Path SmartLink : THE PORT AUTHORITY OF NY & NJ Path SmartLink : THE PORT AUTHORITY OF NY & NJ

SmartLink Program

PATH SmartLink SM Program
TERMS AND CONDITIONS
Effective: September 1, 2010

These terms and conditions, together with your SmartLink Program application, constitute your SmartLink Agreement ("Agreement with Port Authority Trans-Hudson Corporation ("PATH Corporation" or "PATH"). The term "PATH" includes The Port Authority of New York and New Jersey (the "Port Authority"), and may also include other wholly owned entities of the Port Authority. Use of a SmartLink Card ("Card") as described herein constitutes acceptance of all terms and conditions contained in this Agreement. Please read these terms and conditions and keep a copy of this Agreement, which is subject to change by PATH from time to time, for your records.

1. SmartLink Card Use
PATH reserves the right to impose a charge for new and replacement SmartLink Cards (see Section 15 of this Agreement), and to revise such charges from time to time. Such charges, and value on Cards, are not refundable.

SmartLink Cards are reusable fare media, and may be filled or refilled with trips or with days of unlimited use on PATH Corporation's rail transit system, utilizing PATH Ticket Vending Machines located in PATH stations or using the SmartLink website. All PATH Ticket Vending Machines accept credit cards or debit cards, and many accept cash.

Value carried on a SmartLink Card is represented as a specific number of trips or days of unlimited use on the PATH system, in accordance with the fares established by PATH from time to time (see: http://www.panynj.gov/path/fares.html). Each time a SmartLink Card containing trips is used for entry into the PATH system, one trip will be deducted from the card. When a card has a pass with days of unlimited use, the first day of use will start the period of the pass validity.

Each SmartLink Card may be filled or refilled repeatedly, so long as it is kept in good condition. Each SmartLink Card contains sensitive electronics and an antenna and must not be bent, perforated, cut, punched, subjected to extreme temperatures, or otherwise mutilated, as doing so may damage these components and render the card inoperable.

A SmartLink Card that has not been damaged and becomes inoperable within 90 days of issuance due to a manufacturer's defect will be replaced by PATH at no charge to you upon presentation to PATH. In addition, the trips or days of unlimited use remaining on the malfunctioning card may be transferred to the replacement SmartLink Card, if the malfunctioning SmartLink Card can be identified by the serial number imprinted on the card. In some instances, PATH may elect to replace unused trips or days of unlimited use on a malfunctioning card by other fare media. Determination that a malfunction is due to a manufacturer's defect shall be made solely by PATH, and such determination is final and uncontestable.

In accordance with Section 5 of this Agreement, you must surrender a SmartLink Card upon request by PATH.

2. YOU ACKNOWLEDGE THAT NEITHER THE PORT AUTHORITY NOR PATH CORPORATION HAS MADE, AND THEY EACH EXPRESSLY DISCLAIM, ANY REPRESENTATION OR WARRANTY, EXPRESSED OR IMPLIED, RELATING TO SMARTLINK CARDS INCLUDING, WITHOUT LIMITATION, ANY IMPLIED OR EXPRESS WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR CONFORMITY TO MODELS OR SAMPLES. NEITHER THE PORT AUTHORITY NOR PATH CORPORATION, NOR THE COMMISSIONERS, DIRECTORS, OFFICERS, EMPLOYEES, AGENTS OR REPRESENTATIVES OFTHE PORT AUTHORITY OR PATH CORPORATION, NOR THEIR CONTRACTORS ASSOCIATED WITH THE PROVISION OF THE SMARTLINK PROGRAM (IF ANY), SHALL BE LIABLE TO YOU OR OTHERS FOR LOSS OR DAMAGES OF ANY KIND, INCLUDING, WITHOUT LIMITATION, ANY DIRECT DAMAGES OR ANY SPECIAL, INCIDENTAL OR INDIRECT DAMAGES OR ANY CONSEQUENTIAL DAMAGES, ARISING OUT OF YOUR USE OR THE PERFORMANCE OF OR YOUR RELIANCE UPON THE SMARTLINK CARD. YOU AGREE TO INDEMNIFY AND HOLD HARMLESS THE PORT AUTHORITY AND PATH CORPORATION FROM AND AGAINST ALL DAMAGE, LOSS, COST, EXPENSE, OR LIABILITY RELATING TO, ARISING FROM, OR AS A RESULT OF, THE USE OR PERFORMANCE OF THE SMARTLINK CARD.

