IMPORTANT —
PLEASE READ:
This Privacy Policy describes the terms of our commitment to your
privacy.
PERSONS OR PARTIES
COVERED:
This Privacy Policy is intended to cover
all visitors to this Web site, all subscribers to lists or newsletters
whether paid or unpaid, all members or affiliates whether paid
or unpaid, and all customers. Persons who visit or view this Web
site, whether intentionally or unintentionally, whether solicited
or unsolicited, are described herein as "Visitors" and
are parties to this Privacy Policy. Subscribers to lists or Newsletters
are referred to herein as "Subscribers" and are parties
to the Privacy Policy. Persons who join an organization or marketing
endeavor (e.g. "affiliates") promoted by this Web site
are called "Members" herein and are covered by this
Privacy Policy. Finally, anyone who orders, attempts to order,
or receives a product sold (recipients) or advertised on or delivered
from this Web site, even at no cost, is called a "Customer"
herein and is subject to this Privacy Policy not only by passive
acceptance, but by virtue of the Purchase Agreement contract.
The Web site, its agents, owners, operators, and employees are
referred to collectively herein as "Web site," "Site,"
and/or "Seller".
PERSONS EXCLUDED FROM THIS
WEB SITE ARE STILL COVERED:
In the event that a person is excluded from
this Web site because of the Terms of Use or from denial of service
by the Web site, who nonetheless unlawfully views this site, that
person remains subject to the terms of this Privacy Policy and
is in violation of the Terms of Use.
PERSONS UNDER
16 YEARS OF AGE ARE EXCLUDED FROM THIS WEB SITE:
This Web site is not lawfully accessible
to persons under the age of 16 or who are otherwise covered by
the provisions of the Child Online Privacy Act of 1998 (COPA).
If you are under the age of 16 you must leave this site immediately.
Fraudulent use of this Web site may make you subject to civil
or criminal sanctions.
VIEWING AND/OR
USE AND/OR COMMUNICATION IS CONSTRUED AS ACCEPTANCE OF THE TERMS
OF THIS POLICY:
Acceptance of the terms of this Privacy
Policy is a portion of the consideration required for your right
to visit the Web site. If you do not accept these terms, you have
no right to visit this site and you are fraudulently using this
site.
ABOUT THE PERSONAL INFORMATION THIS WEB
SITE COLLECTS AND HOW IT IS USED:
This Web site routinely collects information
about its visitors, subscribers, members, and customers. This
information is obtained in various ways, such as:
VISITOR, SUBSCRIBER, MEMBER, OR CUSTOMER
INFORMATION OBTAINED FROM 'REGISTRATION'
Registration means
that the Visitor, Subscriber, Member or Customer takes active,
positive steps to communicate information to this Web site. This
can include pages or 'pop ups' where you register for a newsletter
or subscribe to a mailing list; it can include your participation
in visitor surveys; it can include requesting information from
the Web site via email, mail, or courier; it may be from joining
an affiliate program or other membership organization, paid or
unpaid; it may be from ordering a product or a service.
Occasionally complete credit card
information may be provided to the Web site via fax or a fill-in
form rather than regular secure merchant service processing. This
information is kept at the highest level of security and is never
divulged to anyone except the merchant service provider or for
the purpose of communication with the customer.
ORDERING OUR SERVICES:
Marin Shuttle does not provide online ordering
with SSL encrypted communication via shopping cart services supporting
merchant service companies like Visa and Master Card. Your credit
card numbers are provided by you to the driver at the time of
your travel. In the process of credit card payment, the customer
may provide, name, address, city, state, email address, phone
number, and CVV2 (back of card) number. You should consider all
this information available to Marin Shuttle . This information
is used to deliver the product/service, but under the Purchase
Agreement you also approve its use for general solicitation purposes.
VISITOR EMAIL INQUIRIES:
Web site visitors who wish to communicate
with the Web site do so under two conditions: one, they give their
permission for contact by the Web site; two, they are subject
to any 'submission' provisions of the Terms of Use, Purchase Agreement,
or this Privacy Policy. While your email address may or may not
be used to solicit you, it is added to the Web site's general
solicitation database.
CUSTOMER EMAIL OR TESTIMONIALS:
If you are a customer and send an email
to the Web site, or if you communicate with the site by phone
or mail, the Web site collects information about your communication
and by communicating with the site you give your permission to
collect, archive, retrieve, and otherwise use any information
collected as the Marin Shuttle sees fit.
Any communication which, in its
sole discretion, the site deems to be a testimonial, may be publicized
for commercial purposes.
INFORMATION OBTAINED FROM VISITOR INTERACTION
WITH BANNERS, POPUPS, OR SITE ADVERTISERS:
Visitors clicking on banners or pop-ups
or hyperlinked advertising, appearing on this Web site must assume
that information is being collected about them. This site is not
responsible for the use of information collected in such a fashion.
Visitors must assume that (1) information will be collected, (2)
that 'cookies' will usually be placed on their hard drive, (3)
that Marin Shuttle does not have any control over what happens
with this information, (4) that Web site takes no responsibility
over the accuracy or content of advertisers, (5) that Web site
is not responsible for downloads from third party advertisers
that contain viruses or worms or other computer code that causes
their computer or software harm, and (6) that Web site assumes
no responsibility for the data that is garnered from the click
itself or that the advertiser collects.
INFORMATION OBTAINED FROM REFERRING EMAIL
OR REFERRING URLS:
If you send a friend an email from this
site or if you send the url or one of our web pages to a friend,
you must assume that some data is collected about your IP address
or your email address and that of your friend. You must assume
that referred emails or web pages may appear to come from your
email. You must accept fully responsibility for referring pages
or email to a friend and agree to indemnify this site for any
damage, intentional or unintentional that results from said referrals.
