GENERAL TERMS AND CONDITIONS

By visiting the San Mateo County Transit District (SamTrans) online store and/or make a purchase, you agree to be bound by the following terms and conditions (“Terms of Use” or “Terms”), including those additional terms and conditions and policies referenced herein and/or available by hyperlink. These Terms of Use apply to all users of the site, including without limitation users who are browsers, vendors, customers, merchants, and/or contributors of content. By using this site, you signify your agreement with these Terms of Use. If you disagree with any of the below Terms of Use, do not use this site. We reserve the right to modify, alter or otherwise update these Terms of Use at any time. By using this site after notice of such changes is posted, you agree to be bound by modifications, alterations or updates.

YOUR ACCOUNT: If you create an account with Squarespace or Stripe, you may be required to be logged in to the account and have a valid payment method associated with it. You are responsible for maintaining the confidentiality of your account and password and for restricting access to your account, and you agree to accept responsibility for all activities that occur under your account or password. SamTrans does sell products for children, but it sells them to adults, who can purchase with a credit card or other permitted payment method. SamTrans reserves the right to refuse service, terminate accounts, terminate your rights to use SamTrans online store, remove or edit content, or cancel orders in its sole discretion.

PAYMENT METHODS: We accept all major credit card cards - Visa, MasterCard, American Express, Discover, JCB, Diners Club, China UnionPay, debit cards. All transactions must be paid in full at the time of purchase.

Squarespace and Stripe: The SamTrans online store is hosted on Squarespace and purchases are handled by our payment processor gateway Stripe.

Squarespace provides us with the online e-commerce platform that allows us to sell products and services to you. Your data is stored through Squarespace’s data storage, databases and the general Squarespace application in accordance with Squarespace’s policies and procedures which are located here: https://www.squarespace.com/privacy

Our payment processor gateway is Stripe, which processes your credit card data in accordance with its policies and procedures which are available here: https://stripe.com/privacy Your financial information provided to Stripe is not shared with SamTrans.

SHIPPING:

Shipping Method
We ship via United States Postal Service (USPS) within California. Rates are based on USPS First Class and Priority Mail and depends on the weight and dimensions of the package. 

Shipment Processing Time
Please allow 1-3 weeks for your order to arrive. 

You will receive an email notification with tracking information once your order has been shipped. 

Damages
If you receive an order that is damaged, please contact the United States Postal Service (USPS) to file a claim and to arrange a return or exchange. Please save all packing material, barcode tags, and damaged items. 

Missing Packages
If your tracking information is showing your package as delivered, but you have not received it, please contact us so we can verify the package was shipped out. Because we use a third party delivery service (USPS), we cannot be responsible for lost or missing packages once they leave our facility. 

Refunds: All purchases are final. There are no refunds or replacements. 

MISCELLANEOUS:

Product Descriptions: SamTrans attempts to be as accurate as possible. However, SamTrans does not warrant that product descriptions or other content of any SamTrans online store is accurate, complete, reliable, current, or error-free.

Sanctions and Export Policy: You may not use the SamTrans online store if you are the subject of U.S. sanctions or of sanctions consistent with U.S. law imposed by the governments of the country where you are using the SamTrans online store. You must comply with all U.S. or other export and re-export restrictions that may apply to goods, software, technology, and services.

Links: The online store may contain links to other sites on the Internet that are owned and operated by third parties. You acknowledge that SamTrans is not responsible for the operation of or content located on or through any such site.

Materials, Ownership and Restrictions on Use: Any data, text, graphics, images, audio and video clips, logos, icons, software and links and any intellectual property and other rights relating thereto, are and will remain the property of SamTrans, Squarespace, Stripe or their respective licensors. You may not copy (other than copies made incidentally on your mobile device or computer in the course of your use of the site), reproduce, republish, upload, post, transmit or distribute the online store or any of its content without the prior written permission of SamTrans and its licensors.

Linking and Hyperlinking: You are granted a limited, non-exclusive right to create a text hyperlink to the online store, provided that the linking website does not contain any illegal material, such link is not for an illegal purpose, and nothing about the presentation of the link conveys or otherwise implies any endorsement or sponsorship of you by SamTrans or other affiliation between you and SamTrans. This limited right may be revoked at any time. You may not use a SamTrans logo or other proprietary graphic to link to the online store without the express written permission of SamTrans. Further, you may not use, frame or utilize framing techniques to enclose any SamTrans trademark, logo or other proprietary information, including the images found on the online store, the content of any text or the layout/design of any page or form contained on a page on the online store without SamTrans’ express written consent. Except as noted above, you are not conveyed any right or license by implication, estoppel or otherwise in or under any patent, trademark, copyright or proprietary right of SamTrans or any third party.

