Terms & Conditions

Agreement Between User and SunRail

The SunRail Web Site is comprised of various Web pages operated by SunRail.

The SunRail Web Site is offered to you conditioned on your acceptance without modification of the terms, conditions, and notices contained herein. Your use of the SunRail Web Site constitutes your agreement to all such terms, conditions, and notices.

Modification of These Terms of Use

SunRail reserves the right to change the terms, conditions, and notices under which the SunRail Web Site is offered, including but not limited to the charges associated with the use of the SunRail Web Site.

Links to Third Party Sites

The SunRail Web Site may contain links to other Web Sites (“Linked Sites”). The Linked Sites are not under the control of SunRail and SunRail is not responsible for the contents of any Linked Site, including without limitation any link contained in a Linked Site, or any changes or updates to a Linked Site. SunRail is not responsible for webcasting or any other form of transmission received from any Linked Site. SunRail is providing these links to you only as a convenience, and the inclusion of any link does not imply endorsement by SunRail of the site or any association with its operators.

No Unlawful or Prohibited Use

As a condition of your use of the SunRail Web Site, you warrant to SunRail that you will not use the SunRail Web Site for any purpose that is unlawful or prohibited by these terms, conditions, and notices. You may not use the SunRail Web Site in any manner which could damage, disable, overburden, or impair the SunRail Web Site or interfere with any other party’s use and enjoyment of the SunRail Web Site. You may not obtain or attempt to obtain any materials or information through any means not intentionally made available or provided for through the SunRail Web Sites.

Use of Communication Services

The SunRail Web Site may contain bulletin board services, chat areas, news groups, forums, communities, personal web pages, calendars, and/or other message or communication facilities designed to enable you to communicate with the public at large or with a group (collectively, “Communication Services”), you agree to use the Communication Services only to post, send and receive messages and material that are proper and related to the particular Communication Service. By way of example, and not as a limitation, you agree that when using a Communication Service, you will not:

Defame, abuse, harass, stalk, threaten or otherwise violate the legal rights (such as rights of privacy and publicity) of others. Publish, post, upload, distribute or disseminate any inappropriate, profane, defamatory, infringing, obscene, indecent or unlawful topic, name, material or information.

Upload files that contain software or other material protected by intellectual property laws (or by rights of privacy of publicity) unless you own or control the rights thereto or have received all necessary consents.

Upload files that contain viruses, corrupted files, or any other similar software or programs that may damage the operation of another’s computer.

Advertise or offer to sell or buy any goods or services for any business purpose, unless such Communication Service specifically allows such messages.

Conduct or forward surveys, contests, pyramid schemes or chain letters.

Download any file posted by another user of a Communication Service that you know, or reasonably should know, cannot be legally distributed in such manner.

Falsify or delete any author attributions, legal or other proper notices or proprietary designations or labels of the origin or source of software or other material contained in a file that is uploaded.

Restrict or inhibit any other user from using and enjoying the Communication Services.

Violate any code of conduct or other guidelines which may be applicable for any particular Communication Service.

Harvest or otherwise collect information about others, including e-mail addresses, without their consent.

Violate any applicable laws or regulations.

SunRail has no obligation to monitor the Communication Services. However, SunRail reserves the right to review materials posted to a Communication Service and to remove any materials in its sole discretion. SunRail reserves the right to terminate your access to any or all of the Communication Services at any time without notice for any reason whatsoever.

SunRail reserves the right at all times to disclose any information as necessary to satisfy any applicable law, regulation, legal process or governmental request, or to edit, refuse to post or to remove any information or materials, in whole or in part, in SunRail’s sole discretion.

Always use caution when giving out any personally identifying information about yourself or your children in any Communication Service. SunRail does not control or endorse the content, messages or information found in any Communication Service and, therefore, SunRail specifically disclaims any liability with regard to the Communication Services and any actions resulting from your participation in any Communication Service. Managers and hosts are not authorized SunRail spokespersons, and their views do not necessarily reflect those of SunRail.

Materials uploaded to a Communication Service may be subject to posted limitations on usage, reproduction and/or dissemination. You are responsible for adhering to such limitations if you download the materials.

Materials Provided to SunRail or Posted at any Sunrail Website

SunRail does not claim ownership of the materials you provide to SunRail (including feedback and suggestions) or post, upload, input or submit to any SunRail Web Site or its associated services (collectively “Submissions”). However, by posting, uploading, inputting, providing or submitting your Submission you are granting SunRail, its affiliated companies and necessary sublicensees permission to use your Submission in connection with the operation of their Internet businesses including, without limitation, the rights to: copy, distribute, transmit, publicly display, publicly perform, reproduce, edit, translate and reformat your Submission; and to publish your name in connection with your Submission.

