OnStation Privacy Policy
Effective Date: 8/3/2020
Thank you for visiting the Projitech, Inc., d/b/a OnStation ("OnStation") website www.onstationapp.com (the "Site"), contacting OnStation, and/or using any OnStation mobile applications or services (the “Services”). This Privacy Policy is intended to describe how OnStation handles information that you provide, or that we learn about the individuals who: visit our website, contact us by mail, email or telephone or in person, or who provide us with information through any other means. We recommend that you carefully review this policy before providing us with any information. By accessing and using this Site, you agree to this Privacy Policy and our Terms of Use.
BY VISITING OR USING THE SERVICES, YOU EXPRESSLY CONSENT TO THE PROCESSING OF YOUR PERSONAL INFORMATION ACCORDING TO THIS PRIVACY POLICY. IF YOU DO NOT AGREE WITH OUR POLICIES AND PRACTICES, YOUR CHOICE IS TO NOT USE THE SERVICES. YOUR PERSONAL INFORMATION MAY BE PROCESSED IN THE COUNTRY WHERE IT WAS COLLECTED AS WELL AS OTHER COUNTRIES (INCLUDING THE UNITED STATES) WHERE LAWS REGARDING PROCESSING OF PERSONAL INFORMATION MAY BE LESS STRINGENT THAN THE LAWS IN YOUR COUNTRY. BY UPLOADING PERSONAL INFORMATION TO THE SERVICES YOU WARRANT THAT YOU HAVE THE RIGHT TO TRANSFER SUCH INFORMATION OUTSIDE YOUR COUNTRY AND INTO THE UNITED STATES.
Children’s Privacy
The OnStation website and Services are not intended for children under the age of 13 and OnStation does not knowingly collect any information from children under 13 years old through its website. If the parent or guardian of a child under 13 believes that the child has provided us with any information, the parent or guardian of that child should contact us if they want this information deleted from our files. If OnStation obtains knowledge from any source that it has information about a child under 13 in retrievable form in its files, we will delete that information from our existing files.
What Information does OnStation Collect and How is it Used?
Personal Information
OnStation will only collect Personal Information that you voluntarily provide to us or our service providers. When you register to use the Services, may collect Personal Information such as your name, mailing address, e-mail address, telephone number, employer, job title and your interest in specific types of products and/or services. You may also voluntarily provide Personal Information when you choose to engage in the following activities:
· purchase a supplier or buyer membership;
· purchase a product or service;
· request information;
· participate in a survey;
· interact with our social media pages;
· subscribe to one of our newsletters;
· participate in other activities offered by OnStation that require your Personal Information; or
· post content where permitted on our website or our other online locations.
We also collect your location data when you enable the mobile app to collect that data or otherwise use the Services to identify locations.
Purchase Information
OnStation uses Stripe, a secure payment provider, to process your payments if you use the Services to make a purchase. Your payment information is subject to the privacy policy and terms of use of Stripe. We recommend you review these policies before uploading any credit card information. OnStation does not have access to your credit card information and does not store this information on our servers.
Communications with Other Users
You may also choose to share or upload additional information, such as videos, photos, maps, plans or other content (“User Content”) or send messages linked to your name, employer and title to other users of the Services. If you share information over the Services with any third party that third party will be able to use the information in the same manner as if you submitted the information directly to that third party. Sharing information on the Services is entirely voluntary on your part and we recommend you carefully consider the information you choose to make available to third parties. PLEASE NOTE: If you are using the Services as an authorized user of a subscriber (such as your employer) your subscriber may view all User Content you upload or share on the Services, including the content of messages you send to other users of the Services.
Non-Personal Information
Like most website operators, OnStation collects non-personally-identifying information of the sort that web browsers and servers typically make available, such as the browser type, language preference, referring site, and the date and time of each visitor request when visitors use the Services. OnStation’s purpose in collecting non-personally identifying information is to better understand how OnStation’s visitors use the Services. From time to time, OnStation may release non-personally-identifying information in the aggregate, e.g., by publishing a report on trends in the usage of its Services. OnStation also collects potentially personally-identifying information like Internet Protocol (IP) addresses and may collect statistics about the behavior of visitors to the Services. For instance, OnStation may monitor the Services to help identify spam. We also may use these technologies to collect information about your online activities over time and across third-party websites or other online services (behavioral tracking).