Reviews, Comments, Communications, and Other Content: You may post reviews, comments, photos, videos, and other content; send e-cards and other communications; and submit suggestions, ideas, comments, questions, or other information, so long as the content is not illegal, obscene, threatening, defamatory, invasive of privacy, infringing of intellectual property rights (including publicity rights), or otherwise injurious to third parties or objectionable, and does not consist of or contain software viruses, political campaigning, commercial solicitation, chain letters, mass mailings, or any form of "spam" or unsolicited commercial electronic messages. You may not use a false e-mail address, impersonate any person or entity, or otherwise mislead as to the origin of a card or other content. SamTrans reserves the right (but not the obligation) to remove or edit such content, but does not regularly review posted content.

If you do post content or submit material, and unless we indicate otherwise, you grant SamTrans a nonexclusive, royalty-free, perpetual, irrevocable, and fully sublicensable right to use, reproduce, modify, adapt, publish, perform, translate, create derivative works from, distribute, and display such content throughout the world in any media. You grant SamTrans and sublicensees the right to use the name that you submit in connection with such content, if they choose. You represent and warrant that you own or otherwise control all of the rights to the content that you post; that the content is accurate; that use of the content you supply does not violate this policy and will not cause injury to any person or entity; and that you will indemnify SamTrans for all claims resulting from content you supply. SamTrans has the right but not the obligation to monitor and edit or remove any activity or content. SamTrans takes no responsibility and assumes no liability for any content posted by you or any third party.

General: We do not guarantee continuous, uninterrupted or secure access to our services, and operation of our site may be interfered with by numerous factors outside of our control. If any provision of this Agreement is held to be invalid or unenforceable, such provision shall be struck and the remaining provisions shall be enforced.

Electronic Communications: When you visit our site or send emails to us, you are communicating with us electronically. We will communicate with you by e-mail or by posting notices on this site. You agree that all agreements, notices, disclosures and other communications that we provide to you electronically satisfy any legal requirement that such communications be in writing.

Legal Compliance: You shall comply with all applicable domestic and international laws, statutes, ordinances and regulations regarding your use of our service and your purchase of items. You may not use our products for any illegal or unauthorized purpose nor may you, in the use of the service, violate any laws in your jurisdiction (including but not limited to copyright laws). We reserve the right to make changes to our site, policies, and these Terms of Use at any time.

Disclaimer of Warranties and Limitation of Liability: THE SAMTRANS ONLINE STORE AND ALL INFORMATION, CONTENT, MATERIALS, PRODUCTS (INCLUDING SOFTWARE) AND OTHER SERVICES INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH THE SAMTRANS ONLINE STORE ARE PROVIDED BY SAMTRANS ON AN "AS IS" AND "AS AVAILABLE" BASIS, UNLESS OTHERWISE SPECIFIED IN WRITING. SAMTRANS MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, AS TO THE OPERATION OF THE SAMTRANS ONLINE STORE, OR THE INFORMATION, CONTENT, MATERIALS, PRODUCTS (INCLUDING SOFTWARE) OR OTHER SERVICES INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH THE SAMTRANS ONLINE STORE, UNLESS OTHERWISE SPECIFIED IN WRITING. YOU EXPRESSLY AGREE THAT YOUR USE OF THE SAMTRANS ONLINE STORE IS AT YOUR SOLE RISK.

TO THE FULL EXTENT PERMISSIBLE BY LAW, SAMTRANS DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. SAMTRANS DOES NOT WARRANT THAT THE SAMTRANS ONLINE STORE, INFORMATION, CONTENT, MATERIALS, PRODUCTS (INCLUDING SOFTWARE) OR OTHER SERVICES INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH THE SAMTRANS ONLINE STORE,

SAMTRANS' SERVERS, SQUARESPACE'S SERVERS OR STRIPE'S SERVERS, OR ELECTRONIC COMMUNICATIONS SENT FROM SAMTRANS ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. TO THE FULL EXTENT PERMISSIBLE BY LAW, SAMTRANS WILL NOT BE LIABLE FOR ANY DAMAGES OF ANY KIND ARISING FROM THE USE OF ANY SAMTRANS SERVICE, OR FROM ANY INFORMATION, CONTENT, MATERIALS, PRODUCTS (INCLUDING SOFTWARE) OR OTHER SERVICES INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH ANY SAMTRANS SERVICE, INCLUDING, BUT NOT LIMITED TO DIRECT, INDIRECT, INCIDENTAL, PUNITIVE, AND CONSEQUENTIAL DAMAGES, UNLESS OTHERWISE SPECIFIED IN WRITING.

