Site Policies

The following Terms of Service (“Terms”) are a legal agreement between Tucson Transit Management LLC dba Sun Tran (collectively, “We,” “Us,” or “Our”) and You or Your third party designee (collectively, “You,” “Your,” or “Yourself”) relating to the access and use of Our website (www.suntran.com) or a mobile version thereof (collectively, the “Site”), and the access and use of services provided by the Site. By clicking on the “I ACCEPT” button below and/or by You accessing or using the Site or by accessing or using a service provided by the Site, You signify that You have read, understand and agree to be bound by these Terms. Please read these Terms carefully prior to using or obtaining any information, materials or services from Our website.

We reserve the right to update and change these Terms from time to time. We may not explicitly notify You of changes and as such, We encourage You to review these Terms from time to time as it is Your responsibility to regularly check this page to determine if there have been changes to these Terms and to review such changes. Your continued access or use of the Site after any such change constitutes Your acceptance of the new Terms.

The Site allows You to purchase and reload SunGO® Cards, purchase SunGO® Tickets, obtain information relating to Sun Tran bus fares, route maps and schedules, and any other feature and content available on the Site (collectively, the “Service”). You acknowledge and agree that the form and nature of the Service which We provide may change from time to time without prior notice to You. Unless explicitly stated otherwise, any new feature that augments or enhances the current Service, including the release of new tools and resources, shall be subject to these Terms.

The Site also allows You to create an account to register a SunGO® Card in order to obtain the SunGO® Card program benefits such as balance protection, one ride safety net, and Auto Buy (the “Registered SunGO® Card Service”). For SunGO® ID & Card holders, the SunGO® ID & Card is automatically registered when the SunGO® ID & Card is issued. As such, SunGO® ID & Card holders can access and use the Registered SunGO® Card Service. For clarity, a “Sun GO ID & Card” is different from a “SunGO® Card.” Only Our Special Services Office can issue a SunGO® ID & Card to qualifying passengers based on an approved application. Qualifying passengers for the SunGO® ID & Card are passengers who may qualify for the Economy Fare Program as a low-income rider, senior 65 years or older, Medicare Card holder, or a person with a disability.

You acknowledge and agree that the form and nature of the Registered SunGO® Card Service which We provide may change from time to time without prior notice to You. Unless explicitly stated otherwise, any new feature that augments or enhances the current Registered SunGO® Card Service, including the release of new tools and resources, shall be subject to these Terms.

You agree that We may for any reason, in Our sole discretion and without liability to You, refuse to accept a registration and also may delete a registration, and may terminate Your Registered SunGO® Card Service at any time.

You must provide Us with true, accurate, current and complete information about Yourself as prompted by the Registered SunGO® Card Service’s registration form, which may request information such as, but not limited to, Your SunGO® Card number and expiration date, valid names, mailing address, billing address, telephone number, e-mail address, valid credit card information, valid debit card information, and any billing information relating to other methods of payment. Additionally, You agree to inform Us of any changes to said requested information such as, but not limited to, Your SunGO® Card number and expiration date, valid names, mailing address, billing address, telephone number, e-mail address, valid credit card information, valid debit card information, and any billing information relating to other methods of payment.

You may be asked to choose a username and a password. You are responsible for maintaining the confidentiality of Your username and password, and are fully responsible for all activities that occur under Your username or password. You agree to (a) ensure that You exit from Your Registered SunGO® Card Service at the end of each session, and (b) immediately notify Us in writing of any unauthorized use of Your username or password or any other breach of security. We cannot and will not be liable for any loss or damage arising from Your failure to comply with this Section 4.

In consideration of use of the Registered SunGO® Card Service, You agree to: (a) provide true, accurate, current and complete information about Yourself as prompted by the Registered SunGO® Card Service’s registration form, and (b) maintain and promptly update the registration data to keep it true, accurate, current and complete. If You provide any information that is untrue, inaccurate, not current or incomplete, or We have reasonable grounds to suspect that such information is untrue, inaccurate, not current or incomplete, We have the right to suspend and terminate Your Registered SunGO® Card Service, Your registered SunGO® Card, and Your SunGO® ID & Card. In the event We suspend or terminate Your Registered SunGO® Card Service, Your registered SunGO® Card, or Your SunGO® ID & Card, we reserve the right to refuse issuance of a refund for the remaining balance on Your registered SunGO® Card or Your SunGO® ID & Card.