No compensation will be paid with respect to the use of your Submission, as provided herein. SunRail is under no obligation to post or use any Submission you may provide and may remove any Submission at any time in SunRail’s sole discretion.

By posting, uploading, inputting, providing or submitting your Submission you warrant and represent that you own or otherwise control all of the rights to your Submission as described in this section including, without limitation, all the rights necessary for you to provide, post, upload, input or submit the Submissions.

Liability Disclaimer

THE INFORMATION, SOFTWARE, PRODUCTS, AND SERVICES INCLUDED IN OR AVAILABLE THROUGH THE SunRail WEB SITE MAY INCLUDE INACCURACIES OR TYPOGRAPHICAL ERRORS. CHANGES ARE PERIODICALLY ADDED TO THE INFORMATION HEREIN. SunRail AND/OR ITS SUPPLIERS MAY MAKE IMPROVEMENTS AND/OR CHANGES IN THE SunRail WEB SITE AT ANY TIME. ADVICE RECEIVED VIA THE SunRail WEB SITE SHOULD NOT BE RELIED UPON FOR PERSONAL, MEDICAL, LEGAL OR FINANCIAL DECISIONS AND YOU SHOULD CONSULT AN APPROPRIATE PROFESSIONAL FOR SPECIFIC ADVICE TAILORED TO YOUR SITUATION.

SunRail AND/OR ITS SUPPLIERS MAKE NO REPRESENTATIONS ABOUT THE SUITABILITY, RELIABILITY, AVAILABILITY, TIMELINESS, AND ACCURACY OF THE INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS CONTAINED ON THE SunRail WEB SITE FOR ANY PURPOSE. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, ALL SUCH INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS ARE PROVIDED “AS IS” WITHOUT WARRANTY OR CONDITION OF ANY KIND. SunRail AND/OR ITS SUPPLIERS HEREBY DISCLAIM ALL WARRANTIES AND CONDITIONS WITH REGARD TO THIS INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS, INCLUDING ALL IMPLIED WARRANTIES OR CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT.

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL SunRail AND/OR ITS SUPPLIERS BE LIABLE FOR ANY DIRECT, INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, CONSEQUENTIAL DAMAGES OR ANY DAMAGES WHATSOEVER INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF USE, DATA OR PROFITS, ARISING OUT OF OR IN ANY WAY CONNECTED WITH THE USE OR PERFORMANCE OF THE SunRail WEB SITE, WITH THE DELAY OR INABILITY TO USE THE SunRail WEB SITE OR RELATED SERVICES, THE PROVISION OF OR FAILURE TO PROVIDE SERVICES, OR FOR ANY INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS OBTAINED THROUGH THE SunRail WEB SITE, OR OTHERWISE ARISING OUT OF THE USE OF THE SunRail WEB SITE, WHETHER BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY OR OTHERWISE, EVEN IF SunRail OR ANY OF ITS SUPPLIERS HAS BEEN ADVISED OF THE POSSIBILITY OF DAMAGES. BECAUSE SOME STATES/JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, THE ABOVE LIMITATION MAY NOT APPLY TO YOU. IF YOU ARE DISSATISFIED WITH ANY PORTION OF THE SunRail WEB SITE, OR WITH ANY OF THESE TERMS OF USE, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USING THE SunRail WEB SITE.

Service Contact: info@SunRail.com

Termination/Access Restriction

SunRail reserves the right, in its sole discretion, to terminate your access to the SunRail Web Site and the related services or any portion thereof at any time, without notice. GENERAL To the maximum extent permitted by law, this agreement is governed by the laws of the State of Washington, U.S.A. and you hereby consent to the exclusive jurisdiction and venue of courts in San Mateo County, California, U.S.A. in all disputes arising out of or relating to the use of the SunRail Web Site. Use of the SunRail Web Site is unauthorized in any jurisdiction that does not give effect to all provisions of these terms and conditions, including without limitation this paragraph. You agree that no joint venture, partnership, employment, or agency relationship exists between you and SunRail as a result of this agreement or use of the SunRail Web Site. SunRail’s performance of this agreement is subject to existing laws and legal process, and nothing contained in this agreement is in derogation of SunRail’s right to comply with governmental, court and law enforcement requests or requirements relating to your use of the SunRail Web Site or information provided to or gathered by SunRail with respect to such use. If any part of this agreement is determined to be invalid or unenforceable pursuant to applicable law including, but not limited to, the warranty disclaimers and liability limitations set forth above, then the invalid or unenforceable provision will be deemed superseded by a valid, enforceable provision that most closely matches the intent of the original provision and the remainder of the agreement shall continue in effect. Unless otherwise specified herein, this agreement constitutes the entire agreement between the user and SunRail with respect to the SunRail Web Site and it supersedes all prior or contemporaneous communications and proposals, whether electronic, oral or written, between the user and SunRail with respect to the SunRail Web Site. A printed version of this agreement and of any notice given in electronic form shall be admissible in judicial or administrative proceedings based upon or relating to this agreement to the same extent an d subject to the same conditions as other business documents and records originally generated and maintained in printed form. It is the express wish to the parties that this agreement and all related documents be drawn up in English.