INFORMATION OBTAINED FROM VOLUNTARY VISITOR,
SUBSCRIBER, MEMBER OR CUSTOMER SURVEYS:
Unless otherwise specified in the survey,
you must assume that any information provided to the Web site
as part of a survey in which you participate may be used for general
solicitation for commercial purposes and that such information
will be shared with joint venture partners, affiliates, marketing
organization or used by the site itself for product design or
solicitation purposes.
INFORMATION OBTAINED FROM ELECTRONIC MEANS
AND 'COOKIES':
Many Web sites, including this one, collect
information about your computer, your email address, your IP address.
You must assume that your web-viewing or web-use activity is monitored,
tracked, and information collected. This information is not usually
of a personal nature, but it may help define your viewing habits
and product preferences even though the Web site may or may not
have any idea who you are.
"Cookies" is web jargon
for bits of computer code placed on your hard drive. Web sites
use this to keep you 'logged in', to keep track of search criteria,
to monitor use, to password protect use of the site or use of
products sold by the site. Cookies can also be used to obtain
information about your computer configuration or your use of your
computer.
Cookies can be used to electronically
gather information about you. Again, it may or may not be personal
information, but it is information and by using this site you
are expressly giving permission to use 'cookies' and to use the
information gathered from their use to benefit you. You also give
permission to collect, archive, retrieve, and use any information
collected for product design, product offers to you, and general
commercial solicitation purposes by this site or joint venture
partners, affiliates, and marketing organizations.
HOW INFORMATION MAY BE USED:
The use of information as described below
may or may not be how information that is collected is customarily
used by this site. While actual use of any information collected
may be used quite conservatively, you must assume that it is not.
You must assume that information collected is shared with other
persons or entities for commercial purposes. While this is uncommon
in practice, you must assume that it is as you make your decision
whether or not to view or interact with this Web site. This type
of shared information may include your name, address, phone number,
email address and buying habits, as well as other information.
This information may be used for general commercial solicitation
by this Web site or other persons it is shared with.
INFORMATION THAT IS NOT SHARED:
Credit card information or other financial
information is not usually known to the Web site. However, in
the event that it is made known, that information is never revealed
to anyone except to processing authorities or law enforcement
agencies. However, the provider of such information gives express
permission to use it in fraud investigation or for litigation.
SPAM:
By providing to this Web site information
that forms the basis of communication with you, such as an email
address, you waive all rights to file complaints concerning unsolicited
email or spam from this Web site since, by providing such information,
you agree to receive communication from us or other marketing
organizations. However, all email communication with you shall
contain an 'unsubscribe' link where you may notify the Web site
that you no longer wish to receive solicitations or information
from the Web site and your name will be removed from the general
solicitation database.
DATA SECURITY:
This Web site takes measures to protect
its data that contains information related to you. However, as
a consideration for viewing this site or interacting with this
site in any manner, you waive all claims of any nature against
this site concerning the loss, alteration, or misuse of information.
You must assume that it is possible for your personal data to
be obtained by others, such as "hackers," and used in
an inappropriate manner that may cause you harm and that you agree
that the site is not responsible for damages to you.
QUESTIONS, COMMENTS, OR REPORT OF INCIDENTS:
You may direct questions, comments or reports
to: Contacting Marin Shuttle
REVISIONS TO THIS PRIVACY POLICY WITHOUT
NOTICE:
This Privacy Policy is dynamic. It will
continually change. You may not assume that it remains the same
and you agree to check the policy each time you visit the site
for changes. Unless, in the sole opinion of the Web site, this
policy changes so drastically as to suggest a posted notification
on the site or via email, you will receive no notification of
changes to this Privacy Policy nor, under any circumstances, does
this site promise notification. Your continued use of this site
always evidences your acceptance of the terms this Privacy Policy
or any modifications.
LATEST UPDATE:
This Privacy Policy was last updated on:
9/25/06
COPYRIGHT:
This Privacy Policy is used under license.
The copyright is owned by Marin Shuttle Inc.
DISPUTES:
As part of the consideration that the Web
site requires of the Visitor to view, use, or interact with this
site, Visitor agrees to use binding arbitration for any claim,
dispute, or controversy ("CLAIM") of any kind (whether
in contract, tort or otherwise) arising out of or relating to
this purchase, this product, including solicitation issues, privacy
issues, and terms of use issues.
Arbitration shall be conducted
pursuant to the rules of the American Arbitration Association,
which are in effect on the date a dispute is submitted to the
American Arbitration Association. Information about the American
Arbitration Association, its rules, and its forms are available
from the American Arbitration Association, 335 Madison Avenue,
Floor 10, New York, New York, 10017-4605. Hearing will take place
in the city or county of the Seller. (Marin County, California)
In no case shall the Visitor have
the right to go to court or have a jury trial. Visitor will not
have the right to engage in pre-trial discovery except as provided
in the rules; you will not have the right to participate as a
representative or member of any class of claimants pertaining
to any claim subject to arbitration; the arbitrator's decision
will final and binding with limited rights of appeal.
The prevailing party shall be
reimbursed by the other party for any and all costs associated
with the dispute arbitration, including attorney fees, collection
fees, investigation fees, travel expenses.
JURISDICTION AND VENUE:
If any matter concerning this purchase shall
be brought before a court of law, pre- or post-arbitration, Visitor
agrees to that the sole and proper jurisdiction to be the state
and city declared in the contact information of the web owner
unless otherwise here specified. (San Rafael, California) In the
event that litigation is in a federal court, the proper court
shall be the closest federal court to the Seller's address.
APPLICABLE LAW:
Visitor agrees that the applicable law to
be applied shall, in all cases, be that of the state of the Web
site owner(s).