TERMS OF USE
June 1, 2021
Section 1- Introduction
These Terms of Service (“Terms of Service”) govern the access or use by you of applications, websites, content, products, and services (the “Services”) made available by Bay Transit Express, operated by Bay Aging (“Bay Aging”, “we”, or “us”). PLEASE READ THESE TERMS OF SERVICE CAREFULLY BEFORE ACCESSING OR USING THE SERVICES.
Your access and use of the Services constitutes your agreement to be bound by these Terms of Service, which establish a contractual relationship between you and Bay Aging. If you do not agree to these Terms of Service, you may not access or use the Services. Bay Aging may amend these Terms of Service from time to time. Amendments will be effective upon Bay Transit Express’s posting of such updated Terms of Service at this location. Your continued access or use of the Services after such posting constitutes your consent to be bound by the Terms of Service, as amended.
Our collection and use of personal information in connection with the Services is as provided in Bay Transit Express’s Privacy Policy located at www.baytransit.org/privacypolicy . You understand and acknowledge that any information you submit to Bay Transit Express is subject to public inspection and copying under the Virginia Public Records Act, unless exempt by law.
Section 2 – The Services
The Services constitute a technology platform that enables users of the Bay Transit Express mobile app (the “App”) to, among other things, request, schedule, and pay for rides provided through the Bay Transit Express service. Unless otherwise agreed to by Bay Aging in a separate written agreement with you, the Services are made available solely for your personal, noncommercial use.
Section 3 – Eligibility to Use the Service
By using the Bay Transit Express app, you represent that you are at least 18 years old, or that you are 18 years old and you have given us your consent to allow any of your minor dependents to use this site. If you are a parent or guardian of a minor who has registered for or used the Service without your consent, please contact us at baytransitexpress@bayaging.org.
Agent of a Company, Entity, or Organization. If you are using the Service on behalf of a company, entity, or organization (collectively “Organization“), then you represent and warrant that you:
- are an authorized representative of that Organization;
- have the authority to bind that Organization to these Terms; and
- agree to be bound by these Terms on behalf of that Organization.
Section 4 – Your Account and Login Credentials
To use the Service, you may need to log in by providing a username, password, and cellular phone number. Your account is personal to you, and you may not share your account information with, or allow access to your account by, any third party. As you will be responsible for all activity that occurs under your access credentials (including, without limitation, the behavior of any other people that travel in your party), you agree to use reasonable efforts to prevent unauthorized access to or use of the Service and to preserve the confidentiality of your username and password, and any device that you use to access the Service.
You are responsible for your login credentials and for keeping your information accurate. You are responsible for any activity resulting from the use of your login credentials on the Service. You represent and warrant that the information you provide to Bay Transit Express upon use of the Service and at all other times will be true, accurate, current, and complete.
You agree to notify us immediately of any breach in secrecy of your login information. If you have any reason to believe that your account information has been compromised or that your account has been accessed by a third party, you agree to immediately notify Bay Aging by email at baytransitexpress@bayaging.org. You will be solely responsible for the losses incurred due to any unauthorized use of your account.
If you choose to set up your Account to electronically pay, you will also be required to provide a valid payment method (either a credit card or accepted payment partner). You agree to maintain accurate, complete, and up-to-date information in your Account. You grant Bay Aging the right to provide any information you submit to third parties for purposes of facilitating the completion of any transactions initiated by you or on your behalf.
There is a risk that unauthorized third parties may engage in illegal activity, such as hacking into Bay Transit Express or Bay Aging’s contracted vendors’ security system, or by intercepting transmissions of personal information over the Internet. Bay Aging is not responsible for any data obtained by third parties in an unauthorized manner.
Section 5 – License
Subject to your compliance with these Terms of Service, Bay Aging grants you a limited, non-exclusive, non-sublicensable, revocable, non-transferable license to: (i) access and use the App on your personal mobile device 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 Bay Aging’s licensors.
Although Bay Aging strives to provide content, information, and related materials that are both useful and accurate, the nature of the data and other information available via the Services is subject to frequent change. Accordingly, the content, information, and related materials available via the Services may not be up-to-date, accurate, or complete at all times.
Section 6 – 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;
- Transmit any software or other materials that contain any viruses, worms, Trojan horses, defects, date bombs, time bombs or other items of a destructive or malicious nature;
- Modify, copy, change, adapt, sub-license, translate, sell, reverse engineer, decompile or disassemble any portion of the Services or otherwise attempt to derive any source code or underlying ideas or algorithms of any part 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 device or process to retrieve, index, data mine or in any way reproduce or circumvent the navigational 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.
As a consequence for violating the code of conduct, Bay Aging reserves the right to block passengers from using the service via the app.
Section 7 – Mobile Ticketing
A mobile ticket refers to a type of pass or ride credit, purchased through the App using an Apple, Android or Windows smartphone or mobile device. The security of your mobile device or pass is your responsibility. In the event that the pass or your mobile device is lost or stolen, Bay Aging will not provide a duplicate or replacement pass. You cannot print or transfer ride credits or passes purchased through the app.
