Thank you for using Estuary Transit District’s (“ETD” also referred to herein as, “we” or “us”) on-demand mobile application (the “App”) and visiting our Website.
By accessing or using the Website and/or the App, you are accepting these Terms on behalf of yourself. By using the Website and/or the App, you are confirming to be bound by these Terms, and that you are fully able and competent to accept and be bound by these Terms on behalf of yourself. You may not access or use the Website and the App or accept the Terms if you are not at least 18 years old. IF YOU DO NOT AGREE WITH ANY PART OF THIS AGREEMENT, THEN DO NOT USE THE WEBSITE OR INSTALL OR USE THE APP.
2. Account Registration
To use the Website and the App, you will be required to register and may be required to provide certain personal information. ETD utilizes Via Mobility LLC to support the provision of the App and so that your personal information may be provided to Via. You represent that any information you provide during registration or at any time thereafter is true, accurate and complete and that you will update all such information as necessary to maintain its truth, accuracy and completeness. Failure to do so shall constitute a breach of these Terms. You shall be responsible for maintaining the confidentiality of your password, and will be solely liable for all actions taken with your account and under your password, whether or not made with your knowledge or authority. You further agree that any credit card information you provide during registration is valid and that you have authority to authorize payments from such credit card.
You agree not to create more than one user account, and to not create a user account for another person unless you have the legal authority to do so. You agree to not provide any false information for purposes of creating a user account and that you are solely responsible for maintaining accurate, complete, and up-to-date information in your user account. You will not share your access credentials with, or all access to your user account by, another person.
You should treat any and all information relating to accessing your account as confidential, whether this is chosen by yourself or assigned to you. It is your responsibility to handle sensitive information pertaining to your account and personal information therein carefully and not to disclose this to a third party.
3. No Representations or Warranties
By providing the App, ETD makes no representations or warranties that any information or content provided to you through the App is accurate, complete, reliable, or error-free. All content, information, and services provided to you through the App are provided on an “as available” and on an “as is” basis. ETD disclaims all representations, warranties, or conditions, whether express or implied, related to the App or other products and services contemplated under this Agreement (including but not limited to implied warranties and conditions of merchantability and fitness for any particular purpose). ETD does not assume any responsibility for the content or quality of the App or any content therein. You agree ETD is not liable to you for any damages whatsoever, including but not limited to direct, indirect, incidental, consequential, special, or other damages, in any way arising from or related to your use of, or access to, or inability to use or access the App.
4. Restrictions on Use
The App and all of its contents may not be used or reproduced without the express written consent of ETD County. You shall not copy, repackage, redistribute, or modify the App or its contents, in whole or in part, in any manner whatsoever. ETD grants you a limited, non-exclusive, non-transferable license to access and make personal use of the App for the non-commercial purpose of booking rides the on demand transit service offered by ETD. Any unauthorized use of the App automatically terminates the license granted by this Agreement.
5. Collection of Personal Information and Other Information.
When you visit the Website and the App, we may receive and record information from your browser, including your unique device ID, IP address, and from cookies and similar technology. We may use information collected through these tracking technologies to remember information so that you will not have to re-enter it on subsequent visits, to provide and monitor the effectiveness of the App, to automatically update the App on your mobile device, and for other purposes. Most browsers allow you to block and delete cookies, though depending on your mobile device you may not be able to delete tracking technologies from your device. Deleting or blocking cookies and other tracking technology may cause the App and/or the Website to not work properly. By using the Website and the App, you are authorizing us to gather, parse, and retain data related to the provision of ETD’s services.
6. Consent to Communications
7. Third Party Websites, Content, Products and Services
The Website and the App may contain links to third-party sites that are not under the control of ETD. You agree that ETD is not responsible for and does not guarantee the availability of any such website or the accuracy or integrity of the content(s) of any such website or any website that may be linked to from such third-party website. Further, we cannot make any representations nor accept responsibility or liability for the information, products and services or any reliance on the aforementioned when you choose to access these links and leave the Website or the App. You should refer to the policies posted by other websites regarding privacy and other topics before you use them. You agree by using the Website and the App that ETD is not responsible for third party content accessible through the Website and the App that you bear all risks associated with the use of such content. Your correspondence or business or other dealings with any third party found on or through the Website or the App, including payment of related services, and any other terms, conditions, warranties or representations associated with such dealings, are solely between you and such third party. ETD is not responsible or liable for any loss or damage of any kind incurred as the result of any such dealings or as the result of the presence of links to such third-party websites on the Website. The existence of a link to a third party site does not imply any endorsement of the provider or the services they may offer.
