Ridekick® 2.0.0 Terms and Conditions
June 22, 2017
These terms and conditions ("Service Terms") govern your (“you” or “your”) access to, and use of, Ridekick® service(s) (“Service(s)”) provided by Valley Metro. These Service Terms do not alter in any way the terms of any written agreement signed by you and Valley Metro. If you are using the Services on behalf of any entity, you represent and warrant that you are authorized to accept these Service Terms on such entity's behalf and the term “you” shall refer to you personally and such entity.
Valley Metro reserves the right to change or modify these Service Terms at any time and in its sole discretion. You will be required to accept modifications, updates and amendments to the Service Terms before using Ridekick®. Use of Ridekick® constitutes acceptance of these Service Terms.
You agree to comply with, and to ensure compliance with, all laws, ordinances and regulations applicable to your activities in using the Services.
You certify that you are at least 14 years of age.
Disclaimer: Valley Metro's Mobile Application, Ridekick® is a grant funded pilot project intended to assist the transit industry to develop the ability to integrate mobility on demand (MOD) practices with existing transit service and measure the impacts of MOD on travelers and transportation systems."
2. Methods of Payment.
Valley Metro accepts the following methods of payment for pass purchases: MasterCard, Visa, American Express and Discover. All pass prices are stated in U.S. Dollars.
3. Pricing, Availability; Purchase Confirmation; Refunds.
At this time, only All-Day, Full Fare transit passes can be purchased through Ridekick®. Future phases of Ridekick® will incorporate other fare types including Reduced Fare. The All-Day pass allows you to ride unlimitedly on local bus and light rail through 2:59 a.m.
If you require another fare type (i.e., Reduced Fare or a 31-Day pass), you can continue to purchase and use paper, magnetic stripe fare media available at the bus farebox, ticket vending machine or retail outlet.
While in Ridekick®, if you do not (i) receive a confirmation screen or (ii) have access to your passes in your Wallet after submitting payment information, or if you experience an error message or service interruption after submitting payment information, it is your responsibility as the customer to confirm with customer service whether or not your order has been placed. Only you may be aware of any problems that may occur during the purchase process.
Valley Metro will not be responsible for losses (monetary or otherwise) if you fail to receive the tickets and/or an order confirmation and such failure is not caused by the Services. No refunds will be issued for customer errors.
For additional information regarding how to use the Services, please review our FAQs.
4. Violations of Valley Metro Ordinances/Law; No Redemption Value.
Use of Valley Metro services is subject to applicable law. Valley Metro reserves the right, without refund of any amount paid, to prosecute and to impose any penalties permitted by law, including but not limited to exclusion and citation, upon any person whose conduct violates Valley Metro ordinances or applicable law while on the Valley Metro transportation system. You agree to fully cooperate with Valley Metro operators, supervisors, fare inspectors and law enforcement upon demand to exhibit proof of fare payment for your mobile pass in accordance with fare payment ordinances. You are solely responsible at all times for the proper functioning of your mobile phone. It is your responsibility to ensure that the mobile phone is sufficiently charged to clearly and legibly display the mobile pass and to otherwise exhibit proof of fare payment in accordance with fare payment policies, as many times as required for the duration of your use of the Valley Metro transportation system. You understand that you will be subject to penalties, including but not limited to citation and exclusion, for failure to exhibit proof of fare payment. A pass is not redeemable for cash and is non-transferable.
5. Code of Conduct.
In connection with your use of the Services, you agree that you will not:
- Restrict or inhibit any other visitor or user from using the Services, including, without limitation, by means of “hacking” or defacing any portion of the Services;
- Use the Services or the Materials (as defined below) 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 nature;
- Modify, 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;
- “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 as determined by Valley Metro’s at its sole discretion) an unreasonable or disproportionately large load on our (or our third-party providers’) infrastructure.