In addition to log data, we may also collect information about the device you’re using to access the Services, including the type of device, the operating system, device settings, device identifiers and crash data. Whether we collect some or all of this information often depends on what type of
device you’re using and its settings. To learn more about the information your device makes available to us, please review the policies of your device manufacturer or software provider.
We do not collect personal information automatically, but we may tie this information to personal information about you that we collect from other sources or you provide to us.
How we use your information
We use the information we collect to provide you full access and functionality of the Services. Accordingly, your information may be used for the following purposes: (i) to provide and improve our services, features and content; (ii) to administer your use of our services and accounts; (iii) to enable users to enjoy and easily navigate the Services; (iv) to better understand your needs and interests; (v) to fulfill requests or to respond to questions or comments you may make; (vi) to personalize your experience; (vii) to provide you with announcements, notifications and advertisements related to your interests and use of the Services and other communications such as electronic newsletters, promotional e-mails or similar messaging; (viii) to provide service announcements; (ix) to protect against users seeking to hack into the Services; (x) to assess the level of general interest in the Services and (xi) for any other purpose with your consent.
With Whom Do We Share Your Information?
Personal Information
OnStation may share Personal Information with certain third parties such as our agents, service providers and other representatives acting on our behalf. The third parties with whom we conduct business are authorized to use your information only to perform the service for which they are hired. They are required to abide by the terms of our Privacy Policy including taking reasonable measures to ensure your personal information is secure. On occasion, we contract with trusted third-party providers who would receive your Personal Information and conduct anonymized aggregate analyses of the data. Through our contractual arrangements, we require our contracting partners to maintain adequate security of Personal Information provided to them. We do not permit such third parties to sell your Personal Information to other third parties.
Other Ways We May Share your Personal Information
We may disclose non-personally identifiable aggregated information about our users without restriction.
As provided above, we may share the entire contents of a project file, including User Content and communications with the subscriber that has authorized users to access that project.
Other than to its employees, contractors and affiliated organizations or as described above, we disclose personally-identifying only when required to do so by law, or when we believe in good faith that disclosure is reasonably necessary to protect the property or rights of OnStation, third parties or the public at large. If you send us a request (for example via chat, a support email or via one of our feedback mechanisms), we reserve the right to publish it in order to help us clarify or respond to your request or to help us support other users.
In addition, in some cases we may choose to buy or sell assets. In these types of transactions, user information is typically one of the business assets that is transferred. Moreover, if OnStation or substantially all of its assets were acquired, or in the unlikely event that OnStation goes out of business or enters bankruptcy, user information would be one of the assets that is transferred or acquired by a third party. You acknowledge that such transfers may occur, and that any acquirer of OnStation may continue to use your personal and non-personal information only as set forth in this policy. Otherwise, we will not rent or sell potentially personally-identifying and personally- identifying information to anyone.
We may also disclose your personally-identifying information if you expressly consent to the disclosure.
Security
We are committed to protecting your Personal Information. We regularly test our facilities and use a variety of security technologies and procedures to help protect your personal information from unauthorized access, use or disclosure.
We Do Not Sell Your Personal Information
OnStation does not, to the best of our knowledge, sell or rent personal information that we have collected or retain about you to any other third-party for any purpose. Accordingly, we do not offer individuals the ability to “opt-out” of the selling or renting of personal information because we do not engage in those practices.
Our Data Retention Criteria
The period during which we store your personal information varies depending on the purpose for the processing. For example, we store personal information needed to provide you with products and services, or to facilitate transactions you have requested, for so long as you are a customer of OnStation. We store your personal information for marketing purposes until you have opted-out of receiving further direct marketing communications in accordance with applicable law. In all other cases, we store your personal information for as long as is needed to fulfill the purposes outlined in this Privacy Policy, following which time it is either anonymized (where permitted by applicable law), deleted or destroyed.
Our Use of Cookies and Analytical Tools
Cookies are text files containing small amounts of information which are downloaded to your hard disk or to your browser's memory when you visit one of our Sites. Cookies are useful because they help arrange the content and layout of our Sites and allow us to recognize those computers or other devices that have been to our Sites before. Cookies do many different jobs, such as allowing our Sites to remember your preference settings and helping us to enhance the usability and performance of our Sites and your experience using them. Our Sites also may contain electronic images known as web beacons – sometimes called single-pixel gifs – that allow us to count the number of users who have visited specific pages. We may also include web beacons in promotional
e-mail messages or newsletters in order to determine whether messages have been opened and acted upon. The type of cookie or similar technology that may be used on our Sites can be categorized as follows: Strictly Necessary, Performance, Functionality & Profile and Advertising.
