TERMS OF SERVICE

The Terms of Service (“Terms”) govern the access or use by you of the websites, applications, content, products, and services (“Services”) made available by the Transit Authority of the City of Omaha, dba METRO (“Metro,” “we,” “our,” “its,” or “us”).  

PLEASE READ ALL THE TERMS CAREFULLY BEFORE ACCESSING OR USING THE SERVICES.  BY ACCESSING, BROWSING, AND/OR USING THE SERVICES, YOU ACKNOWLEDGE THAT YOU HAVE READ, UNDERSTOOD, AND AGREE TO BE BOUND BY THESE TERMS AND TO COMPLY WITH ALL APPLICABLE LAWS AND REGULATIONS.  IF YOU DO NOT AGREE TO THESE TERMS, YOU MAY NOT ACCESS OR USE ANY OF THE SERVICES.

The Services

The Services constitute a technology platform that enables users of the Metro MyRide website and Metro MyRide application (“Application”) to, including but not limited to, map a route, route schedule, or determine bus arrival.  Metro either owns the intellectual property rights contained within the underlying Services that are made available to you, or has obtained the express permission of the owner of the intellectual property to use the Services.  Unless otherwise agreed by Metro in a separate written agreement with you, the Services are made available for your personal, noncommercial use.

Eligibility to Use the Application

By accessing or using the Application, you represent that you are at least the age of majority in your state of residence, or that you are the age of majority in your state of residence and you have given us your consent to allow any of your minor dependents to use the Application.  If you are a parent or a guardian of a minor who has registered for or used the Application without your consent, please contact us at unsubscribe@ometro.com.

Your MyRide Account & Log-In Credentials

In order to use some aspects of the Application, you must register for a user account (“Account”).  Account registration requires you to provide an email address and password.  You are responsible for your log-in credentials and for keeping your information accurate.  You are responsible for any activity resulting from the use of your log-in credentials on the Application.  You represent and warrant that the information you provide is at all times accurate, current, and complete.

License

Subject to your compliance with these Terms, Metro grants you a limited, non-exclusive, non-sub-licensable, revocable, non-transferrable license to: (i) access and use of the Application on your personal mobile or electronic devise solely in connection with your use of the Services; and (ii) access and use any content, information, and related materials that may be made available through the Services, in each case solely for your personal, noncommercial use.  Any rights not expressly granted herein are reserved by Metro and Metro’s licensors.

Although Metro strives to provide content, information, and related materials that are both accurate and complete, the nature of the data and other information available via the Services is subject to frequent change.  Metro does not guarantee the quality, accuracy, or completeness of any of the Services and the information is provided without warranty or condition of any kind.

Code of Conduct

In connection with your use of the Services, you agree that you will not:

• Restrict or inhibit any other user from using the Services, including, without limitation, by means of “hacking” or defacing any portion of the Services;
• Use the Services for any unlawful purpose;
• Modify, copy, change, adapt, sub-license, translate, sell, reverse engineer, decompile or disassemble any portion of the Services;
• Remove any copyright, trademark, or other proprietary rights notices contained on the Services or “frame” or “mirror” any part of the Services;
• Use any robot, spider, offline reader, site search/retrieval application or other manual or automatic devise or process to retrieve, index, data mine or in any way reproduce or circumvent the navigation structure or presentation of the Services or its contents without our prior written consent; or
• Take any action that imposes or may impose an unreasonable or disproportionately large load on our or our third party providers’ infrastructure.

Network Access & Devices

You are responsible for obtaining the hardware or devices and data network or internet access necessary to access or use the Services.  Your mobile network’s data and messaging rates and fees may apply if you access or use the Services from a wireless-enabled device.  You are responsible for acquiring and updating compatible hardware or devices necessary to access and use the Services and any updates thereto.  Metro does not guarantee that the Services and Application, or any portion thereof, will function on any particular hardware or device.  In addition, the Services and Application may be subject to malfunctions and delays inherent in the use of the internet and electronic communications.

Disclaimer

THE SERVICES AND APPLICATION ARE PROVIDED “AS IS” AND “AS AVAILABLE.”  METRO DISCLAIMS ALL REPRESENTATIONS AND WARRANTIES, EXPRESS, IMPLIED, OR STATUTORY, NOT EXPRESSLY SET OUT IN THESE TERMS OF SERVICE, INCLUDING THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT.  IN ADDITION, METRO MAKES NO REPRESENTATION, WARRANTY, OR GUARANTEE REGARDING THE RELIABILITY, TIMELINESS, QUALITY, SUITABILITY, OR AVAILABILITY OF THE SERVICES OR ANY SERVICES REQUESTED THROUGH THE USE OF THE DEVICES, OR THAT THE SERVICES WILL BE UNINTERRUPTED OR ERROR-FREE.  YOU AGREE THAT THE ENTIRE RISK ARISING OUT YOUR USE OF THE SERVICES, APPLICATION, AND ANY SERVICE REQUESTED IN CONNECTION THEREWITH, REMAINS SOLELY WITH YOU, TO THE MAXIMUM EXTENT PERMITTED UNDER APPLICABLE LAW.

