards, chat rooms, etc.). Information that is posted to the Site shall not be subject to the Privacy Policy and may be publicly displayed and disclosed and otherwise used by Metra or any third party in any way. By posting User Content to the Site, you authorize us to use or allow others to distribute, reproduce or otherwise use such User Content. You should not post information about yourself on the Site that can be used to identify or contact you, including, but not limited to, your name, home or work address, phone numbers, e-mail address or other such information. If you post such information, Metra cannot prevent it from being used in a manner that violates these Terms, the law, or your personal privacy and safety. By posting such information on the Site, you violate these Terms, and you assume the risks and sole liability for the results of such posting.

Metra is not liable for any lost data resulting from the operation of the Site or the enforcement of the Terms. We urge all users to maintain their own backup versions of any User Content or other information they submit to the Site.

U.S. Export Controls

This Site and software derived from this Site is further subject to United States export controls. No software from this Site may be downloaded or otherwise exported or re-exported: (i) into (or to a national or resident of) Cuba, Iraq, Libya, North Korea, Iran, Syria, or any other Country to which the U.S. has embargoed goods; or (ii) to anyone on the U.S. Treasury Department’s list of Specially Designated Nationals or the U.S. Commerce Department’s Table of Deny Orders. By downloading or using the Site or any software derived there from, you represent and warrant that you are not located in, under the control of, or a national or resident of any such country or on any such list.

Copyright Policy

We will terminate the privileges of any user who uses this Site to unlawfully transmit copyrighted material without a license, express consent, valid defense or fair use exemption to do so. In particular, users who submit User Content to this Site, whether articles, images, stories, software or other copyrightable material, must ensure that the User Content they upload does not infringe the copyrights or other rights of third parties (including, but not limited to, trademark, trade secret, privacy or publicity rights). After proper notification by the copyright holder or its agent to us, and confirmation through court order or admission by the user that they have used this Site as an instrument of unlawful infringement, we will terminate the infringing users' rights to use and/or access to this Site. We may, also in our sole discretion, decide to terminate a user's rights to use or access to the Site prior to that time if we believe that an alleged infringement has occurred.

DMCA Notices

It is Metra’s policy to respond to notices of alleged infringement that comply with the Digital Millennium Copyright Act, (“DMCA”) 17 U.S.C. §512. Copyright-infringing materials found on the Site can be identified and removed pursuant to Metra’s compliance process. You agree to comply with that process in the event you are involved in any claim of copyright infringement to which the DMCA may be applicable. For more information on this subject, please see Metra’s DMCA Notice Guidelines. Metra reserves the right to terminate without notice any user’s access to the Site if the user is determined to be a “repeat infringer.” A repeat infringer is a user who has been notified by Metra of infringing activity violations more than twice and/or has had User Content removed from the Site more than twice.

License Terms

You have a non-exclusive, limited, revocable license to visit and use the Site while you are in compliance with the Terms of Use, Purchase Policy, and all other conditions and limitations described for use of the Site. Nothing in this license, or in the Site, shall be construed as granting you any other rights or privileges of any kind with respect to the Site or any content on the site.

Release, Waiver and Limitation on Liability

As a condition of access to the Site, you fully waive and release Metra and Metra shareholders, partners, affiliates, directors, officers, parents, subsidiaries, employees, agents, suppliers, licensees, and distributors from any and all claims, demands and damages of every kind and nature, whether known or unknown, suspected or unsuspected, disclosed or undisclosed, arising out of or in any way connected with your use of the Site, other users’ use of the Site, User Content posted on the Site, and any dispute you have or claim to have against Metra and its affiliates or one or more users on the Site.

You acknowledge that you may have or may in the future have claims against Metra which you do not know or suspect to exist in your favor when you agreed to these Terms and which if known, might materially affect your consent to these Terms.

Disclaimers

METRA DOES NOT PROMISE THAT THE SITE WILL BE ERROR-FREE, UNINTERRUPTED, OR THAT IT WILL PROVIDE SPECIFIC RESULTS FROM USE OF THE SITE OR ANY CONTENT, SEARCH OR LINK ON IT. THE SITE AND ITS CONTENT ARE DELIVERED ON AN “AS-IS” AND “AS-AVAILABLE” BASIS. METRA CANNOT ENSURE THAT FILES YOU DOWNLOAD FROM THE SITE WILL BE FREE OF VIRUSES OR CONTAMINATION OR DESTRUCTIVE FEATURES. METRA DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING ALSO ANY IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. METRA WILL NOT BE LIABLE FOR ANY DAMAGES OF ANY KIND ARISING FROM THE USE OF THIS SITE, INCLUDING WITHOUT LIMITATION, DIRECT, INDIRECT, INCIDENTAL, OR PUNITIVE AND CONSEQUENTIAL DAMAGES. METRA MAKES NO GUARANTEE OF ANY SPECIFIC RESULT FROM USE OF THIS SITE OR USE OF THE METRA SERVICE.

METRA DISCLAIMS ANY AND ALL LIABILITY FOR THE ACTS, OMISSIONS AND CONDUCT OF ANY THIRD-PARTY USERS, METRA USERS, ADVERTISERS AND/OR SPONSORS ON THE SITE, IN CONNECTION WITH THE METRA SERVICE OR OTHERWISE RELATED TO YOUR USE OF THE SITE AND/OR THE METRA SERVICE.