· Strictly Necessary Cookies. These cookies are essential for basic functionalities of the Site, and they enable you to move around our Sites and use their features, particularly in connection with information searches and order placement. Without these cookies, services you have asked for cannot be provided. These cookies do not gather information about you that could be used for marketing or remembering where you have been on the internet. Examples of strictly necessary cookies are a shopping basket cookie, which is used to remember the products that you wish to purchase when you add products to your shopping basket or proceed to checkout, a login/ authentication cookie which allows and manages your login to the Site and identifies you after logging in for a single session, a session cookie which is required to carry out the data transmission and provide the Site to you, a security cookie that detects repeat failed login attempts or similar abuses of the Sites. These types of cookies are regularly stored only as long as required for their purpose.
· Performance Cookies. These cookies collect information about how you use our Sites, for example which pages you go to most often and if you get any error messages from certain pages. These cookies collect information that is used to improve how our Sites work. Without these cookies we cannot learn how our Sites are performing and make relevant improvements that could better your browsing experience. Examples of performance cookies that our Sites use include cookies from Google and Adobe Analytics (see further discussion below).
· Functionality & Profile Cookies. These cookies allow our Sites to store information that you provide, such as preferences, and to store technical information useful for your interactions with our Sites. For instance, they remember your user ID and elements of your user profile. They also ensure that your experience using the Sites is relevant to you. They may also be used to provide services you have asked for such as watching a video or commenting on a blog. These cookies will not be used to track your browsing activity on other websites. Without these cookies, a website cannot remember choices you have previously made or personalize your browsing experience. For example, we use a cookie to store your language preferences, which allows us to present you with product search results in the correct language, and we use a cookie to store your choice about the appearance of the cookie information banner that we display on our Sites. This cookie will help us remember your choice about the appearance of the cookie information banner when you subsequently visit the same site where you made your choice about the banner and any other OnStation sites with the same domain or the same top- level domain.
· Advertising Cookies and Similar Technologies. These cookies or similar technologies may be used to deliver advertisements that are more relevant to you and your interests. They may also be used to limit the times you see an advertisement as well as help to measure the effectiveness of the advertising campaign. These cookies may track your visits to other websites. Without these cookies or other technologies, online advertisements you encounter will be less relevant to you and your interests.
Setting your cookie preference
You can usually modify your browser settings to decline cookies and you can withdraw your consent at any time by modifying the settings of your browser to reject or disable cookies or by opting out of specific cookies through the opt-out options shared below. If you choose to decline cookies altogether, you may not be able to fully experience the features of the Sites that you visit.
Our use of web analytics
We use different analytic tools which serve the purpose of measuring, analyzing and optimizing our marketing measures and provide you with customized advertisements that could be of particular interest to you. In particular, we use the following tools:
· Google Analytics uses cookies which enable an analysis of your use of the Sites. The information collected (IP address, browsing activities and other data linked to your usage of the Sites) is usually transferred to a Google server in the USA and stored there. You can prevent Google Analytics from recognizing you on return visits to the Sites by disabling cookies on your browser. To see how you can opt-out of certain Google features, visit: Google Analytics Opt Out Link.
· Amazon Web Services
· PubNub to support our chat features
· Flurry/Pinpoint to collect analytics during mobile app use.
· Esri provides GIS and mapping functions
These third-party service providers have their own privacy policies addressing how they use such information.
Your Rights and Responsibilities
You are permitted, and hereby agree, to only provide personal information to OnStation if such personal information is accurate, reliable, and relevant to our relationship and only to the extent such disclosure will not violate any applicable data protection law, statute, or regulation.
You may have certain rights under applicable data protection law with respect to personal information about you that is collected through the Sites or when you contact or otherwise engage with us. To exercise any of these data privacy rights, please contact us, or have your authorized agent contact us, in accordance with the “Contact Us” section listed below. In the event you submit, or your authorized agent submits on your behalf, a data request, you (and your authorized agent) hereby acknowledge and agree, under penalty of perjury, that you are (or the authorized agent of) the consumer whose personal information is the subject of the request. We will respond to any
data requests within the timeframes required by law, and we may charge a fee to facilitate your request where permitted by law.
