Website Terms of Use
By using our Website, you agree to the following terms of use:
The material on this site is made available as a public service. While we do our best to keep our Website error-free, the information found on our pages may occasionally contain inaccuracies.
MATBUS does not assume any responsibility for damages or other liabilities due to the accuracy, availability, use or misuse of the information provided on its Website.
MATBUS reserves the right to modify these terms of use at any time. Your continued use of the Website after modifications are made indicates you agree with the terms as modified.
Some images on this Website are licensed for our use by a third-party company. It is illegal for you to copy these images and use them for your own purposes. Please use the feedback form below to contact us for permission to use images on this site so you can determine if license restrictions govern the image you are interested in.
MATBUS does not make any warranties or guarantees of any kind related to this Website. By using this site, you agree to hold harmless MATBUS for any claims, losses or expenses related to this Website or its use.
This Website contains links to third-party Websites. These links are provided for your convenience, and MATBUS makes no guarantees about the accuracy of the information found on other Websites. MATBUS does not assume any responsibility for damages or other liabilities related to other parties' Websites.
MATBUS Paratransit App Terms of Use
By using our App, you agree to the following terms of use:
Last Updated: May 22, 2024
1. Acceptance of Terms of Use
The MATBUS Paratransit mobile application ("App") is available as an Android and iOS mobile application that allows paratransit eligible riders to book rides on the paratransit service offered by Metro Area Transit (MATBUS).
MATBUS provides the App subject to the following Terms of Use Agreement ("Terms of Use"). The Terms of Use may be amended by MATBUS at any time. By accessing and using the App, you accept and agree to be bound by this Terms of Use. By installing and using the App, you are confirming that you are bound by these terms of use and this Terms of Use and that you are fully able and competent to understand, accept, and be bound by the terms of this Terms of Use.
PLEASE REVIEW THESE TERMS OF USE CAREFULLY. YOUR USE OF THE APP IS SUBJECT TO THIS TERMS OF USE, INCLUDING ANY AMENDMENTS. IF YOU DO NOT AGREE WITH ANY PART OF THIS TERMS OF USE, YOU CANNOT INSTALL OR USE THE APP.
2. No representations, no warranties, and no liability of MATBUS
By providing the App, MATBUS 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. MATBUS makes no representations about the suitability, reliability, availability, timeliness, and accuracy of the information, software, products, services, and related graphics contained on the App for any purpose. To the maximum extent permitted by law, all such information, software, products, services, and related graphics are provided “as is” without warranty or condition of any kind. MATBUS hereby disclaims all warranties and conditions with regard to the App and related information, software, products, services, and related graphics, including all implied warranties or conditions of merchantability, fitness for a particular purpose, title, and non-infringement.
To the maximum extent permitted by law, in no event shall MATBUS be liable for any direct, indirect, punitive, incidental, special, or consequential damages or any damages whatsoever, including, without limitation, damages for loss of use, data, or profits, arising out of or in any way connected with the use or performance of the App, with the delay or inability to use the App, the provision of or failure to provide services, or for any information, software, products, services, and related graphics obtained through the App, or otherwise arising out of the use of the App, whether based on contract, tort, negligence, strict liability, or otherwise, even if MATBUS or any of its contractors have been advised of the possibility of damages. If you are dissatisfied with any portion of the App, or with any of this Terms of Use, your sole and exclusive remedy is to discontinue using the App.
3. Your risk, responsibility, and indemnity
You agree to comply with all applicable laws and to not engage in any illegal conduct when accessing and using the App. Your use of the App is solely at your own risk and you are fully responsible for any consequences arising from your use of the App. You assume all responsibility for obtaining access to and using the App, and that access and use may involve third-party fees (such as internet service provider or airtime charges) for which you are solely responsible.
If MATBUS provides any links or other direction to third party content or websites through the App, you agree that the same is provided solely as a convenience to you and if you decide to access such external links or websites that you do so entirely at your own risk. MATBUS is not responsible for the content and privacy practices of other websites and MATBUS encourages you to examine the privacy policy and disclaimer of each site and make your own decisions regarding the disclosure of your personal information to that site.