Limitation of Liability

METRO SHALL NOT BE LIABLE FOR INDIRECT, INCIDENTAL, SPECIAL, EXEMPLARY, PUNITIVE, OR CONSEQUENTIAL DAMAGES, INCLUDING LOST PROFITS, LOST DATA, PERSONAL INJURY, OR PROPERTY DAMAGE RELATED TO, IN CONNECTION WITH, OR OTHERWISE RESULTING FROM ANY USE OF THE SERVICES AND/OR APPLICATION, OR ANY PORTION THEREOF, EVEN IF METRO HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.  METRO SHALL NOT BE LIABLE FOR ANY DAMAGES, LIABILITY OR LOSSES ARISING OUT OF (1) YOUR USE OF OR RELIANCE ON THE SERVICES AND/OR APPLICATION, OR ANY PORTION THEREOF; (2) YOUR INABILITY TO ACCESS OR USE THE SERVICES AND/OR APPLICATION, OR ANY PORTION THEREOF; (3) ANY UNAUTHORIZED ACCESS TO OR USE OF ANY AND ALL PERSONAL INFORMATION STORED IN OUR OR OUR THIRD PARTYS’ SERVERS; OR (4) ANY ERRORS, MISTAKES, INACCURACIES OR OMISSIONS IN ANY MATERIALS, OR FOR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF THE USE OF ANY MATERIALS POSTED, EMAILED, TRANSITTED OR OTHERWISE MADE AVAILABLE VIA THE SERVICES AND/OR APPLICATION, OR ANY PORTION THEREOF, EVEN IF METRO HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.  METRO SHALL NOT BE LIABLE FOR DELAY OR FAILURE IN ANY PERFORMANCE RESULTING FROM CAUSES BEYOND METRO’S REASONABLE CONTROL.  

Indemnity

You agree to indemnify and hold Metro and its officers, directors, employees, and agents harmless from any and all claims, demands, losses, liabilities, and expenses, including attorneys’ fees, arising out of or in connection with: (i) your use of the Services and/or Application, or any portion thereof; (ii) your breach or violation of any of these Terms; or (iii) your violation of the rights of any third party.

Termination

These Terms shall remain effective until terminated in accordance with its terms.  Metro reserves the right to immediately terminate these Terms, and/or your access to and use of the Services, Application, and/or any portion thereof, at any time and for any reason, with or without cause.  Additionally, Metro reserves the right, at our sole discretion, to modify, suspend or discontinue any part of the Services and/or Application at any time, with or without notice to you.  Upon termination of these Terms, your right to access and use the Services and/or Application shall immediately cease.  You agree that Metro or its third parties may immediately deactivate or delete your account, and all related information and files associated with it.

Modification of Terms

Metro may amend these Terms from time to time.  Amendments will be effective upon Metro’s posting of such updated Terms.  Your continued access or use of the Services and/or Application, or any portion thereof, after such posting constitutes your consent to be bound by the Terms, as amended.

Choice of Law

These Terms and the rights and obligations of the parties under these Terms will be governed by, and construed and interpreted in accordance with the laws of the State of Nebraska.  

Notice

Metro may give notice by means of a general notice on the Services and/or Application to your email associated with your Account.  Such notice shall be deemed to have been given upon the expiration of 24 hours after sending notice by email.  You may give notice to Metro, with such notice deemed given when received by Metro, at any time by first class mail to the Transit Authority of the City of Omaha, dba Metro, 2222 Cuming Street, Omaha, Nebraska 68102.

General

You may not assign these Terms without Metro’s prior written consent.  Any purposed assignment in violation of this section shall be void.  No joint venture, partnership, employment or agency relationship exists between you and Metro as a result of these Terms or by access or use of the Services and/or Application.  If any provision of these Terms is held to be invalid or unenforceable, such provision shall be struck and the remaining provisions shall be enforced to the fullest extent under the law.  Metro’s failure to enforce any right or provision in these Terms shall not constitute a waiver of such right or provision unless agreed and acknowledged to by Metro in writing.