These Terms of Service (“Terms”) constitute a legally binding contract between you (“you” or “your”) and the Riverside Transit Agency (“RTA”) that governs your use of the RTA mobile ticketing app (“App”) along with the associated website (currently located at www.riversidetransit.com/gomobile), collectively referred to herein as the “Service.” BY ACCESSING OR USING THE SERVICE, THROUGH THE USE OF THE APP OR OTHERWISE, YOU AGREE TO BE BOUND BY THESE TERMS. IF YOU DO NOT AGREE WITH THESE TERMS, YOU MUST NOT ACCESS OR USE THE SERVICE.

By accessing the Service, through the use of the App or otherwise, you certify that you have read, understood, and agreed to be bound by these Terms. We have the right to change these Terms at any time. Your continued use of the Service will be considered your acceptance of the revised Terms. If you do not agree to any updates of the Terms, then you must immediately cease accessing the Service, as you have no right to use it if you do not agree to the updated Terms of Use.  Further, you must immediately remove the App from your Mobile Device (as defined below).

1. Registration and Use of the App.

A. Registration. In order to use the Service, you must own or control a compatible mobile device (a “Mobile Device”) and create an account. By creating an account and using the Service, you represent and warrant that you (a) are at least 18 years of age or an emancipated minor or possess legal parental or guardian consent, (b) have the legal authority to access and use the credit card registered with the App and Website for the payment of fares, (c) will comply with these Terms and all applicable laws, rules, and regulations. If we discover now or in the future that you do not meet or have not met any of the foregoing eligibility requirements, you understand and agree that your account and/or your access to the Service may be temporarily or permanently suspended or your account and access to the Service may be revoked or terminated immediately.

B. Access. You must provide at your own expense the equipment, Internet connections, Mobile Devices, and/or wireless service plans to access and use the Service. We do not guarantee that the Service can be accessed on all Mobile Devices or wireless service plans. You acknowledge that when you use the Service, your wireless carrier may charge you fees for data, messaging, and/or other wireless access. Please check with your carrier to see if there are any such fees that apply to you. YOU ARE SOLELY RESPONSIBLE FOR ANY COSTS YOU INCUR TO ACCESS THIS SERVICE FROM YOUR MOBILE DEVICE.

C. Use of the App. The RTA Mobile App, powered by Genfare, LLC., allows you to purchase mobile tickets with your Mobile Device and take other actions including viewing your transaction history and managing your account. If you wish to purchase a mobile ticket (each such purchase, a “Transaction”), you will be asked to supply certain information applicable to your Transaction, including, without limitation, payment card number and other information. RTA’s use of your personal information is subject to RTA’s Privacy Policy. You agree to pay all charges incurred by you or any users of your account and payment card (or other applicable payment mechanism) at the price(s) in effect when such charges are incurred. You will also be responsible for paying any applicable taxes relating to your purchases. The sale or purchase of tickets may be regulated by certain state, county, and city laws or regulations. You acknowledge that complying with all such laws is your responsibility. You represent and warrant that all information you provide, including, but not limited to, all information concerning your name, address, payment card number, and other identifying information of any nature will be true, complete, and correct, and that you will update all information as it changes. Verification of information may be required prior to the acknowledgment or completion of any Transaction. 

D. Your Responsibilities. You are solely responsible at all times for the proper functioning of your Mobile Device. It is your responsibility to ensure that the Mobile Device is sufficiently charged to clearly and legibly display the mobile ticket and to otherwise exhibit proof of fare payment in accordance with RTA Fare Policy , as many times as required for the duration of your use of the RTA transportation system. Additionally, you are responsible for all activities that occur on your account. Keep your username and password secure and do not allow anyone else to use them to access the Service. RTA will not be responsible for any damage or loss that arises out of the loss, theft, or unauthorized use of your Mobile Device or any other activities (whether authorized or not) occurring on your account.

E. No Cash Value. Mobile tickets are not redeemable for cash.

F. Updates. We reserve the right to modify, update or upgrade the Service, including the App (each an “Update”), at any time and for any purpose. These Terms will govern any Update provided by us.

2. Intellectual Property.

The Service, and all Content (as defined below) included on or through the Service, is the property of RTA or its licensors. The Content is protected by copyright, trademark, and other intellectual property laws. Except for the limited license expressly granted to you in Section 3.A and Section 5 below, RTA grants no other licenses be it by implication, estoppel, or otherwise, and all rights not expressly granted herein are reserved.

3. Limited License.

A. License Grant. Subject to these Terms, RTA grants to you a limited, revocable, non-transferable, non-exclusive, personal license (without the right to sublicense) to install and use the App for your non- commercial use on one or more Mobile Device(s).