You agree that We, in Our sole discretion, and without liability to You, may refuse to accept a request for registration of Your SunGO® Card. We also may suspend and terminate Your Registered SunGO® Card Service, Your registered Sun GO Card, and Your SunGO ID & Card if is it is being used, as determined by Us in Our sole discretion, in association with violations of this agreement, illegal, inappropriate or objectionable activities. In the event We suspend or terminate Your Registered Sun GO Card Service, Your registered SunGO® Card, or Your SunGO® ID & Card, we reserve the right to refuse issuance of a refund for the remaining balance on Your registered SunGO® Card or Your SunGO® ID & Card.

If You cancel Your Registered SunGO® Card Service, Your cancellation will take effect immediately. After cancellation, You will no longer have access to Your Registered SunGO® Card Service or any data associated with Your Registered SunGO® Card Service and all information contained therein may be deleted by Us. We accept no liability for such deleted information or content.

If for any reason, including and without limitation, the lack of use, or Our unilateral determination that You violated or acted inconsistently with the letter or spirit of the Terms, We may suspend or cancel Your Registered SunGO® Card Service, Your registered SunGO® Card, or Your SunGO® ID & Card. You agree that any suspension or termination of Your Registered Sun GO Card Service, Your registered SunGO® Card, or Your SunGO® ID & Card, under any provision of these Terms may be affected without prior notice, and You acknowledge and agree that We may immediately deactivate or delete Your Registered SunGO® Card Service, as applicable, and all related information therein. We reserve the right to bar any further access to such related information, and Your Registered Sun GO Card Service. You agree that We shall not be liable to You or any third-party for any suspension or termination of Your Registered Sun GO Card Service, Your registered SunGO® Card, or Your SunGO® ID & Card.

You are responsible for destroying Your non-operational registered SunGO® Card or SunGO® ID & Card after notification. Failure to destroy Your non-operational registered SunGO® Card or SunGO® ID & Card may result in unauthorized use of Your registered SunGO® Card or Your SunGO® ID & Card which You will be responsible for.

If You enroll in the SunGO® Card Auto Buy benefit, You authorize Us to debit Your provided credit card or debit card on a regular basis a predetermined cash value when the value on Your registered SunGO® Card or Your SunGO® ID & Card is about to be depleted to a $0.00 balance, or in the alternative, debit Your provided credit card or debit card a cash value equal to the value initially used to purchase the selected pass type that is currently loaded on Your existing registered SunGO® Card or SunGO® ID & Card once Your current pass is about to expire, respectively. As a point of clarification, the SunGO® Card Auto Buy benefit cannot be used to purchase a separate, new SunGO® Card or a separate, new SunGO® Ticket. If You enroll in the SunGO® Card Auto Buy benefit, You agree that You will provide Us with updated credit card, debit card, or any other updated payment information upon Our request so that We can provide uninterrupted use of Your registered SunGO® Card or Your SunGO® ID & Card.

What This Privacy Policy Covers

This Privacy Policy covers how Tucson Transit Management/RATP Dev, d/b/a Sun Tran (collectively, ”We,” ”Us,” or ”Our”) treats personal information that You or Your third party designee (collectively, ”You,” ”Your,” or ”Yourself”) provide to Us through the Sun Tran website (www.suntran.com) or a mobile version thereof (collectively, the ”Site”). Information You provide to Us via the Site are used for the purposes of processing transactions relating to the online purchase or reload of Sun GO Cards, purchase of Sun GO Tickets, reload of Sun GO IDs & Cards, running and improving GTFS Data provided on the Site, and running and improving content and services provided by the Site. This notice tells You what personal information We collect, steps We take to protect and secure this information, how We use and share this information, and finally, how You can contact Us with questions or concerns.

Information We Gather

We collect personal information via the Site when You purchase Sun GO Cards or Sun GO Tickets online, when You reload Sun GO Cards, when You reload Sun GO IDs & Cards, when You register a Sun GO Card, when You enroll in Our Auto Buy benefit, or when You update billing information on an account enrolled in Our Auto Buy benefit. This information may include, but is not limited, to Your username, password, name, date of birth, mailing address, telephone number, and email address. This information will be stored on Our servers.