6. Ownership and Restrictions on Use.
The information and materials provided on or through the Services, including any data, text, designs, graphics, images, photographs, illustrations, audio and video clips, logos, icons and links (collectively, the “Materials”) are owned exclusively by Valley Metro or its licensors, and are intended to educate and inform you about the products and services offered or described on the Services. Subject to your compliance with these Service Terms, you may download one (1) copy of any Materials displayed on the Services, and you may use such downloaded Materials solely for your personal, non-commercial use (you may not resell the Services), provided that you retain all copyright and other proprietary notices contained therein. Valley Metro cannot guarantee that technical difficulties will not occur during the download of the Materials or that the Materials will download successfully. Subject to your compliance with these Service Terms, we grant you a limited license to use the Services and Materials; provided that you may not use, reproduce, modify, display, publicly perform, distribute, create derivative works of or circumvent any technological measure that effectively controls access to the Services and/or Materials in any way including, without limitation, by manual or automatic device or process, for any purpose. Use of the Services and Materials for any purpose other than as expressly authorized in these Service Terms is a violation of our copyrights and other proprietary rights, and is strictly prohibited.
The Services, including all software, databases, proprietary information and Materials (and any intellectual property and other rights relating thereto) including, without limitation, the selection, sequence and “look and feel” and arrangement of items, is solely owned and operated by Valley Metro and its licensors and will remain the property of Valley Metro and its licensors. The Services are protected by U.S. and international copyright, trademark and other laws, and you acknowledge that these rights are valid and enforceable. You further acknowledge that you do not acquire any ownership rights by using the Services or the Materials.
The trademarks, logos, and service marks displayed on the Services (collectively the “Trademarks”) are the registered and unregistered trademarks of Valley Metro and RouteMatch Software and their licensors and suppliers, and others. The Trademarks, whether registered or unregistered, may not be used in connection with any product or service that is not offered by Valley Metro, in any manner that is likely to cause confusion with customers, or in any manner that disparages Valley Metro. Nothing contained on the Services should be construed as granting, by implication, estoppel or otherwise, any license or right to use any Trademark without the express written permission of Valley Metro, Valley Metro’s licensors or suppliers, or the third-party owner of any such Trademark. Misuse of any Trademarks is prohibited, and Valley Metro will aggressively enforce its intellectual property rights in such Trademarks, including via civil and criminal proceedings.
7. Making Purchases.
8. Information Provided by Valley Metro.
Although Valley Metro strives to provide information that is both useful and accurate, the nature of the data and other information contained on the Services is subject to frequent change. In addition, the facts and circumstances of every situation differ. Accordingly, although Valley Metro endeavors to use reasonable care in assembling the Materials, the Materials may not always be up-to-date, accurate or complete.
9. Consent to Receive Emails and Notice.
As long as you maintain a registered account, you may not "opt-out" of receiving account-related emails from Valley Metro. The parties hereto may give formal notice by means of electronic mail, which electronic mail shall be considered delivered when sent. The notice address of Valley Metro shall be firstname.lastname@example.org (or such other address as is provided by Valley Metro to you) via email. Your notice address and address for the receipt of notices pursuant to this Agreement shall be the current email address listed by you in your account profile. You also agree, unless you opt out, to receive push notifications related to the Services.
10. Linking and Hyperlinking.
You are granted a limited, non-exclusive right to create a text hyperlink to the Services, provided such link does not portray Valley Metro, any of its products and services, in a false, misleading, or otherwise defamatory manner and provided further that the linking site does not contain any illegal material. This limited right may be revoked at any time. You may not use a Valley Metro logo or other proprietary graphic to link to the Services without the express written permission of Valley Metro. Further, you may not use, frame or utilize framing techniques to enclose any Valley Metro trademark, logo or other proprietary information, including the images found on the Services, the content of any text or the layout/design of any page or form contained on a page on the Services without Valley Metro 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 Valley Metro or any third-party.
11. Links and Third-Party Content.
Valley Metro may provide links to webpages and content of third-parties as a service to those interested in such links and content, and Valley Metro may post third-party content or allow users to post their content. Valley Metro does not have resources to constantly monitor or have ultimate control over any third-party content or third-party websites. Valley Metro does not endorse or adopt any third-party content or third-party websites and can make no guarantee as to its accuracy or completeness. Valley Metro does not represent or warrant the accuracy of any information contained therein and undertakes no responsibility to update or review any third-party content or third-party websites. Users use these links, third- party content and third-party websites at their own risk. When you leave the Services, you should be aware that our terms and policies no longer govern. You should review the applicable terms and policies, including privacy and data gathering practices, of any service to which you navigate from the Services.