B. Restrictions. You may not (i) copy or use the App in any form or by any means, except as expressly permitted by these Terms; (ii) resell, rent, lease, loan, or otherwise distribute or transfer the App to any third party; (iii) decompile, reverse-engineer, disassemble, attempt to derive the source code of, modify, or create derivative works of the App (except as and only to the extent that any foregoing restriction is prohibited by applicable law or to the extent as may be expressly permitted by the license terms governing use of any open-sourced components included with the App); or (iv) remove, obscure, or alter any copyright, trademark or other proprietary rights notices, falsify or delete any author attributions, legal notices or other labels of the origin or source of the App.

4. Third Party Services.

Portions of the Service may utilize or include third party services or provide links to certain third-party websites (collectively, “Third-Party Services”). When you engage a Third Party Service, you are interacting with the third party and not with RTA. Such Third Party Services are not under our control and we are not responsible for the contents of such Third Party Services, or any changes or updates to such Third Party Services. Posting of a link to another website does not constitute endorsement of that website (or any of the products, services or other materials offered through that website) by RTA or our licensors, regardless of whether or not the link is associated with a third party advertisement carried by the Service. We are not responsible for the privacy practices of such Third Party Services nor any data or information you may share with such Third Party Services, and make no warranties, express or implied, as to any Third Party Services or the products or services they provide. We encourage you to be aware of this when you use the Service, and to read the terms and privacy statements of each and every Third Party Service that you interact with and/or visit.

 5. Content 

Portions of the Service may contain text, images, photos, audio, video, location data, or other forms of content (collectively, “Content”). The Content may be owned by RTA or others. RTA does not accept any responsibility or liability for any Content posted by third parties on the Service. Except as may be expressly agreed by RTA, you may use the Content solely for your personal, non-commercial use in connection with the Service, and may not distribute, modify or make derivative works of any Content. We reserve the right to remove any Content from the Service at our sole discretion, with or without notice to you. We have no obligation to retain or provide you with copies of your Content.

6. Termination.

These Terms will remain in full force and effect while you use the Service. You can stop using the Service at any time. Your rights under these Terms will terminate automatically and without notice from RTA if you fail to comply with these Terms. Additionally, we may, in our sole and absolute discretion, at any time and for any or no reason, without prior notice to you: (i) change, suspend, remove, or disable access to the Service, or (ii) terminate the Service or these Terms. Upon termination of the Terms, you shall cease all use of the Service and uninstall the App from your Mobile Device. In no event will we be liable for the suspension, removal, disabling or termination of the Service or these Terms. Sections 2, 3.B, 6 through 10, and 13 will survive any termination of these Terms.

7. Acceptable Use.

In addition to the other restrictions outlined in these Terms, you agree that you will not:

Use the Service for any purpose that is illegal, beyond the scope of its intended use, or otherwise prohibited in these Terms or the terms of any third party that govern a particular Service; Use the Service in any manner that could interfere with, disrupt, negatively affect, or inhibit other users from fully enjoying the Service, or that could damage, disable, overburden, or impair the functioning of the Service in any manner; Compromise the security of the Service; Send any unsolicited or unauthorized advertising, spam, solicitations, or promotional materials; Use any robot, spider, crawler, scraper, or other automated means or interface not provided by us to access the Service or to extract data; Reverse engineer any aspect of the Service or do anything that might discover source code or bypass or circumvent measures employed to prevent or limit access to any area, content, or code of the Service; Use or attempt to use another user’s account without authorization; Attempt to circumvent any content-filtering techniques we employ, or attempt to access areas or features of the Service that you are not authorized to access; Engage in any harassing, intimidating, predatory, or stalking conduct; Impersonate any person or entity or otherwise misrepresent your affiliation with a person or entity; Violate the publicity, privacy, or data-protection rights of others; Engage in any hateful, discriminatory, abusive, disruptive, annoying, or other objectionable behavior; Infringe any patent, trademark, trade secret, copyright, or other intellectual or proprietary right of any party; Buy, sell, rent, lease, or otherwise offer in exchange for any compensation, access to your account; or Use the Service for any illegal or unauthorized purpose or engage in, encourage, or promote any activity that violates these Terms.

8. Disclaimer.

YOU EXPRESSLY ACKNOWLEDGE AND AGREE THAT YOUR USE OF THE SERVICE AND CONTENT IS AT YOUR SOLE RISK AND, TO THE MAXIMUM EXTENT PERMITTED BY LAW, THE SERVICE AND CONTENT ARE PROVIDED "AS IS" AND “AS AVAILABLE”, WITH ALL FAULTS AND WITHOUT WARRANTY OF ANY KIND, AND RTA HEREBY DISCLAIMS ALL WARRANTIES AND CONDITIONS WITH RESPECT TO THE SERVICE AND CONTENT EITHER EXPRESS OR IMPLIED OR STATUTORY, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF: MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, ACCURACY, AND NONINFRINGEMENT. RTA DISCLAIMS, TO THE MAXIMUM EXTENT PERMITTED BY LAW, ANY WARRANTIES AGAINST INTERFERENCE WITH YOUR QUIET ENJOYMENT OF THE SERVICE, THAT THE FUNCTIONS CONTAINED IN OR SERVICES PERFORMED OR PROVIDED BY THE SERVICE WILL MEET YOUR REQUIREMENTS, THAT THE SERVICE WILL BE COMPATIBLE WITH YOUR MOBILE DEVICE, AND THAT THE OPERATION OF THE SERVICE WILL BE UNINTERRUPTED, SECURE OR ERROR-FREE. NO ORAL OR WRITTEN INFORMATION OR ADVICE GIVEN BY RTA WILL CREATE ANY SORT OF WARRANTY.