8. Use by Minors
Use of the Website and the App is restricted to users at least 18 years of age. If ETD discovers through reliable means that a user is less than 18 years of age, ETD will terminate such user’s access to the Website and the App. ETD does not knowingly collect personal information from children under the age of 13 without the consent of the child’s parent or guardian.
You hereby release and forever discharge ETD (and their respective officers, employees, agents, successors, and assigns), from and hereby waive and relinquish, each and every past, present, and future dispute, claim, controversy, demand, right, obligation, liability, action and cause of action of every kind and nature (including personal injuries, death, and property damage), that has arisen or arises directly or indirectly out of, or that relates directly or indirectly to, the Website and the App (including any interactions with, or act or omission of, other users).
THE WEBSITE AND THE APP IS PROVIDED ON AN “AS-IS” AND “AS AVAILABLE” BASIS, AND ETD EXPRESSLY DISCLAIM ANY AND ALL WARRANTIES AND CONDITIONS OF ANY KIND, WHETHER EXPRESS, IMPLIED, OR STATUTORY, INCLUDING ALL WARRANTIES OR CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, QUIET ENJOYMENT, ACCURACY, OR NON-INFRINGEMENT. WE MAKE NO WARRANTY THAT THE WEBSITE AND THE APP WILL MEET YOUR REQUIREMENTS, WILL BE AVAILABLE ON AN UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE BASIS, OR WILL BE ACCURATE, RELIABLE, FREE OF VIRUSES OR OTHER HARMFUL CODE, COMPLETE, LEGAL, OR SAFE. IF APPLICABLE LAW REQUIRES ANY WARRANTIES WITH RESPECT TO THE WEBSITE AND THE APP, ALL SUCH WARRANTIES ARE LIMITED IN DURATION TO NINETY (90) DAYS FROM THE DATE OF FIRST USE.
You agree to indemnify and hold ETD (and their respective members, officers, employees and agents) harmless, including costs and attorneys’ fees, from any claim or demand made by any third party due to or arising out of (a) your use of the Website and the App, (b) your violation of these Terms, or (c) your violation of applicable laws or regulations. ETD reserves the right, at your expense, to assume the exclusive defense and control of any matter for which you are required to indemnify us, and you agree to cooperate with our defense of these claims. You agree not to settle any matter without the prior written consent of ETD. ETD will use reasonable efforts to notify you of any such claim, action, or proceeding upon becoming aware of it.
12. Limitation of Liability
IN NO EVENT SHALL ETD BE LIABLE FOR INCIDENTAL, SPECIAL, INDIRECT, PUNITIVE, EXEMPLARY, OR CONSEQUENTIAL DAMAGES (INCLUDING, WITHOUT LIMITATION, ANY DAMAGES RELATING TO LOST PROFITS, LOSS OF DATA OR LOSS OF BUSINESS OPPORTUNITY) EVEN IF YOU CLAIM SUCH DAMAGES HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
ETD’S TOTAL LIABILITY UNDER OR ARISING OUT OF THESE TERMS SHALL NOT EXCEED THE AMOUNTS PAID BY YOU FOR THE SERVICES IN THE SIX (6) MONTH PERIOD IMMEDIATELY PRECEDING THE DATE UPON WHICH THE CLAIM FIRST AROSE.
13. Term and Termination
Subject to this section, these Terms will remain in full force and effect while you use the Website and the App. We may suspend or terminate your rights to use the Website or App at any time for any reason at your sole discretion, including for any use of the Website or App in violation of these Terms. Notwithstanding the foregoing, at any time and from time to time, and for any reason whatsoever (including but not limited to repeated cancellations or no-shows) and in ETD’s sole discretion, ETD may also suspend or terminate your access to and use of the App or any portion of the Website and the App, or may refuse your current or future access to and use of the App or any portion of the Website and the App, or immediately terminate these Terms without notice to you.
Upon termination of your rights under these Terms, your account and right to access the Website or the App will terminate immediately. We will not have any liability whatsoever to you for any termination of your rights under these Terms.