YOUR SOLE AND EXCLUSIVE REMEDY FOR DISSATISFACTION WITH THE SAMTRANS ONLINE STORE IS TO STOP USING THE STORE. THE MAXIMUM LIABILITY OF SAMTRANS AND ITS LICENSORS AND YOUR SOLE AND EXCLUSIVE REMEDY FOR ALL DAMAGES, LOSSES SUFFERED BY YOU, AND CAUSES OF ACTION, WHETHER IN CONTRACT, TORT (INCLUDING, WITHOUT LIMITATION, NEGLIGENCE) OR OTHERWISE ARISING OUT OF OR RELATING IN ANY WAY TO ACCESS TO, OR USE OF, THE WEBSITE, THE SAMTRANS ONLINE STORE, OR THE PRODUCT OR SERVICES PURCHASED THROUGH THE STORE, SHALL BE EQUAL TO THE COST OF THE PRODUCTS YOU PURCHASED IN THE LAST TWELVE (12) MONTHS USING THE SAMTRANS ONLINE STORE OR FIVE HUNDRED DOLLARS ($500.00), WHICHEVER IS LESS. This section will survive termination or expiration of these Terms.

Limitation of Liability: TO THE MAXIMUM EXTENT ALLOWED BY LAW, WE WILL NOT BE LIABLE FOR ANY DAMAGES OF ANY KIND ARISING FROM THE USE OF THE SITE, INCLUDING WITHOUT LIMITATION INDIRECT, INCIDENTAL, PUNITIVE, EXEMPLARY, SPECIAL OR CONSEQUENTIAL DAMAGES. TO THE MAXIMUM EXTENT ALLOWED BY LAW, OUR TOTAL LIABILITY TO YOU FOR ANY DAMAGES (REGARDLESS OF THE FOUNDATION FOR THE ACTION) SHALL NOT EXCEED IN THE AGGREGATE THE AMOUNT OF FEES ACTUALLY PAID TO US BY YOU. THIS LIMITATION OF LIABILITY APPLIES WHETHER IN AN ACTION AT LAW OR EQUITY, INCLUDING WITHOUT LIMITATION UNDER CONTRACT, NEGLIGENCE, OR OTHER TORT, EVEN IF WE HAVE BEEN ADVISED OF OR SHOULD HAVE KNOWN OF THE POSSIBILITY OF SUCH DAMAGES.

Indemnification: You agree to indemnify, defend and hold harmless SamTrans, Squarespace, Stripe, and all of their respective officers, directors, employees, volunteers and agents, affiliates, licensors, clients, suppliers, advertisers, sponsors and contractors, the successors and assigns of any of them ("Indemnitees"), from and against any and all claims, damages, losses, costs and other expenses that arise directly or indirectly out of or from (a) your breach of these Terms and/or (b) your activities in connection with the SamTrans online store. This section will survive termination or expiration of these Terms.

Jury Trial and Class Action Waiver: You acknowledge and agree that you are waiving the right to a trial by jury and are waiving the right to participate as a class representative plaintiff and/or class member in any purported class action or representative proceeding. Further, an arbitrator may not consolidate more than one person's claims, and may not otherwise preside over any form of any class or representative proceeding. This section will survive termination or expiration of these Terms.

Choice of Law and Venue: These Terms are made and the services will be performed entirely in San Mateo County, California. Any and all claims, causes of action or disputes (regardless of theory) between you and SamTrans arising out of or related to these Terms, the SamTrans online store, or content accessed through the online store, and transactions made through use of the online store, including but not limited to disputes concerning the transfer of funds related to your purchase, shall be governed by the laws of the State of California without regard to conflict or choice of law principles, and that venue for any such action shall be in San Mateo County, California.

Severability: If any part of the Terms should be determined to be invalid, illegal or unenforceable for any reason by any court of competent jurisdiction, then such term shall be enforced only to the extent that it is enforceable, and the remaining terms shall survive and remain in full force and effect and continue to be binding and enforceable.

Waiver: No waiver of any term, provision or condition of the Terms, whether by conduct or otherwise, in any one or more instances, shall be deemed to be or shall constitute a waiver of any other term, provision or condition hereof, whether or not similar, nor shall such waiver constitute a continuing waiver of any such term, provision or condition hereof. No waiver shall be binding unless executed in writing by the party making the waiver.

No Use by Minors: The store is not intended for or directed to minors. By using this store, you represent to us that you are legally permitted to enter into a binding contract (18 years of age or older in most jurisdictions), and that any information you provide to us is accurate, and not deceptive or misleading.

CONTACT

(800) 660-4287
info@samtransstore.com

PRIVACY POLICY: Personally identifiable information about you is subject to our Privacy Policy, which is incorporated herein by this reference. You understand that the technical processing and transmission of this Site may involve (a) transmission of your personal data over various networks; and (b) changes to your personal information in order to conform and adapt to technical requirements of connecting networks or devices. For more information, see our Privacy Policy at  SamTrans.com/Privacy.