GENERAL TERMS AND CONDITIONS

By visiting the Caltrain online store and/or purchasing something from Caltrain, you agree to be bound by the following terms and conditions (“Terms of Use”, “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. Caltrain does sell products for children, but it sells them to adults, who can purchase with a credit card or other permitted payment method. If you are under 18, you may use the Caltrain online store only with involvement of a parent or guardian. Caltrain reserves the right to refuse service, terminate accounts, terminate your rights to use Caltrain 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 Caltrain 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 Caltrain.

SHIPPING:

Shipping Method
We ship via United States Postal Service (USPS) within the U.S. Rates are based on USPS First Class and Priority Mail and depends on the weight and dimensions of the package. For shipping outside the U.S. please contact us for shipping rates.

Shipment Processing Time
All orders are processed within 3 business days. Standard shipping time for USPS Priority Mail is 3-5 business days. Please allow up to 10 days 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 us 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: Caltrain attempts to be as accurate as possible. However, Caltrain does not warrant that product descriptions or other content of any Caltrain online store is accurate, complete, reliable, current, or error-free.

Sanctions and Export Policy: You may not use the Caltrain 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 Caltrain 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 Caltrain 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 Caltrain, 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 Caltrain 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 Caltrain or other affiliation between you and Caltrain. This limited right may be revoked at any time. You may not use a Caltrain logo or other proprietary graphic to link to the online store without the express written permission of Caltrain. Further, you may not use, frame or utilize framing techniques to enclose any Caltrain 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 Caltrain’ 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 Caltrain 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. Caltrain 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 Caltrain 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 Caltrain 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 Caltrain for all claims resulting from content you supply. Caltrain has the right but not the obligation to monitor and edit or remove any activity or content. Caltrain 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 CALTRAIN ONLINE STORE AND ALL INFORMATION, CONTENT, MATERIALS, PRODUCTS (INCLUDING SOFTWARE) AND OTHER SERVICES INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH THE CALTRAIN ONLINE STORE ARE PROVIDED BY CALTRAIN ON AN "AS IS" AND "AS AVAILABLE" BASIS, UNLESS OTHERWISE SPECIFIED IN WRITING. CALTRAIN MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, AS TO THE OPERATION OF THE CALTRAIN ONLINE STORE, OR THE INFORMATION, CONTENT, MATERIALS, PRODUCTS (INCLUDING SOFTWARE) OR OTHER SERVICES INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH THE CALTRAIN ONLINE STORE, UNLESS OTHERWISE SPECIFIED IN WRITING. YOU EXPRESSLY AGREE THAT YOUR USE OF THE CALTRAIN ONLINE STORE IS AT YOUR SOLE RISK.

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

COMMUNICATIONS SENT FROM CALTRAIN ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. TO THE FULL EXTENT PERMISSIBLE BY LAW, CALTRAIN WILL NOT BE LIABLE FOR ANY DAMAGES OF ANY KIND ARISING FROM THE USE OF ANY CALTRAIN SERVICE, OR FROM ANY INFORMATION, CONTENT, MATERIALS, PRODUCTS (INCLUDING SOFTWARE) OR OTHER SERVICES INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH ANY CALTRAIN 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 CALTRAIN ONLINE STORE IS TO STOP USING THE STORE. THE MAXIMUM LIABILITY OF CALTRAIN 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 CALTRAIN 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 CALTRAIN ONLINE STORE OR FIVE HUNDRED DOLLARS ($500.00), WHICHEVER IS LESS. This section will survive termination or expiration of these Terms.

Indemnification: You agree to indemnify, defend and hold harmless Caltrain, 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 Caltrain 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 Caltrain arising out of or related to these Terms, the Caltrain 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.

CONTACT

(800) 660-4287
info@Caltrainstore.com

PRIVACY POLICY: This Privacy Policy (Policy) is effective as of July 1, 2004. This Policy may be amended from time to time and notices of amendments will appear at the bottom of this Policy. It is your responsibility to review this Policy and to check for notices of amendments.

The information we receive depends on what you do when visiting our site. You provide personal information to us, if at all, on a voluntary basis. In addition, we receive aggregated information about users as a whole.

Personal Information Collected
Personal information that may be collected includes first and last name, e-mail address, phone number, service used, and any comments, feedback or inquires that you send to us.

Our site's "Subscribe" area requires customers to provide an e-mail address. We use this information to send you updates to the page(s) you decide. We reserve the right to send major service change and fare messages to all subscribers. Users may opt out or in at any time.

When you place an online order, the personal information collected may include your name, e-mail address, phone number, street address (billing and shipping), credit card information, etc. It may also include information you submit about other people, including the name and address of a gift recipient.