3. PATH Senior SmartLink Card Program
PATH riders age 65 and over may apply for a Senior SmartLink Card for use in entering the PATH system at a discounted fare by submitting to the PATH SmartLink Service Center at the address set forth in Section 14 of this Agreement, a properly completed Senior SmartLink Card Application form. Upon approval, each participant will receive a Senior SmartLink Card, "personalized" with name and photograph and will automatically receive registration benefits, as described in Section 7 of this Agreement.

4. PATH SmartLink Prepaid Benefits Program
PATH is working in concert with many organizations and employers who offer prepaid transit benefits to their employees. If your employer has taken advantage of this opportunity, and you elect to have those transit benefits applied to your PATH SmartLink Card, those benefits will appear automatically as trips or days of unlimited use autoloaded onto your SmartLink Card. In order to take advantage of this program, you must maintain a valid SmartLink Card, and you must keep your employer advised of your card's serial number so that these benefits are properly applied. In the event that your SmartLink Card's serial number changes due to loss, theft, damage, malfunction, or any other occurrence, it is your responsibility to immediately notify your employer so that future transit benefits are applied to the correct card. If your card has been registered in accordance with Section 7, those rules also apply to any trips or passes that were loaded through the Prepaid Benefits Program. Your Prepaid Transit Benefits supplier will periodically make trips and/or days of unlimited use available to you as an automatic replenishment on the PATH System. It is your responsibility to load those trips or days of unlimited use onto your SmartLink Card by tapping the card on the circular target at a PATH Vending Machine or Turnstile within 60-days of those trips or days of unlimited use being made available. Failure to load these trips or days of unlimited use onto your card within the 60-day period will result in forfeiture of those trips or days of unlimited use. Trips or days of unlimited use forfeited in such a manner cannot be reinstated.

5. Violations
Failure to comply with this Agreement or the Rules and Regulations of the Port Authority Trans-Hudson System (which may be found online at http://www.panynj.gov/path/rules-regs.html) may result in forfeiture of the SmartLink Card or termination of your eligibility to request and use a card. PATH may revoke your right to use, and it may block the use of, a SmartLink Card at any time should it determine, in its sole discretion, that your card has been misused, whether or not such misuse is defined in this Agreement. You may not tamper with, attempt to reverse-engineer, duplicate, or decrypt the electronics, programs, and/or other data contained on the SmartLink Card. In addition to the sanctions provided in this Agreement, anyone found to be attempting such activities may be prosecuted to the fullest extent of the law. If you have or use a "personalized" SmartLink Card, which includes your name and/or photograph on the back of the card, you may not assign the obligations or benefits of this Agreement nor may you assign the use of the SmartLink Card to anyone else. If you use, or allow the use of, that SmartLink Card to provide entry into the PATH system or to provide fare payment for an individual other than yourself, you may be asked by PATH to surrender the card, and the benefits associated with that card, and any remaining trips on that card will be forfeited. Such misuse may also result in revocation of your account, as well as other civil and/or criminal penalties.

In addition, you shall not apply for or use more than one personalized SmartLink Card unless you are applying for or using a replacement card in accordance with the procedures set forth in this Agreement. The rights of PATH and the penalties set forth in this Section shall also apply in the event that this limitation is violated.

6. Disputes
You hereby authorize the Port Authority or PATH Corporation to decide in the first instance every question or dispute arising from, under, in connection with, or related to this Agreement, including, without limitation, the imposition of fares, fees, or other charges incurred, applied, or stated for the use or misuse of your SmartLink Card or for the SmartLink Replenishment service. All disputes must be submitted in writing to PATH Corporation at the appropriate address given in Section 14 of this Agreement within 60 days of notice to you that a fare, fee, or other charge has been made. You agree that mailing or emailing to an address that you have provided to the Port Authority or PATH Corporation constitutes notice to you of the fares, fees, or other charges contained therein and of any determination by the Port Authority or PATH Corporation in connection with your dispute. You hereby acknowledge that any claim, action, or proceeding arising from, under, in connection with, or in any way related to this Agreement or your use of the SmartLink Card or the SmartLink Replenishment service for the payment of fares, including the imposition of fares, fees, or other charges incurred, applied, or stated for the use or misuse of the Card, brought against the Port Authority or PATH Corporation is subject to the laws of the States of New York and New Jersey governing suits against the Port Authority (McKinney's Unconsolidated Laws, Sections 7101 through 7136; New Jersey Statutes Annotated, Sections 32:1-157 through 32:1-176). You agree to pay all costs, including attorney's fees, incurred by the Port Authority and PATH Corporation to collect any monies due under the terms of this Agreement.