12. Third-Party Offerings.
The Services may also provide information regarding or link to certain applications and goods and/or services provided or offered by third parties (collectively the "Third-Party Offerings"). Valley Metro is merely an information provider and is not a referral service, and it does not recommend or endorse any such Third-Party Offerings or monitor or have any control over such Third-Party Offerings. Therefore, Valley Metro makes no guarantee, representation or warranty of any kinds as to the quality, competency, value, reliability, responsiveness, accuracy or completeness of any such Third-Party Offerings or the results obtained therefrom, and Valley Metro assumes no responsibility or liability for any Third-Party Offerings or for the actions or failure to act of those providing such Third-Party Offerings. You assume full responsibility for your use of any such Third-Party Offerings, and Valley Metro is not responsible or liable for any Third-Party Offerings. In the event of a dispute between any consumer and vendor, the parties will work out the dispute themselves.
Supplemental Mobility Service Provider Terms
If you access the functionality that allows you to connect directly with third-party transportation vendors, such as car-share and ride-for-hire services, these Mobility Service Provider Terms apply. We refer to the providers of these transportation services as “Transportation Network Companies,” or “TNCs.” These additional Mobility Service Provider terms (the “MSP Terms”) apply to your use of the TNC service and are incorporated into the Service Terms. In the event of a conflict between the Service Terms and these MSP Terms, these MSP Terms shall govern, as to your use of TNCs and as to the relationships among you, us, and the TNCs with which you may be connected. By clicking “accept” or using the MSP feature you agree to these MSP terms. We reserve the right to change these terms at any time by publishing modifications or further supplements in connection with your use of the services.
12.2 Relationship Between Valley Metro and the TNCs.
Ridekick® provides information regarding transportation services provided or offered by third-party TNCs. TNCs may include ride hailing services like Lyft or Uber, other transit agencies, bike sharing applications, or others. Our relationship to TNCs is merely to offer information about them and their offerings as a convenience to you, through the Ridekick® functionality. We do not recommend or endorse any TNC, monitor or have any control over their service offerings (whether the transportation services themselves, or the related technology offerings, together, the “TNC Services”), including the adequacy, safety, timeliness or security thereof. Therefore, we make no guarantee, representation or warranty of any kind as to the quality, competency, value, reliability, responsiveness, accuracy or completeness of any TNC or the results obtained therefrom, and we assume no responsibility or liability for any TNC Service, or for the actions or failure to act of those providing TNC Services. You assume full responsibility for your use of any TNC Services, and we are not responsible or liable therefor.
12.3 TNC Terms and Conditions.
Because TNCs are third parties and offer the TNC Services to you directly after Ridekick® has connected you to a TNC, you may be required to download the TNC’s mobile application and to create a user account with the applicable TNC. To do so, you will be required to accept the terms, conditions and policies required by the applicable TNC (“TNC Terms”) and your relationship with the TNC shall be governed by those TNC Terms. When you use the TNC Services, you should be aware that Valley Metro terms and policies no longer govern such use of TNC Services; rather, the TNC Terms control. You should review the applicable TNC Terms, including privacy and data gathering practices, of any TNC Service to which you navigate from Ridekick® before downloading any TNC application, creating a user account with a TNC, or otherwise using a TNC Service. We are not responsible for the privacy practices of TNCs.
12.4 Information Valley Metro Collects to Enable Links to TNCs.
12.5 Termination of MSP Functionality.
The MSP functionality is provided to you at our discretion and may be terminated at any time.
13. Advertisements and Promotions.
Valley Metro may run advertisements and promotions from Valley Metro and/or third-parties on the Services. Your business dealings or correspondence with, or participation in promotions of, advertisers other than Valley Metro, and any terms, conditions, warranties or representations associated with such dealings, are solely between you and such third-party. Valley Metro is not responsible or liable for any loss or damage of any sort incurred as the result of any such dealings or as the result of the presence of such third-party advertisers on the Services.