You agree to indemnify, defend, and hold harmless MATBUS, its officers, directors, employees, agents, and third-parties, of any losses, costs, claims, causes of actions, actions, demands, lawsuits, liabilities, and expenses (including reasonable attorney’s fees) relating to or arising out of our use of or inability to use the App, any claim, your violation of these Terms, or your violation of any rights of a third-party or for your violation of any applicable laws, rules, or regulations. MATBUS reserves the right, at its own cost, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, in which even you will fully cooperate with MATBUS in asserting any available defenses.
4. Restrictions on and license to access and use
The App and all of its contents may not be used or reproduced without the express written consent of MATBUS. You shall not copy, repackage, redistribute, or modify the App or its contents, in whole or in part, in any manner whatsoever.
MATBUS 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 on the paratransit service offered by MATBUS. Any unauthorized use of the App automatically terminates the license granted by this Terms of Use.
5. Collection, retention, use, and disclosure of your personal information
To use the App, you must provide certain personal information. MATBUS utilizes Via Mobility LLS to support the provision of the App, and so that personal information may be provided to Via. By accessing and using the App, you accept and agree to be bound by MATBUS’s privacy policy and the collection of personal information.
IF YOU DO NOT AGREE WITH ANY PART OF THE MATBUS PRIVACY POLICY OR THE COLLECTION OF YOUR PERSONAL INFORMATION, THEN DO NOT INSTALL OR USE THE APP.
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.
6. Collection of other information
We may collect and store your location information if you enable your mobile device to send it to us. We may also collect information that identifies the mobile device you are using. Collection of this information improves the provision of the App. You may opt-out of location-based services at any time by editing the setting at the device level.
We may collect and store information that is generated automatically as you use the App, including your preferences and anonymous usage statistics. When you visit the App, we may receive and record information on our server logs 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 won’t 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 devices, 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 to not work properly. By using the App, you are authorizing us to gather, parse, and retain data related to the provision of the Service.
7. Your consent to communications
You agree that by entering into this Terms of Use or accessing or using the App that MATBUS, MATBUS’s service provider, Via Mobility LLC (and its agents and affiliates), or both, may send you text messages, calls, emails, and other communications for transactional, administration, and operative purposes (including but not limited to communications concerning your account or access to or use of the App). These communications may use pre-recorded or artificial voice messages and may be generated by automatic telephone dialing systems. Message and data rates may apply.
8. Modification, suspension, discontinuation, and termination
MATBUS may at any time modify, suspend, or discontinue, temporarily or permanently, the App or any part of the App, with or without notice to you. You agree that MATBUS will not be liable to you, or to any third party, for any modification, suspension, or discontinuation of the App or any part of the App.
At any time, and for any reason whatsoever (including but not limited to repeated cancellations or no-shows) and in MATBUS’s sole discretion, MATBUS may suspend or terminate your access to and use of the App or any portion of the App, or may refuse your current or future access to and use of the App or any portion of the App, or immediately terminate this Terms of Use without notice to you.
9. Severability, waiver, modification, and terms
If any provision of this Terms of Use is determined to be invalid or unenforceable in whole or in part, such invalidity or unenforceability attaches only to such provision and all other provisions in this Terms of Use remain in full force and effect. MATBUS’s failure to assert any provision or right under this Terms of Use is not a waiver by MATBUS of such provision or right.
MATBUS reserves the right to revise and update this Terms of Use in its sole discretion, and will post any updates to the Terms of Use on the App. These Terms of Use, together with MATBUS’s privacy policy, constitute the entire agreement between you and MATBUS related to your use of the App.
10. Governing Law, Venue, and Jurisdiction
This Terms of Use shall be treated as though it was executed and performed in North Dakota, and shall be governed by the laws of North Dakota without regard to conflict of law principles. Any claim or dispute related to the App or under this Terms of Use, or the Privacy Policy, and any legal notice again the App, must be instituted within one (1) year after the claim arose (if multiple claims, from the date of the first claim arose), or be forever waived and barred. You agree that you will bring any claims in, and submit to the exclusive jurisdiction of the state and federal courts located in County of Cass, in the state of North Dakota.