Without limiting the foregoing, you may report the misconduct of users and/or third-party advertisers, service and/or product providers referenced on or included in the Site to Metra at 312-542-8382. Metra may investigate the claim and take appropriate action, in its sole discretion.

Limitation on Liability

IN NO EVENT WILL METRA BE LIABLE TO YOU FOR ANY INDIRECT, CONSEQUENTIAL, EXEMPLARY, INCIDENTAL, SPECIAL OR PUNITIVE DAMAGES, OR FOR TRAVEL EXPENSES, LOST PROFITS, REVENUES OR BUSINESS OPPORTUNITIES, EVEN IF METRA HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

Governing Law

By visiting or using the Site, you agree that the laws of the state of Illinois will govern these Terms, and any dispute of any sort that might arise between you and Metra which is in any way related to your use of the Site. The Circuit Court of Cook County, Illinois shall have exclusive jurisdiction to hear any dispute arising between you and Metra and venue shall be proper there, or, if such court is without jurisdiction, the United States District Court for the Northern District of Illinois shall have exclusive jurisdiction and venue.

Informal Dispute Resolution Procedure

By using the Site, you agree to comply with and be bound by Metra's Informal Dispute Resolution procedure (described below) prior to commencing any judicial proceeding against Metra arising from or related to your use of the Site. YOU AGREE AND ACKNOWLEDGE THAT IN THE EVENT ANY TYPE OF A DISPUTE BETWEEN YOU AND METRA SHOULD ARISE WHICH IS IN ANY WAY RELATED TO YOUR USE OF THE SITE AND/OR THE TICKETS AND/OR THE SERVICES PROVIDED THROUGH THE USE OF THE SITE, YOU WILL FOLLOW THE STEPS OUTLINED BELOW BEFORE ANY JUDICIAL PROCEEDING MAY BE FILED BY YOU. YOU FURTHER ACKNOWLEDGE, UNDERSTAND AND AGREE THAT YOUR FAILURE TO COMPLY WITH THE STEPS LISTED BELOW WILL RESULT IN YOUR WAIVING THE RIGHT TO FILE ANY JUDICIAL PROCEEDING OR LAWSUIT AS TO ANY MATTER OR ISSUE WHICH IN ANY WAY RELATES TO YOUR USE OF THE SITE AND/OR THE TICKETS AND/OR SERVICES PROVIDED THROUGH THE USE OF THE SITE.

Within 45 days of an occurrence giving rise to your claim against Metra, you will provide, in writing, notice to Metra's designated agent identified below, the following information:

A description of the nature of the claim
The date of the occurrence giving rise to the claim
All available documentation supporting your claim
A statement of the monetary amount, if any, claimed
Name, address, phone number and e-mail address of the person or persons making the claim.

You and Metra agree that Metra shall have six months from the date of receipt of your written notice to attempt to resolve your claim with you. If the claim remains unresolved after that time, you may initiate judicial proceedings as provided under these Terms but in no event shall that judicial proceeding or lawsuit be filed later than one year after the date of the incident or occurrence giving rise to your dispute. YOU UNDERSTAND, ACKNOWLEDGE AND AGREE THAT YOUR FAILURE TO FOLLOW THE STEPS OUTLINED ABOVE PRECLUDES YOU FROM FILING ANY SUIT AGAINST METRA RELATING TO YOUR USE OF THE SITE OR SERVICES PROVIDED THROUGH THE SITE. YOU UNDERSTAND, ACKNOWLEDGE AND AGREE THAT IN NO EVENT SHALL ANY LAWSUIT BE FILED AGAINST METRA RELATING TO YOUR USE OF THE SITE AND/OR THE SERVICES PROVIDED THROUGH THE SITE AFTER ONE YEAR FROM THE DATE OF THE INCIDENT OR OCCURRENCE REGARDLESS OF ANY STATUTE OF LIMITATIONS OR OTHER LIMITATIONS PERIOD PROVIDED BY LAW.

Metra’s designated agent for receipt of notice of your claim is:

Metra Law Department

547 West Jackson Boulevard

15-E

Chicago, IL 60661

Indemnity

You agree to defend, indemnify and hold Metra and its affiliates, and each of Metra’s and its affiliates’ respective officers, agents, employees, contractors and principals, harmless from any loss, liability, claim or demand, including reasonable attorneys’ fees, made by any third party due to or arising out of your use of the Site, including also your use of the Site to upload content or other information to the Site.

Servicemarks

Contact Us

If you have any questions about these Terms, please contact us by phone or U.S. mail at the following address:

Metra Law Department
547 West Jackson Boulevard
15-E
Chicago, IL 60661
Phone: 312-542-8379

Severability

If any portion of these Terms is found to be unenforceable or contrary to law, it will be modified to the least extent necessary to make it enforceable, and the remaining portions of these Terms will remain in full force and effect.

No Waiver

The waiver by any party of any breach of covenant will not be construed to be a waiver of any succeeding breach or any other covenant. All waivers must be in writing, and signed by the party waiving its rights.

Entire Agreement

These Terms, together with any other documents incorporated herein, constitute the entire agreement between the parties with respect to its subject matter, and supersedes all prior agreements, proposals, negotiations, representations or communications relating to the subject matter.

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