Marketing. You have the right to opt-out of receiving electronic direct marketing communications from us. All electronic direct marketing communications that you may receive from us, such as e-mail messages, will give you an option of not receiving such communications from us in the future.
California Privacy Rights. California Civil Code Section § 1798.83 permits users of the Sites that are California residents to request certain information regarding our disclosure of personal information to third parties for their direct marketing purposes. Pursuant to the California Consumer Privacy Act of 2018, as amended (“CCPA”), California residents may have certain data privacy rights, such as the right to be notified about what personal information categories are collected about you, and our intended use and purpose for collecting your personal information. You have the right to request access to your personal information and, to the extent feasible, request that it be transmitted in certain forms and formats. You may have the right to request that we (and any applicable service provider) delete your personal information. You have the right not to be subject to discrimination for asserting your rights under the CCPA. If you make, or an authorized agent on your behalf makes, any request related to your personal information, OnStation will ascertain your identity to the degree of certainty required under the CCPA before addressing your request. OnStation may require you to match at least three pieces of personal information we have previously collected from you before granting you access or otherwise responding to your request.
Do Not Track. Some web browsers may transmit “do-not-track” signals to the Sites with which the user communicates. Because of differences in how web browsers incorporate and activate this feature, it is not always clear whether users intend for these signals to be transmitted, or whether they even are aware of them. We currently do not take action in response to these signals.
European Union (EU) Privacy Disclaimer
OnStation processes personal information in accordance with the legal bases set forth in the EU General Data Protection Regulation (GDPR) or EU Member State law. For example, our processing of Personal Data on individuals (as described above) is justified based on statutory provisions that (1) processing is based on the consent; (2) processing is necessary for OnStation’s legitimate interests as set out herein; (3) processing is necessary for the performance of a contract to which you are a party; and, (4) OnStation is required to comply with a legal or statutory obligation in the EU or a Member State. If you are in the EU or afforded protection under the GDPR, you may have certain rights with respect to the Personal Data. To the extent permitted by applicable data protection laws, you may access the Personal Data we hold about you; request that inaccurate, outdated, or no longer necessary information be corrected, erased, or restricted; and, request that we provide your Personal Data in a format that allows you to transfer it to another service provider. You also may withdraw your consent at any time where we are relying on your consent for the processing of your Personal Data. You may object to our processing of your Personal Data where that processing is based on our legitimate interest. You have the right to lodge a complaint with your competent data protection authority. OnStation transfers personal data
outside the EU in accordance with standard contractual clauses adopted by the European Commission, or other approved safeguards (e.g., Privacy Shield, consent). If you wish to exercise any of these rights, please contact us in accordance with the instructions provided below.
Nevada Privacy Disclaimer
Pursuant to Nevada law, a Nevada “consumer” (as the term is defined therein), may, at any time, submit a verified request through a designated request address to an “operator” directing the operator not to make any sale of his or her personal information that the operator has collected or will collect about the consumer. For clarity purposes, OnStation does not sell or exchange your personal information for monetary consideration to a third party for the third party to license or sell the information to additional persons or parties.
Links to Third-Party Websites
The Services may contain links to other sites that are not operated by us. If you click on a third- party link, you will be directed to that third party's site. We strongly advise you to review the Privacy Policy of every site you visit.
We have no control over, and assume no responsibility for the content, privacy policies or practices of any third-party sites or services.
Changes to This Privacy Policy
We may occasionally update this Privacy Policy. When we do, we will revise the "last updated" date at the top of the Privacy Policy and take such additional steps as may be required by law.
Contact Us
If you have questions regarding this Privacy Policy, our handling of your personal information, or would like to request more information or exercise a data right, please contact us using on the webpage at www.onstationapp.com or by email at: support@projitechinc.com.
OnStation Terms of Use
Effective: 8/3/2020
These Terms of Use (“Terms”) govern your access to and use of the www.onstationapp.com website (the “Website”) and the OnStation mobile applications and Services (collectively, the “Services”). You agree that by visiting the Services or by registering or using the Services, you are entering a legally binding agreement with Projitech, Inc. d/b/a OnStation, located at 7100 Euclid Ave, Suite 225, Cleveland, Ohio 44022 (“OnStation”) based on the Terms and the Privacy Policy, which is hereby incorporated by reference (collectively referred to as the “Agreement”). Your access to and use of the Services are conditioned on your acceptance of and compliance with the Agreement. By accessing or using the Services you agree to be bound by the Agreement.