Aggregated Information Collected
We receive certain types of information about general activity at the Caltrain' website. This does not include personal identifying information, but does include how many times the website is visited, what pages or search terms are frequently requested, what domain names (e.g., "aol.com") visitors are coming from and the date and time of each visit. This information is gathered and compiled into an aggregate form for statistical analysis and reporting. These reports track website activity overall rather than on an individual level.

Use of Information
The personal information you voluntarily provide is used to fulfill your requests. The comments, feedback or inquiries that you provide to us will be used to try to improve Caltrain and the services that it provides. Caltrain does not sell, trade, or rent your personal information to anyone, or disclose personal information except in the following instances:

1. When you make an online purchase, Caltrain provides your personal information to third parties for the purpose of processing your order only, e.g., shipping agents and any gift recipient you designate.

2. Where disclosure is necessary to protect our legal rights, enforce our terms of use or other agreements, or to protect ourselves or others. For example, we may share information to reduce the risk of fraud or if someone uses or attempts to use our site for illegal reasons or to commit fraud.

3. When law requires disclosure. Please note that comments, feedback or inquiries that you provide may be considered a public record once you provide it and may be subject to public inspection and copying if not otherwise protected by federal or state law.

Because aggregated information does not include personal identifying information, we cannot use aggregated information to identify you. Rather, we use aggregated information to help determine things like which areas of Caltrain' website you prefer, based on traffic to those areas, peak traffic hours, etc. This helps us continue to build a better website for you. We may disclose aggregated data to third parties (such as advertisers) or include it in public records.

Opt Out/Opt In
Caltrain allows users to opt out of receiving e-mail from us. To opt out of our mailing list you can unsubscribe or send us an e-mail to remove your address from the subscribed mailing list.

Disclaimer
This site contains links to other sites. Caltrain is not responsible for the content or privacy practices of these sites.

Services Provided through Third Party Vendors (including Mobile Trip Planning and Ticketing App Services and Online Store)
From time to time, Caltrain may work with third party vendors or consultants that provide services to consumers or the general public that may relate to or work with the services provided by Caltrain. These third parties may collect your personal information when you choose to use their services, such as your first and last name, e-mail address, phone number, travel pattern data, credit card number, and the Caltrain stations that you travel to and from. These third parties' collection and use of your personal information is governed by their respective privacy policies.

While Caltrain does not collect this information, it may access the information to allow the services provided to you by the third parties to be accepted by or work with Caltrain services. For example, Caltrain currently partners with Bytemark Inc. (Bytemark), which provides trip planning and mobile ticketing services through its mobility app (Mobility App). Bytemark collects your personal information when you use the Mobility App, and Caltrain has access to some of this information to accept tickets you purchase through the app, among other things. Bytemark's collection and use of your personal information through the mobility app is governed by its privacy policy, accessible through its mobility app or here: https://www.bytemark.co/privacy-policy.

Similarly, Caltrain currently partners with Squarespace to provide software and hosting services for the Caltrain online store. Squarespace collects your personal information when you use the online store, and Caltrain has access to some of this information to process your order shipment, among other things. Squarespace's collection and use of your personal information through the online store is governed by its privacy policy which is accessible here: https://www.squarespace.com/privacy Caltrain also currently

partners with Stripe, which processes payments for the Caltrain' online store. Stripe collects your personal information when you use the online store, and Caltrain has access to some of this information to process your order shipment, among other things. Stripe's collection and use of your personal information through the online store is governed by its privacy policy which is accessible here: https://stripe.com/privacy.

International
This Policy is intended to cover the collection of information through the site from residents of the United States. If you are not a resident of the United States or are visiting our website from outside the United States, and submit any of your personal information through the site, please be aware that your information may be transferred to, stored in, or processed in the United States. The data protection and similar laws of the United States may be different than those in other parts of the world.

Kids: An Important Notice
In keeping with the Children's Online Privacy Protection Act, children under 13 years of age must have permission from a Parent or Legal Guardian before providing personal information as described above. If you are under 13 years of age, you must obtain Parental Consent to register or to submit comments, feedback or inquiries. Caltrain will not knowingly receive personal information from children less than 13 years of age who have not received prior Parental Consent. Any personal information from a child stored by Caltrain will be deleted upon written request from the child's Parent or Legal Guardian. Deletion requests should be addressed to:

San Mateo County Transit District
Attn: Webmaster
1250 San Carlos Avenue
P.O. Box 3006 San Carlos, California USA 94070-1306

If you have any additional questions or concerns about our privacy policy, please Contact Us.

Originally adopted July 1, 2004. Amended Oct. 21, 2004; June 30, 2010, February 7, 2018 and Dec 11, 2023. This version of the Policy is effective as of the last-listed date.