We may automatically receive and record information on Our server logs from Your browser, including Your IP address, cookies, and the pages You request.

We use information for the following general purposes: products and services provision, identification and authentication, services improvement, support, contact, research, and anonymous reporting.

If You intend to use the GTFS Data for purposes of creating and developing software including, but not limited to, mobile applications, web-based applications, and cloud computing-based applications, then You must register a Software Developer account with Us. Accordingly, as part of this registration process, We may collect personal information including, but not limited to, Your username, password, name, business name, address, telephone, and e-mail address. We use such personal information for the following general purposes relating to providing the GTFS Data: identification and authentication, maintenance, improvement, support, contact, research, and anonymous reporting.

Billing Information

For Your protection, Your billing information including, but not limited to, Your credit card number, debit card number, expiration date, pin number, security code, name, billing address, or any other billing information relating to other methods of payment in order to process Your online request to purchase Sun GO Cards or Sun GO Tickets, to reload Sun GO Cards, to reload Sun GO IDs & Cards, to enroll in Our Auto Buy benefit, or to update Your billing information on an account enrolled in Our Auto Buy benefit, will be received and processed by a third party online payment gateway. We do not store any of Your billing information on Our servers.

To the maximum extent allowed by law, We disclaim all liability for payments processed through the third party online payment gateway. If You enroll in Our Auto Buy benefit, then the third party online payment gateway will store Your billing information for as long as necessary to carry out the terms of Your enrollment in Our Auto Buy benefit.

IP Address

We may occasionally obtain IP addresses from You depending upon how You access the Site. IP addresses, browser, and session information may be used for various purposes, including to:

• Diagnose and prevent service or technology problems reported by Our users or engineers that are associated with the IP addresses controlled by a specific web company or ISP.
• Estimate the total number of users to the Site from specific geographical regions.
• Help determine which users have access privileges to certain content, services or resources that We offer.
• Monitor and prevent fraud and abuse.
• Conduct research to improve the transmission of the GTFS Data.

Cookies

• Require You to re-enter Your password after a certain period of time has elapsed to protect You against others accidentally accessing Your registered Sun GO Card account.
• Keep track of preferences that You specify while You are using the Site.
• Estimate and report Our total audience size and traffic.
• Conduct research to improve the content and services provided on the Site.
• Conduct research to improve the transmission of the GTFS Data.
• We may share Your personal information to respond to subpoenas, court orders, or legal process, to establish or exercise Our legal rights or, defend against legal claims and if in Our judgment in such circumstances disclosure is required or appropriate.
• We may share Your personal information if We believe it is necessary in order to investigate, prevent, or take action regarding illegal activities, suspected fraud, situations involving potential threats to the physical safety of any person, violations of Sun Tran Terms of Service or the Sun Tran General Transit Feed Specification (GTFS) Terms of Use, or as otherwise required by law.
• We may buy or sell all or part of Our business. In such transactions, personally identifiable information You have shared with Us is generally one of the business assets that will be transferred. The transferred personally identifiable information will remain subject to the promises made in this Privacy Policy or subsequent policies to which You have consented.

The Service and the Registered SunGO® Card Service may provide, or third parties may provide, links to other World Wide Web sites or resources. We have no control over and do not monitor such sites and resources. You acknowledge and agree that We are not responsible for the availability of such external sites or resources, and do not endorse and are not responsible or liable for any content, advertising, products, or other materials on or available from such sites or resources. You further acknowledge and agree that We shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any such content, goods or services available on or through any such site or resource.

You agree to indemnify and hold Professional Transit Management/Veolia Transportation, Inc., d/b/a Sun Tran, and its subsidiaries, affiliates, officers, directors, agents, co-branders or other partners, and employees, harmless from any claim or demand, including reasonable attorneys’ fees, made by any third party due to or arising out of Your access and use of the Service and the Registered SunGO® Card Service, Your connection to the Service and the Registered SunGO® Card Service, Your violation of the Terms, or Your violation of any rights of another, whether You are a registered SunGO® Card holder or not. You are responsible for Your actions when using the Service and the Registered SunGO® Card Service, including, but not limited to, costs incurred for Internet access.