1. Basic Terms
OnStation provides access to tools and applications that can be used to plan projects and reference locations used in various road construction projects. The OnStation tools are only to be used to create reference points and for to provide general information. The accuracy of the maps and other tools are limited by: (i) the accuracy of your phone or other device you are using to access the Services; (ii) conversion between software files; (iii) electronic media degradation, errors in format translations, file corruptions, operator inexperience and file modification; (iv) an internal margin of error equivalent to approximately 5-10 feet (or more); and (v) the accuracy of the maps, plans, designs or other information uploaded by you or other third-parties. Information regarding locations of infrastructure, pipes, gas lines, wires or other natural or man-made elements or hazards is based on information currently available by various sources and has not been verified or checked for accuracy by OnStation. You are solely responsible for verifying any information that may impact your project plan. Any reliance on information you learn, view, transmit or create on the Services is at your own risk. You expressly agree that OnStation will not be responsible for any damages or losses that occur as a result of your reliance on information from the Services and you understand that you have a responsibility to indemnify OnStation for damages caused by your reliance on such information as provided in Section 8 below.
You are responsible for your use of the Services and for any consequences thereof. You may use the Services only if you can form a binding contract with OnStation and are not a person barred from accessing the Services under the laws of the United States or other applicable jurisdiction. If you are under 18 years of age you may only access or use the Services under the direct guidance and supervision of a parent or guardian who has accepted the Agreement on your behalf. If you are under 13 years of age you may not use the Services for any reason. Please contact us if you are aware that a person under 13 is using the Services. You may use the Services only in compliance with these Terms and all applicable local, state, national, and international laws, rules and regulations.
The Services are always evolving and the form and nature of the Services may change from time to time without prior notice to you. In addition, OnStation may stop (permanently or temporarily) providing the Services (or any features within the Services) to you or to users generally and may not be able to provide you with prior notice. We also retain the right to create limits on use and storage at our sole discretion at any time without prior notice to you.
The Services may include advertisements, which may be targeted to the content or information on the Services, queries made through the Services, or other information. The types and extent of advertising on the Services are subject to change. In consideration for OnStation granting you access to and use of the Services, you agree that OnStation, third party providers and partners may place such advertising on the Services or in connection with the display of content or information from the Services whether submitted by you or others.
2. Privacy
Any information that you provide to OnStation is subject to our Privacy Policy, which governs our collection and use of your information. You understand that through your use of the Services you consent to the collection and use (as set forth in the Privacy Policy) of this information, including the transfer of this information to the United States and/or other countries for storage, processing and use by OnStation. As part of providing you the Services, we may need to provide you with certain communications, such as service announcements and administrative messages. These communications are considered part of the Services and your OnStation account, which you may not be able to opt-out from receiving.
3. Passwords
You are responsible for safeguarding the password or credentials that you use to access the Services and for any activities or actions under your account. We encourage you to use “strong” passwords (passwords that use a combination of upper and lower case letters, numbers and symbols) with your account and with other accounts that you may connect to your OnStation account. OnStation cannot and will not be liable for any loss or damage arising from your failure to comply with the above requirements. You agree to notify us immediately upon becoming aware of any breach of security or unauthorized use of your account.
You may not use as a username the name of another person or entity or a name or trademark that is subject to any rights of another person without appropriate authorization. You may not use as a username any name that is offensive, vulgar or obscene.
4. Content on the Services
Please be aware that OnStation does not verify the accuracy any information available on the Services. Any use or reliance on any information you obtained through the Services is at your own risk. You understand that by using the Services, you may be exposed to content that might be offensive, harmful, inaccurate or otherwise inappropriate, or in some cases, postings that have been mislabeled or are otherwise
deceptive. Under no circumstances will OnStation be liable in any way for any content posted, emailed, transmitted or otherwise made available via the Services or broadcast elsewhere.
5. OnStation Rights
All right, title, and interest in and to the Services and any content available on the Services are and will remain the exclusive property of OnStation and its licensors. The Services and its content are protected by copyright, trademark, and other laws of both the United States and foreign countries. OnStation reserves all rights not expressly granted in these Terms. You acknowledge and agree that any feedback, comments, or suggestions you may provide regarding OnStation, or the Services are entirely voluntary and we will be free to use such feedback, comments or suggestions as we see fit and without any obligation to you.