Copyright & Trademark Notices

All contents of the SunRail Web Site are: Copyright 2013 by SunRail, Inc. and/or its suppliers. All rights reserved.

Trademarks

The names of actual companies and products mentioned herein may be the trademarks of their respective owners.

The example companies, organizations, products, people and events depicted herein are fictitious. No association with any real company, organization, product, person, or event is intended or should be inferred.

Any rights not expressly granted herein are reserved.

Notices and Procedure for Making Claims of Copyright Infrigement

Pursuant to Title 17, United States Code, Section 512(c)(2), notifications of claimed copyright infringement under United States copyright law should be sent to Service Provider’s Designated Agent. ALL INQUIRIES NOT RELEVANT TO THE FOLLOWING PROCEDURE WILL RECEIVE NO RESPONSE. See Notice and Procedure for Making Claims of Copyright Infringement.

SunCard® Terms and Conditions

The SunCard is SunRail’s fare payment media for fare payment use at rail station fare validators, ticket vending machines and on handheld fare inspection devices. The SunCard is also used on the fare payment devices of participating transit partners including LYNX, Votran, and other transportation partners that may choose to participate in the SunCard program. It utilizes account based smart card technology to allow customers to load, store and use fare payment products and transfers.

These terms and conditions constitute your SunCard Agreement and shall apply to all activity with respect to the use of the SunCard. The use of the SunCard for SunRail services or the services of any of the participating transit partners constitutes acceptance of the terms and conditions.

Please read the terms and conditions carefully and keep a copy for your records.

Fare Payment and Card Inspection:

All passengers must have in their possession a SunCard loaded with the appropriate fare product or a valid paper ticket prior to boarding the train. Passes and tickets are available at all SunRail stations and are not sold onboard the train. All passengers are required to present, upon request, one of the above proof-of-payment documents to law enforcement officials, SunRail employees or SunRail contract employees acting on behalf of SunRail. Valid identification providing proof of eligibility for discounted fares may also be requested. Failure to present valid proof-of-payment and/or proof of eligibility for discounted fares, upon request, is a first-degree misdemeanor and may result in a fine ranging from $50 to $1,000, arrest, and/or removal from the train (Florida Statutes 341.3025 and 812.015).

Balance Protection and Replacement:

Signing up to register your SunCard entitles you to balance protection. With balance protection, the value on your card will be transferred to a replacement card providing that SunRail is properly notified that your card is lost, stolen, or damaged and after a proper investigation is conducted. There is a non-refundable replacement card fee associated with issuance of a replacement card. If you have not signed up and activated your SunCard for balance protection, the value remaining on the lost/stolen/damaged card will not be available for transfer to a replacement card.

Information required to register your SunCard and to sign up for balance protection includes: name, street address, phone number and an answer to security question(s) that will enable verification of identity. Upon activation of balance protection, you must provide SunRail with this information to validate your identity and to replace value if your card is lost, stolen, or damaged. You must inform SunRail of any changes to required information in order to maintain the privileges of balance protection. If your SunCard is lost, stolen, or damaged, you must notify SunRail immediately by visiting www.SunRail.com or by calling SunRail’s Customer Service Center at 1-855-724-5411. The TTY phone number for hearing and speech-impaired customers is 711 the Florida Relay Service.

Once you notify SunRail that your SunCard is lost, stolen, or damaged, your SunCard will be disabled. You will be responsible for rides taken using your lost, stolen or damaged SunCard until you properly notify SunRail that your SunCard is lost, stolen, or damaged. You will not be responsible for unauthorized use of your lost, stolen or damaged SunCard after you properly report your card missing.

SunCard Cost:

A SunCard Costs $5.00 and you must add a fare product to the new card at the time of purchase. Each person traveling on the system must have his or her own SunCard.

Fare Products Available to SunCard Customers:

The SunRail system is capable of offering three general types of products on a SunCard that may be implemented from time to time according to adopted policy. The general product types include time-based passes, stored trips and stored value. Stored trip products are not offered by SunRail at this time. You may load any combination of SunRail fare products onto a single SunCard.