Section 8 – Consent to Receive Emails and Text Messages
By creating an Account, you agree that the Services may send you informational emails and text (SMS) messages as part of the normal business operation of your use of the Services. You may opt-out of receiving emails and text (SMS) messages from Bay Aging at any time. You acknowledge that opting out of receiving emails or text (SMS) messages may impact your use of the Services.
Section 9 – Network Access and Devices
You are responsible for obtaining the data network access necessary to 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 the Application and any updates thereto. Bay Aging does not guarantee that the Services, or any portion thereof, will function on any particular hardware or devices. In addition, the Services may be subject to malfunctions and delays inherent in the use of the Internet and electronic communications.
Section 10 – Disclaimer
THE SERVICES ARE PROVIDED “AS IS” AND “AS AVAILABLE.” BAY AGING 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, BAY AGING 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 SERVICES, OR THAT THE SERVICES WILL BE UNINTERRUPTED OR ERROR-FREE. YOU AGREE THAT THE ENTIRE RISK ARISING OUT OF YOUR USE OF THE SERVICES, AND ANY SERVICE REQUESTED IN CONNECTION THEREWITH, REMAINS SOLELY WITH YOU, TO THE MAXIMUM EXTENT PERMITTED UNDER APPLICABLE LAW.
Section 11 – Limitation of Liability
BAY AGING 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, EVEN IF BAY AGING HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. BAY AGING SHALL NOT BE LIABLE FOR ANY DAMAGES, LIABILITY OR LOSSES ARISING OUT OF (1) YOUR USE OF OR RELIANCE ON THE SERVICES; (2) YOUR INABILITY TO ACCESS OR USE THE SERVICES; (3) ANY UNAUTHORIZED ACCESS TO OR USE OF ANY AND ALL PERSONAL INFORMATION AND/OR FINANCIAL INFORMATION STORED ON OUR OR OUR AGENTS’ 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, TRANSMITTED OR OTHERWISE MADE AVAILABLE VIA THE SERVICES, EVEN IF BAY AGING HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. BAY AGING SHALL NOT BE LIABLE FOR DELAY OR FAILURE IN PERFORMANCE RESULTING FROM CAUSES BEYOND BAY AGING’S REASONABLE CONTROL. IN NO EVENT SHALL BAY AGING’S TOTAL LIABILITY TO YOU IN CONNECTION WITH THE SERVICES FOR ALL DAMAGES, LOSSES, AND CAUSES OF ACTION EXCEED FIVE HUNDRED U.S. DOLLARS (US $500).
Section 12 – Indemnity
You agree to indemnify and hold Bay Aging 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 or services obtained through your use of the Services; (ii) your breach or violation of any of these Terms of Service; or (iii) your violation of the rights of any third party, all without, however, waiving any governmental immunity available to Bay Aging under California law.
Section 13 – Termination
These Terms of Service shall remain effective until terminated in accordance with its terms. We reserve the right to immediately terminate these Terms of Service, and/or your access to and use of the Services or any portion thereof, at any time and for any reason, with or without cause. Additionally, we reserve the right, in our sole discretion, to modify, suspend or discontinue any part of the Services at any time, with or without notice to you. Upon termination of these Terms of Service, your right to use the Services shall immediately cease. You agree that Bay Aging may immediately deactivate or delete your password and username, and all related information and files associated with it, and/or bar any further access to such information or files.
Section 14 – Choice of Law
These Terms of Service and the rights and obligations of the parties under these Terms of Service will be governed by, and construed and interpreted in accordance with, the laws of the Commonwealth of Virginia, excluding its rules of conflicts of law. Any and all obligations under these Terms of Service are due in Gloucester County, Virginia and the parties hereby irrevocably consent to the jurisdiction of the courts in Gloucester County, Virginia with respect to all disputes arising out of these Terms of Service.
Section 15 – Notice
Bay Aging may give notice by means of a general notice on the Services, electronic mail to your email address in your Account, or by written communication sent by first class mail or pre-paid post to the address in your Account, if you provided one. Such notice shall be deemed to have been given upon the expiration of 48 hours after mailing or posting (if sent by first class mail or pre-paid post) or 12 hours after sending (if sent by email). You may give notice to Bay Aging, with such notice deemed given when received by Bay Aging, at any time by first class mail or pre-paid post to Bay Aging/Bay Transit, 111 Commerce Parkway, Warsaw, VA 22572 United States
Section 16 – General
You may not assign these Terms of Service without Bay Aging’s prior written approval. Any purported assignment in violation of this section shall be void. No joint venture, partnership, employment, or agency relationship exists between you and Bay Aging as a result of this agreement or use of the Services. If any provision of these Terms of Service is held to be invalid or unenforceable, such provision shall be struck and the remaining provisions shall be enforced to the fullest extent under law. Bay Aging’s failure to enforce any right or provision in these Terms of Service shall not constitute a waiver of such right or provision unless acknowledged and agreed to by Bay Aging in writing.
Effective Date
This policy is effective as of June 01, 2021