6. Restrictions On Use Of The Services
We reserve the right at all times (but will not have an obligation) to suspend and or terminate users or reclaim usernames without liability to you.
You may not do any of the following while accessing or using the Services: (i) access, tamper with, or use non-public areas of the Services, OnStation’s computer systems, or the technical delivery systems of OnStation providers; (ii) probe, scan, or test the vulnerability of any system or network or breach or circumvent any security or authentication measures; (iii) access or search or attempt to access or search the Services by any means (automated or otherwise) other than through our currently available, published interfaces that are provided by OnStation (and only pursuant to those terms and conditions), unless you have been specifically allowed to do so in a separate agreement with OnStation (NOTE: scraping the Services without the prior consent of OnStation is expressly prohibited); (iv) forge any TCP/IP packet header or any part of the header information in any email or posting, or in any way use the Services to send altered, deceptive or false source-identifying information; or (v) interfere with, or disrupt, (or attempt to do so), the access of any user, host or network, including, without limitation, sending a virus, overloading, flooding, spamming, mail-bombing the Services, or by scripting the creation of content in such a manner as to interfere with or create an undue burden on the Services.
7. Ending These Terms
The Terms will continue to apply until terminated by either you or OnStation as follows.
You may end your legal agreement with OnStation at any time for any reason by deactivating your accounts and discontinuing your use of the Services. In order to deactivate your account, please contact us at support@projitechinc.com.
We may suspend or terminate your accounts or cease providing you with all or part of the Services at any time for any reason, including, but not limited to, if we reasonably believe:
(i) you have violated these Terms, (ii) you create risk or possible legal exposure for us; or
(iii) our provision of the Services to you is no longer commercially viable. We will make reasonable efforts to notify you by the email address associated with your account or through the Services the next time you attempt to access your account.
In all such cases, the Terms shall terminate, including, without limitation, your license to use the Services, except those Sections you would expect to survive termination.
Nothing in this section shall affect OnStation’s rights to change, limit or stop the provision of the Services without prior notice, as provided above.
8. Disclaimers, Limitations Of Liability and Indemnity
Please read this section carefully since it limits the liability of OnStation and its parents, subsidiaries, affiliates, related companies, officers, directors, employees, agents, representatives, partners, and licensors (collectively, the “OnStation Entities”). Each of the subsections below only applies up to the maximum extent permitted under applicable law. Some jurisdictions do not allow the disclaimer of implied warranties or the limitation of liability in contracts, and as a result the contents of this section may not apply to you. Nothing in this section is intended to limit any rights you may have which may not be lawfully limited.
A. The Services are Available “AS-IS”
Your access to and use of the Services are at your own risk. You understand and agree that the Services are provided to you on an “AS IS” and “AS AVAILABLE” basis. Without limiting the foregoing, THE ONSTATION ENTITIES DISCLAIM ALL WARRANTIES AND CONDITIONS, WHETHER EXPRESS OR IMPLIED, OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT.
The OnStation Entities make no warranty and disclaim all responsibility and liability for:
(i) any actions of OnStation users or contributors; (ii) the completeness, accuracy, availability, timeliness, security or reliability of the Services; (iii) any harm to your computer system, loss of data, or other harm that results from your access to or use of the Services, or any content; (iv) the deletion of, or the failure to store or to transmit, any content and other communications maintained by the Services; (v) whether the Services will meet your requirements or be available on an uninterrupted, secure, or error-free basis; (vi) any advice or information you receive through the Services, including without limitation, the location of man-made or natural infrastructure, the content or maps provided by third-party users, the information disclaimed in Section 1 above, and any other information that you use to evaluate or plan your project; and (vii) any injuries or harm you or a third party incurs as a result of information or advice received through the Services. No advice or information, whether oral or written, obtained from the OnStation Entities or through the Services, will create any warranty not expressly made herein.
B. Links
The Services may contain links to third-party services or resources. You acknowledge and agree that we are not responsible or liable for: (i) the availability or accuracy of such services or resources; or (ii) the content, products, or services on or available from such
services or resources. Links to such services or resources do not imply any endorsement by the OnStation Entities of such services or resources or the content, products, or services available from such services or resources. You acknowledge sole responsibility for and assume all risk arising from your use of any such services or resources.