These Service Terms shall remain effective until terminated in accordance with its terms. We reserve the right to immediately terminate these Service Terms, 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 at our sole discretion. Upon termination of these Service Terms, your right to use the Services shall immediately cease, and you shall destroy all Materials obtained from the Services and all copies thereof, whether made under these Service Terms or otherwise. You agree that any termination of your access to or use of the Services may be effected without prior notice, and that Valley Metro may immediately deactivate or delete your password and user name, and all related information and files associated with it, and/or bar any further access to such information or files. You agree that Valley Metro shall not be liable to you or any third-party for any termination of your access to the Services or to any such information or files, and shall not be required to make such information or files available to you after any such termination.
Violations of these Service Terms, including unauthorized use of the Services, may be investigated and appropriate legal action may be taken, including without limitation civil, criminal and injunctive redress. You agree that monetary damages may not provide a sufficient remedy to Valley Metro for violations of these Service Terms and you consent to injunctive or other equitable relief for such violations.
Valley Metro is not required to provide any refund to you if it exercises any of its rights or remedies because you have violated these Service Terms or any of Valley Metro’s rights. Additionally, we reserve the right, in our sole discretion, to modify, suspend or discontinue any part of this the Services at any time, with or without notice to you. We also reserve the right, in our sole discretion, to impose limits on certain features and services and to restrict access to any part or to all of the Services without notice to you. We shall not be liable to you or any third-party for any claim or cause of action arising out of our exercise of the foregoing rights.
15. Warranty Disclaimer.
The services, the materials on the services, and any product or service obtained through the services is provided “as is” and without warranties of any kind, either express or implied. To the fullest extent permitted by applicable law, Valley Metro and its licensors and clients disclaim all warranties, express or implied, with respect to the services, the materials, and any product or service obtained through the services, including, without limitation, implied warranties of title, non-infringement, accuracy, merchantability, and fitness for a particular purpose, and any warranties that may arise from course of dealing, course of performance or usage of trade. Applicable law may not allow the exclusion of implied warranties, so the above exclusions may not apply to you. Neither Valley Metro nor its licensors or partners warrant that your use of the services will be uninterrupted, error-free or secure, that defects will be corrected, or that the services, the server(s) on which the services are hosted is free of viruses or other harmful components. You acknowledge that you are responsible for obtaining and maintaining all telephone, computer hardware and other equipment needed to access and use the services, and all charges related thereto. You assume all responsibility and risk for your use of the services and your reliance thereon. No opinion, advice or statement of Valley Metro, whether made on the services or otherwise, shall create any warranty. Valley Metro does not warrant, endorse, guarantee, or assume responsibility for any product or service advertised or offered by a third-party through the services or any hyperlinked site, or featured in any banner or other advertising, and Valley Metro will not be a party to or in any way monitor any transaction between you and third-party providers of products or services. As with the purchase of a product or service through any medium or in any environment, you should use your best judgment and exercise caution where appropriate. Your use of the services and any materials provided through the services are entirely at your own risk. You acknowledge and agree that neither Valley Metro nor its licensors or clients is responsible for any contact or interaction between you and any other user of the services and that you bear the sole risk of transmitting through the services any content, including information which identifies you or your location.