Upon presentation at a fare payment device the system will check for and process any time-based passes first. If a timed pass is not present or has expired, the system will check for a trip-based pass. If no passes are present or are depleted, the system will deduct the appropriate fare from the stored cash value on the card. If no products are present, the fare payment device will provide an error message and passengers will be required to add value prior to boarding the train.

Pass products entitle customers to unlimited usage of SunRail for a specified period of time. Passes are available for various lengths of time. All pass products must be activated within 30 days of purchase. Pass products are activated upon first use, which must be within 30 days of purchase, and expire at the end of the pass period.

Stored trip products, if offered in the future, would allow customers to purchase a specific number of trips that would be decremented upon each use.

Stored value products allow customers to place a dollar value on a card. Upon each use the proper fare is decremented from the card.

SunCard Refunds:

ALL SALES ARE FINAL. Refunds are granted only for losses that occur due to the malfunction of a ticket vending machine, a fare payment device or the failure of a SunCard.
 These refunds will be in the form of an equivalent product or value loaded to a new SunCard. Refunds in the form of cash, check or credit card reimbursement will not be made. 
If you have made an error and/or have purchased an incorrect fare product, please contact SunRail’s Customer Service Center at 1-855-724-5411 or info@SunRail.com for further assistance. The hours of operation of the Customer Service Center are Monday to Friday 8am-5pm.
 Refunds will be issued on stored value upon customer request to end stored value fare product.

Where to Purchase a SunCard:

1. Ticket Vending Machine (TVM): SunCards may be purchased at a ticket vending machine located in each rail station. A $5.00 cost will apply to the initial purchase of a SunCard. Ticket Vending Machines are available in every SunRail rail station.
2. Web-ticketing: Purchase your SunCard or add products to a SunCard online at www.SunRail.com.
3. Retail Outlets: SunCards are available at retailers throughout the Orlando area. The location of the retailers may be found at www.SunRail.com or by calling 1-855-724-5411.

Card Expiration:

SunCards expire ten (10) years after issuance. The expiration date of your card may be checked at any of the ticket vending machines located in the SunRail stations or by visiting www.SunRail.com. If you have activated balance protection, you may contact SunRail within thirty (30) days of expiration and transfer any remaining value to a new SunCard. Upon expiration, any stored value remaining on cards not transferred or refunded is considered unclaimed property and is handled in accordance with applicable laws and regulations.

Values contained on multiple SunCards may not be combined to pay fares. Misuse of your SunCard may invalidate your card. SunRail reserves the right to inspect your SunCard any time for damage and abuse. It is your responsibility to maintain the SunCard in useable condition. Each individual who travels on the system is required to have their own SunCard to enter/exit the system.

Transaction Disputes SunRail reserves the right to correct the balance of your SunCard if we believe that a technical or accounting error has occurred. If you have any disputes, please contact the Customer Service Center at 1-855-724-5411 or send an inquiry to info@SunRail.com. A SunCard Transaction Inquiry form may be required and can be found at www.SunRail.com. An investigation will be performed and disputes will be resolved within ten business days of receipt of completed form.

Termination of SunCard by SunRail:

SunRail may terminate use of your SunCard. Upon such termination, SunRail may block use of your SunCard or request surrender of your card. Upon SunRail termination, you shall be entitled to a refund of any value remaining on your SunCard after costs and fees have been paid under this Agreement.

Privacy Policy:

Your use of the SunCard is subject to the terms of SunRail’s privacy policy found at www.SunRail.com. In general, SunRail may use the information it collects in connection with the SunCard program for the management and promotion of SunRail and other regional transit services and fare media. We will not sell or disclose your personal information for any purpose without your written consent, unless there is a legal requirement for such disclosure. Personal information you give to SunRail when you purchase and register your SunCard may be linked to information about the use of your card. We may use that information to implement our policies allowing for the recovery of balances on lost or stolen cards. By providing us with your e-mail address, you agree to receive e-mails concerning your SunCard. You may choose to not provide personal information however SunRail’s ability to provide enhanced customer service will be limited. For more information about the SunRail’s privacy policy, please refer to our privacy policy statement on our web site at www.SunRail.com or call 1-855-724-5411.

No Representations as to Future Fare Structure or Fees:

The SunCard is a type of fare payment media and does not entitle the user to a specific fare price or fare program. SunRail reserves the right to increase fares and the cost of fare programs in accordance with applicable policies and laws. Stored cash value will be deducted at the fare, fee or rate in effect when the SunCard is presented for entry on a vehicle, fare payment device or in a rail station.