C. Limitation of Liability
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE ONSTATION ENTITIES SHALL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR PUNITIVE DAMAGES, OR ANY LOSS OF PROFITS OR REVENUES, WHETHER INCURRED DIRECTLY OR INDIRECTLY, OR ANY LOSS OF DATA, USE, GOOD-WILL, OR OTHER INTANGIBLE LOSSES, RESULTING FROM (i) YOUR ACCESS TO OR USE OF OR INABILITY TO ACCESS OR USE THE SERVICES;
(ii) ANY CONDUCT OR CONTENT OF ANY THIRD PARTY ON THE SERVICES, INCLUDING WITHOUT LIMITATION, ANY DEFAMATORY, OFFENSIVE OR ILLEGAL CONDUCT OF OTHER USERS OR THIRD PARTIES; (iii) ANY CONTENT OBTAINED FROM THE SERVICES; OR (iv) UNAUTHORIZED ACCESS, USE OR ALTERATION OF YOUR TRANSMISSIONS OR CONTENT.
IN NO EVENT SHALL THE AGGREGATE LIABILITY OF THE ONSTATION ENTITIES EXCEED THE GREATER OF ONE HUNDRED U.S. DOLLARS (U.S. $100.00) OR THE AMOUNT YOU PAID ONSTATION, IF ANY, IN THE PAST SIX MONTHS FOR ACCESS TO THE SERVICES GIVING RISE TO THE CLAIM.
THE LIMITATIONS OF THIS SUBSECTION SHALL APPLY TO ANY THEORY OF LIABILITY, WHETHER BASED ON WARRANTY, CONTRACT, STATUTE, TORT (INCLUDING NEGLIGENCE) OR OTHERWISE, AND WHETHER OR NOT THE ONSTATION ENTITIES HAVE BEEN INFORMED OF THE POSSIBILITY OF ANY SUCH DAMAGE, AND EVEN IF A REMEDY SET FORTH HEREIN IS FOUND TO HAVE FAILED OF ITS ESSENTIAL PURPOSE.
D. Indemnification
To the extent not prohibited by law, you expressly agree to indemnify and hold harmless the OnStation Entities from and against any and all liabilities, expenses, damages and costs, including, but not limited to, reasonable attorneys’ fees and costs, related to all third party claims, charges and investigations related to (1) your failure to comply with the Terms; (2) your interactions with any other OnStation user; (3) any information or content you upload to the Services or share with another user via the Services; (4) your reliance on any information or content you learned about, transmitted through or otherwise related to the Services; and (5) your obligation to verify information you learned about on or through the Services as provided in Section 1.
9. GENERAL TERMS. Waiver and Severability
The failure of OnStation to enforce any right or provision of these Terms will not be deemed a waiver of such right or provision. In the event that any provision of these Terms is held to be invalid or unenforceable, then that provision will be limited or eliminated to
the minimum extent necessary, and the remaining provisions of these Terms will remain in full force and effect.
A. Controlling Law and Jurisdiction
These Terms and any action related thereto will be governed by the laws of the the state of Ohio without regard to or application of its conflict of law provisions or your state or country of residence. All claims, legal proceedings or litigation arising in connection with the Services will be brought solely in the federal or state courts located in Cuyahoga County, Ohio, United States, and you consent to the jurisdiction of and venue in such courts and waive any objection as to inconvenient forum. You agree that you may only bring claims against OnStation related to your use of the Services on an individual basis and not as a plaintiff or class member in any purported class or representative action or proceeding.
B. Entire Agreement
These Terms and our Privacy Policy are the entire and exclusive agreement between OnStation and you regarding the Services (excluding any service for which you have a separate agreement with OnStation that is explicitly in addition or in place of these Terms), and these Terms supersede and replace any prior agreements between OnStation and you regarding the Services.
We may revise these Terms from time to time, the most current version will always be at www.onstationapp.com/legal. If the revision, in our sole discretion, is material we will notify you via email to the email associated with your account or through the Services. If you do not wish to be bound by any such revisions to the Terms, you must end these Terms with us as set forth in Section 8 above. By continuing to access or use the Services after those revisions become effective, you agree to be bound by the revised Terms.
If you have any questions about these Terms, please contact us. Effective: 8/3/2020