You agree not to reproduce, duplicate, copy, sell, resell, outsource, reverse engineer or exploit any portion of the Service and the Registered SunGO® Card Service, use of the Service and the Registered SunGO® Card Service, or access to the Service and the Registered SunGO® Card Service, without the express written permission by Us.

We reserve the right at any time and from time to time to modify or discontinue, temporarily or permanently, the Service (or any part thereof) and the Registered SunGO® Card Service (or any part thereof) with or without notice at any time. You agree that We shall not be liable to You or to any third party for any modification, suspension or discontinuance of the Service (or any part thereof) and the Registered SunGO® Card Service (or any part thereof). Moreover, We may update the Service (or any part thereof) and the Registered SunGO® Card Service (or any part thereof) from time to time with new versions, bug fixes, etc. and You agree that in order to continue to use the Service (or any part thereof) and the Registered SunGO® Card Service (or any part thereof), Your computer equipment must be able to properly operate the Service (or any part thereof) and the Registered SunGO® Card Service (or any part thereof) with any updates and You agree to use these updates.

All content on the Site, including content available through the Service and the Registered SunGO® Card Service (the “Site Content”), are the proprietary property of Professional Transit Management/Veolia Transportation, Inc., d/b/a Sun Tran, its users or its licensors with all rights reserved. No Site Content may be modified, copied, distributed, framed, reproduced, republished, downloaded, scraped, displayed, posted, transmitted, or sold in any form or by any means, in whole or in part, without Our prior written permission. Provided that You are eligible for use of the Site, You are granted a limited license to access and use the Site and the Site Content and to download or print a copy of any portion of the Site Content to which You have properly gained access solely for Your personal, non-commercial use, provided that You keep all copyright or other proprietary notices intact. You may not upload or republish Site Content on any Internet, Intranet or Extranet site or incorporate the information in any other database or compilation, and any other use of the Site Content is strictly prohibited. Such license is subject to these Terms and does not permit use of any data mining, robots, scraping or similar data gathering or extraction methods. Any use of the Site or the Site Content other than as specifically authorized herein, without the prior written permission of Us, is strictly prohibited and will terminate the license granted herein. Such unauthorized use may also violate applicable laws including copyright and trademark laws and applicable communications regulations and statutes. Unless explicitly stated herein, nothing in these Terms shall be construed as conferring any license to intellectual property rights, whether by estoppel, implication or otherwise. This license is revocable at any time without notice and with or without cause.

With respect to any information You transmit to Us through the Site, including through the Service and the Registered SunGO® Card Service, You expressly agree that at any time and without notice to You, We can share any information You provided with law enforcement agencies for any reason We deem appropriate in which case, We may share Your name and contact information with law enforcement.

(a) your access or use of the service or your access or use the registered SunGO® card service is at your sole risk. The service and the registered SunGO® card service, any content, data, information, links, functionality or accessibility, is provided on an “as is” and “as available” basis. We expressly disclaim all warranties of any kind, whether express or implied, including, but not limited to the implied warranties of merchantability, fitness for a particular purpose and non-infringement.

(b) we will make reasonable efforts to maintain the service and the registered SunGO® card service, however, we are not responsible for any damage, loss of data, customer information or vendor data, revenue, or other harm to business arising out of delays, misdelivery or nondelivery of information, restriction or loss of access, bugs or other errors, unauthorized use due to your access or use of the service or your access or use of the registered SunGO® card service. You are responsible for maintaining and backing-up your data and information that you provided to the service or to the registered SunGO® card service. We do not warrant that (i) the service or the registered Sun GO card service will meet your specific requirements, (ii) the service or the registered SunGO® card service will be uninterrupted, timely, secure, or error-free, (iii) the results that may be obtained from your access or use of the service or your access or use of the registered SunGO® card service will be accurate or reliable, (iv) the quality of any products, services, information, or other material purchased or obtained by you through the service or through the registered SunGO® card service will meet your expectations, and (v) any errors in the service or in the registered SunGO® card service will be corrected.

(c) any material downloaded or otherwise obtained through your access or use of the service or your access or use of the registered SunGO® card service is done at your own discretion and risk and that you will be solely responsible for any damage to your computer system or loss of data that results from the download of any such material.

(d) no advice or information, whether oral or written, obtained through or from the service or the registered SunGO® card service shall create any warranty not expressly stated in the terms.

