These Terms of Service (“Terms of Service”) govern the access or use by you of applications, websites, content, products, and services (the “Services” or “Service”) made available by the Baldwin Regional Area Transit System (“BRATS,” “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. If you do not agree to these Terms of Service, you may not access or use the Services. BRATS may amend these Terms of Service from time to time. Amendments will be effective upon BRATS’ 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.
The Services constitute a technology platform that enables users of the BRATS App (the “App”) to, among other things, request and schedule rides provided through the BRATS program. Unless otherwise agreed by BRATS in a separate written agreement with you, the Services are made available solely for your personal, noncommercial use.
The Service is limited in its capacity, geographic region, and hours of operation. The geographic region and hours of operation were selected based on the BRATS service area, the Service capacity, and our anticipation of demand for the Service and have no discriminatory rationale or intention.
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 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 Service. You represent and warrant that the information you provide 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 log-in 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 BRATS by e-mail to firstname.lastname@example.org. You will be solely responsible for the losses incurred by the BRATS and others due to any unauthorized use of your account.
There is a risk that unauthorized third parties may engage in illegal activity, such as hacking into our contracted vendors’ security system (Via), or by intercepting transmissions of personal information over the Internet. BRATS is not responsible for any data obtained by third parties in an unauthorized manner.
Subject to your compliance with these Terms of Service, BRATS grants you a limited, non-exclusive, non-sublicensable, revocable, non-transferrable 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 BRATS and BRATS’ licensors.
Although BRATS 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.
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 BRATS at any time. You acknowledge that opting out of receiving emails or text (SMS) messages may impact your use of the Services.
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. BRATS 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.
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 BRATS 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 may not assign these Terms of Service without the BRATS’ 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 BRATS 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. BRATS’ 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 BRATS in writing.