16. Limitation of Liability.
Neither Valley Metro nor any of its Boards of Directors, member cities and counties and their council members and employees, affiliates, licensors, clients, suppliers, advertisers or sponsors, directors, officers, employees, consultants, agents or other representatives (“Valley Metro Releasees”), are or will be responsible or liable to you or to any third-party for any indirect, incidental, consequential, special, exemplary, punitive or other damages (including, without limitation, damages for loss of business, loss of data or lost profits), under any contract, negligence, strict liability or other theory arising out of or relating in any way to the services and/or materials contained on the services, any linked site or any product or service purchased through the services. Without limiting the foregoing, you expressly acknowledge and agree that the Valley Metro Releasees shall have no liability or responsibility whatsoever for (i) personal injury or property damage, of any nature whatsoever, whether arising in contract or in tort, resulting from your access to and use of our site, including any claim, cause of action, obligation, liability, right, or remedy whether or not arising from the negligence of Valley Metro or its releasees, (ii) any unauthorized access to or use of our secure servers and/or any and all personal information and/or financial information stored therein, (iii) any interruption or cessation of transmission to or from our site, (iv) any bugs, viruses, worms, Trojan horses, defects, date bombs, time bombs or other items of a destructive nature which may be transmitted to or through our site by any third-party, (v) 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, and/or (vi) the failure of a transit system to honor a ticket. Your sole and exclusive remedy for dissatisfaction with the services or materials or any linked site is to stop using the services, materials, or linked site, as applicable. The maximum liability of Valley Metro 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, shall be one hundred dollars ($100.00).
You agree to indemnify, defend and hold harmless Valley Metro, its current and former Boards of Directors, member cities and counties and their council members and employees, its affiliates, licensors, clients, suppliers, advertisers and sponsors, contractors and their respective directors, officers, employees, consultants, agents and other representatives, from and against any and all allegations, claims, damages, losses, costs (including reasonable attorneys’ fees) and other expenses that arise directly or indirectly out of or from (a) your breach of these Service Terms; (b) any allegation that any materials you submit to us or transmit to the Services infringe or otherwise violate the copyright, trademark, trade secret or other intellectual property or other rights of any third-party; and/or (c) your activities in connection with or in any manner related to the Services.
19. Interstate Nature of Communications.
You acknowledge that in using the Services you will be causing communications to be sent through interstate telecommunications networks, which are governed by federal law pursuant to the interstate commerce clause of the US Constitution. Even communications that seem to be intrastate in nature can result in the transmission of interstate communications regardless of where you are physically located at the time of transmission. You acknowledge that use of the Services results in interstate data transmissions.
20. Assignment; Change in Control.
This Agreement may not be assigned by you without the prior written approval of Valley Metro, but may be assigned without your consent by Valley Metro at its sole discretion.
If any of these Service Terms or the Terms and Conditions 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 it is enforceable and the remaining terms shall survive and remain in full force and effect and continue to be binding and enforceable.
No waiver of any term, provision or condition of these Terms and Conditions, 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.
23. Force Majeure.
If the performance of the Services or any part of this Agreement by either party is prevented, hindered, delayed or otherwise made impracticable by reason of any flood, riot, fire, judicial or governmental action, labor disputes, act of God or any other causes beyond the control of either party, that party shall be excused from such to the extent that it is prevented, hindered or delayed by such causes.
These Service Terms constitute the entire agreement between you and Valley Metro and supersede any prior written or oral agreement with regard to the Services. Any and all claims, causes of action or disputes (regardless of theory) between you and Valley Metro arising out of or related to the Service Terms, the Services or content accessed through the Services shall be governed by the laws of the State of Arizona without regard to conflict or choice of law principles. You and Valley Metro agree that any such claims, causes of action or disputes shall be brought exclusively in courts located within Maricopa County, Arizona, and you and Valley Metro agree to submit to the personal and exclusive jurisdiction of such courts. You further agree that, regardless of any statute or law to the contrary, you must file any such claim or cause of action within one year after such claim or cause of action arose or be forever barred.
25. Governing Law; Choice of Forum
This agreement is executed, delivered and will be performed in the State of Arizona, and the substantive law of Arizona (without reference to choice-of-law principles) governs its interpretation and enforcement. Any action brought to interpret or enforce any provisions of this agreement, or otherwise relating to or arising from this agreement, shall be commenced and maintained in the Superior Court of the State of Arizona in Maricopa County, and each of the Parties irrevocably consents to jurisdiction and venue in that Court for these purposes.
If you have any questions, comments or complaints regarding these Service Terms or the Services, feel free to email us at email@example.com or contact us at Valley Metro, 101 N. 1st Ave., Suite 1300, Phoenix, AZ 85003, telephone 602.253.5000.