Even after your rights under these Terms are terminated the following provisions of these Terms will remain in effect: Section 9, Release; Section 10, Disclaimers; Section 11, Indemnification; Section 12, Limitation of Liability.
14. Intellectual Property
All intellectual property rights relating to the Website and the App, and any content published within them are the property of ETD, or potentially in some cases its affiliates or third party providers. Such rights are protected under international copyright law and other applicable property rights and are reserved.
You are permitted to download or print information from the Website and the App if required for personal use and your own information required in order to access the services, providing you retain all copyright and other propriety notices. Users are not permitted to reproduce either in whole or in part, modify, amend, disassemble or transmit information from the website or go-too app without express written permission from ETD, nor to make use of any such content for commercial purposes, in any manner under any circumstances.
In the event that you do print or download any sections of the Website or the App for any purpose not outlined above then your right to access these platforms will cease immediately and you are obligated to either destroy any copies of such materials or return them to ETD.
15. Governing Law.
These Terms shall be governed by and construed in accordance with the laws of the State of Connecticut, without giving effect to any principles of conflicts of law. The parties agree that any action arising out of or relating to these terms and conditions shall be brought exclusively in the courts located in the state of Connecticut, and the parties hereby consent to the jurisdiction of such courts. The parties waive any right to claim that such courts are an inconvenient forum and agree to accept service of process by mail or other means recognized by Connecticut law.
16. Dispute Resolution/Class Action Waiver
All claims and disputes in connection with these Terms that cannot be resolved informally, shall be settled by binding arbitration in accordance with the rules of the Commercial Arbitration Association. The decision and award of the arbitrator will be final and binding. The arbitration will be held in the state of Connecticut. The arbitrator will enforce these Terms and will have no authority to award punitive damages, non-compensatory damages or any damages other than direct damages, or to award direct damages in excess of the limitations and exclusions set forth in these Terms. In the event that user initiate an arbitration for alleged breach of these Terms, and you do not prevail in the arbitration, you agree that ETD shall be paid its reasonable attorneys’ fees and costs. The existence of the arbitration, the arbitration proceedings and the outcome of such arbitration will be treated as Confidential Information under these Terms and will not be disclosed by either party. FURTHER, TO THE FULLEST EXTENT PERMITTED BY LAW, YOU AGREE THAT NO CLASS ACTION OR COLLECTIVE ACTIONS CAN BE ASSERTED IN ARBITRATION OR OTHERWISE. ALL CLAIMS, WHETHER IN ARBITRATION OR OTHERWISE, MUST BE BROUGHT SOLELY IN YOUR INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS ACTION OR COLLECTIVE PROCEEDING.
The failure of either party to exercise any right or remedy under these Terms, or to enforce the strict performance of any provision of these Terms, shall not constitute a waiver of such right or remedy and shall not prevent the party from exercising such right or remedy at any time in the future.
If any clause or paragraph in these Terms is considered unenforceable or invalid under any law or statute by any order of a court of law, the invalid or unenforceable clause shall not render the remainder of these Terms invalid. Any invalid provision shall be considered altered and interpreted so it does not affect the rest of these Terms.
19. Modifications and Assignment
ETD reserves the right to modify these Terms at any time, for any reason, and without notice to you. Any such modifications will be effective immediately upon posting on this page. Your continued use of the Website and the App after any modifications have been made constitutes acceptance of the revised Terms.
It is your responsibility to check this page periodically for any changes to these Terms. If you do not agree to the modified Terms, you must stop using the Website and the App.
You may not assign your rights or obligations under these Terms without our prior written consent. Any assignment in violation of this provision shall be void and of no effect. We may assign our rights and obligations under these Terms at any time, without notice to you, to any affiliated company or to any successor in interest in connection with a merger, acquisition, corporate reorganization, or sale of all or substantially all of our assets. Any such assignment shall be binding upon you and shall inure to the benefit of the assignee.
20. Entire Terms
These Terms constitute the entire agreement and supersede any and all prior agreements, arrangements and understandings between you and ETD regarding the use of the Website and the App. Our failure to exercise or enforce any right or provision of these Terms shall not operate as a waiver of such right or provision. The section titles in (or in connection with) these Terms are for convenience only and have no legal or contractual effect.