7. SmartLink Card Registration
You may register your SmartLink Card for protection against loss, theft, or damage of the card to the extent provided for in this Agreement. Registration may enable you to utilize other services and features that may become available in the future. You may register a SmartLink Card by submitting a signed SmartLink Application Form with the card registration request information properly completed, to the address given in Section 14 of this Agreement. Alternatively, you can register your card through the SmartLink website. If a registered Card is lost, stolen, or damaged, and you wish to request a replacement for the Card and transfer of the unused trips remaining on the Card, you must notify PATH at the phone number or appropriate address given in Section 14 of this Agreement, or request a replacement card through the SmartLink website. A registered SmartLink Card that is properly reported as lost, stolen, or damaged will be replaced for a replacement cost as detailed in Section 15 of this Agreement, and the balance of trips or days of unlimited use remaining on the card (as of the date of notice to PATH) will be transferred to the new SmartLink Card. In some instances, PATH may elect to replace unused trips or days of unlimited use by other fare media. However, PATH shall not be obligated to provide cash refunds,nor to transfer unused trips or days of unlimited use remaining on a SmartLink Card that has not been used within the PATH system during the immediately preceding 24 months. This applies to all registered cards, including Senior SmartLink Cards.

8. PATH may change this Agreement and these terms and conditions at any time. Changes to these terms and conditions will be posted on PATH's Web site (www.panynj.gov/path) at least 30 days before they are to become effective. Such modified terms supersede any prior versions or collateral understanding, verbal or written, that you may have received relative to the SmartLink Program or the SmartLink Replenishment service.

9. If any part of this Agreement is determined to be unenforceable or invalid for any reason, such portion shall be interpreted in a manner that is consistent with applicable law and the intent of the parties, and the remaining portions shall remain in full force and effect.

10. This Agreement shall be governed by and construed in accordance with the laws of the State of New York, excluding its conflict of law rules.

11. No failure or delay by PATH in exercising any right, power, or privilege hereunder shall operate as a waiver thereof, nor shall any single or partial exercise thereof preclude any other or further exercise thereof or the exercise of any right, power, or privilege hereunder.

12. The Port Authority is the sole owner of information collected through the SmartLink Program and the SmartLink Replenishment service. You have no ownership interest in or property rights to the information collected or provided.

13. The Port Authority and PATH respect the privacy of our customers. Personal information obtained in connection with the SmartLink Program, SmartLink Pre-Paid Benefits Program and the SmartLink Replenishment service, the use of credit or debit cards, the use of SmartLink Cards or this Website will not be disclosed to third parties without your consent except as required by law, legal process such as, but not limited to, a court order, or the Port Authority's Freedom of Information Policy. Any of these activities may be administered, operated, and maintained by the Port Authority, PATH Corporation, their contractors, subcontractors and agents and the employees of any of these entities (which includes, without limitation, those who may be involved in the operation of the SmartLink Program, SmartLink Pre-Paid Benefits and the SmartLink Replenishment service). The Port Authority's

Freedom of Information Policy can be found at: http://www.panynj.gov/corporate-information/freedom-of-information.html.

14. Inquiries and Correspondence Please send all correspondence to: Port Authority Trans-Hudson Corporation, PATH SmartLink Service Center, P.O. Box 6300, Jersey City, NJ 07306 or call: 1-800-234-PATH (7284)

For information on the Port Authority's policy on Freedom of Information: The Port Authority of New York and New Jersey, FOI Administrator, Office of the Secretary, 4 World Trade Center, 150 Greenwich Street, 19th Floor, New York, NY 10007

15. Schedule of Fees
New or replacement SmartLink Card: $ 5.00 Returned check fee: $ 25.00 in connection with the SmartLink Program and the SmartLink Replenishment service, the Port Authority and PATH Corporation reserve the right to assess additional fees, to revise these fees from time to time, or to waive any such fees.