You expressly understand and agree that we shall not be liable for any injury, loss, claim, damage, or any special, exemplary, punitive, indirect, incidental or consequential damages of any kind (including without limitation lost profits or lost savings), whether based in contract, warrantee, tort, strict liability or otherwise, including but not limited to, damages to or viruses that may infect your computer software, equipment or other property, damages for loss of profits, goodwill, use, data or other intangible losses (even if we have been advised of the possibility of such damages), that arises out of or is in any way connected with: (i) your use or your inability to use the service or the registered SunGO® card service; (ii) the cost of procurement of substitute goods and services resulting from any goods, data, information or services purchased or obtained or messages received or transactions entered into through or from the service or the registered SunGO® card service; (iii) unauthorized access to or alteration of your transmissions or data; (iv) statements, content, or conduct of any third party found on the service or the registered sun

g® card service; (v) any and all claims of intellectual property infringement, and (v) any other matter relating to the service or the registered SunGO® card service. further, the maximum amount of damages that professional transit management/veolia transportation, inc., d/b/a sun tran shall be liable for shall not exceed the amount of payments you have paid to professional transit management/veolia transportation, inc., d/b/a sun tran, which may be zero dollars ($0.00).

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 of sections 15 and 16 may not apply to you.

By accessing or using the Site, including accessing or using the Service or the Registered SunGO® Card Service, You agree that the laws of the State of Arizona, without regard to principles of conflict of laws, will govern these Terms and any dispute of any sort that might arise between You and Professional Transit Management/Veolia Transportation, Inc., d/b/a Sun Tran or any of Our affiliates. With respect to any disputes or claims not subject to arbitration (as set forth below), You agree not to commence or prosecute any action in connection therewith other than in the state and federal courts located in and around Tucson, Arizona, and You hereby consent to, and waive all defenses of lack of personal jurisdiction and forum non conveniens with respect to, venue and jurisdiction in the courts in Tucson, Arizona.

You and professional transit management/veolia transportation, inc., d/b/a sun tran agree that, except as may otherwise be provided in regard to specific services on the site in any specific terms applicable to those services, the sole and exclusive forum and remedy for any and all disputes and claims relating in any way to or arising out of these terms, the service, and the registered SunGO® card service (including your access or use of the service, or your access or use of the registered SunGO® card service) shall be final and binding arbitration.

The location of the arbitration shall be in Tucson, Arizona. If such costs are determined to be excessive in a consumer dispute, You will be responsible for paying all arbitration fees and arbitrator compensation in excess of what is deemed reasonable. The arbitrator’s award shall be binding and may be entered as a judgment in any court of competent jurisdiction.

To the fullest extent permitted by applicable law, no arbitration or claim under these terms shall be joined to any other arbitration or claim, including any arbitration or claim involving any other current or former user of the service, and no class arbitration proceedings shall be permitted. In no event shall any claim, action or proceeding by You related in any way to the Service, and the Registered SunGO® Card Service (including Your access or use of the Service, or Your access or use of the Registered SunGO® Card Service) be instituted more than one (1) year after the cause of action arose. +($0.00).

Notices to You may be made via email, regular mail or an internal notification mechanism. The Service and the Registered SunGO® Card Service may also provide notices of changes to the Terms or other matters by displaying notices or links to notices to You generally on the Service and the Registered SunGO® Card Service. The failure of Us to exercise or enforce any right or provision of the Terms shall not constitute a waiver of such right or provision. The Terms constitutes the entire agreement between You and Us and govern Your access or use of the Service or Your access or use of the Registered SunGO® Card Service, superseding any prior agreements between You and Us (including, but not limited to, any prior versions of the Terms). You also may be subject to additional Terms and conditions that may apply when You use affiliate or other services provided by Us, third-party content or third-party software. If any provision of the Terms or incorporated document is found by a court of competent jurisdiction to be invalid, the parties nevertheless agree that the court should endeavor to give effect to the parties’ intentions as reflected in the provision, and the other provisions of the Terms remain in full force and effect. You agree that regardless of any statute or law to the contrary, any claim or cause of action arising out of or related Your access or use of the Service, or Your access or use of the Registered SunGO® Card Service or the Terms must be filed within one (1) year after such claim or cause of action arose or be forever barred. The section titles in the Terms are for convenience only and have no legal or contractual effect.