9. Limitation of Liability.

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, RTA AND ITS OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, SERVICES PROVIDERS, AND LICENSORS SHALL NOT BE LIABLE TO YOU OR ANYONE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR EXEMPLARY DAMAGES, INCLUDING, BUT NOT LIMITED TO, DAMAGES FOR LOST PROFITS, GOODWILL, USE, DATA, OR OTHER INTANGIBLE LOSSES (REGARDLESS OF WHETHER WE HAVE BEEN INFORMED OF THE POSSIBILITY OF SUCH DAMAGES), HOWEVER CAUSED, WHETHER BASED ON OR UPON CONTRACT, NEGLIGENCE, STRICT LIABILITY IN TORT, WARRANTY, OR ANY OTHER LEGAL THEORY, ARISING OUT OF OR RELATED TO (i) THE USE OR THE INABILITY TO USE THE SERVICE OR ANY ERRORS, OMISSIONS, OR INACCURACIES IN ANY CONTENT AVAILABLE THROUGH THE SERVICE; (ii) THE CONDUCT OF OTHER USERS OR THIRD PARTIES;
(iii) THE PERFORMANCE OF THE PRODUCTS AND SERVICES PURCHASED THROUGH THE SERVICE; (iv) UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR DATA, CONTENT, OR PERSONAL INFORMATION; (v) ANY BUGS VIRUSES, TROJAN HORSES, OR THE LIKE THAT MAY BE TRANSMITTED TO OR THROUGH THE SERVICE; (vi) OR ANY OTHER MATTER RELATING TO THE SERVICE OR ANY PRODUCTS OR SERVICES MADE AVAILABLE THROUGH THE SERVICE.

YOUR SOLE AND EXCLUSIVE REMEDY FOR DISSATISFACTION WITH SERVICE IS TO STOP USING THE SERVICE.

THE LIMITATIONS OF DAMAGES SET FORTH ABOVE ARE FUNDAMENTAL ELEMENTS OF THE BASIS OF THE BARGAIN BETWEEN RTA AND YOU.

10. Indemnity.

You agree to indemnify, defend, and hold RTA and its officers, directors, employees, contractors, agents, licensors, suppliers, and successors harmless from and against any and all claims, liabilities, damages, losses and expenses (including attorneys’ fees) arising from or in any way related to any third party claims relating to (a) your use of the Services (including any actions taken by a third party using your account), and (b) your violation of these Terms.

11. Electronic Communications.

By using the Service, you agree to receive certain electronic communications from us, whether through the Service or by email. You may unsubscribe from certain communications at any time by clicking the appropriate link in the communication. You agree that any notice, agreement, disclosure, or other communication that we send you electronically will satisfy any legal communication requirements, including that such communications be in writing. All calls, emails, and other communications between you and RTA may be recorded and stored. All such communications from you shall be treated as user content hereunder.

12. Other Provisions.

A. Assignment. You may not assign or transfer these Terms or any of your obligations or licenses received under these Terms, in whole or in part; and any attempt to do so shall be null and void. We reserve the right to assign and transfer these Terms or delegate all or any of our obligations to third parties.

B. Governing Law & Disputes. The laws of the State of California, without regard to any conflicts of law provisions, shall govern any action or claim arising from these Terms. The venue for any action or claim arising out of or related to these Terms shall be Riverside County.

C. Third Party Beneficiaries. Except as stated in Section 2.C above, these Terms are solely for the benefit of you and us and there shall be no third party beneficiaries.

D. Waiver. Our failure to enforce any of the rights and remedies available to us with respect to your breach of these Terms shall not constitute a waiver of such breach nor of any prior, concurrent, or subsequent breach of the same or any other provision of these Terms.

E. Severability. If for any reason a court of competent jurisdiction finds any provision of these Terms to be invalid or unenforceable, that provision shall be superseded by a valid, enforceable provision that most closely matches the intent of the original provision, and the remainder of these Terms shall continue in effect and remain fully enforceable.

F. Entire Agreement. These Terms and the Privacy Policy constitute the entire agreement between you and RTA with respect to the Service and supersedes all prior or contemporaneous understandings regarding such subject matter.

13. Contact Us.

If you have any questions regarding these Terms or the Service, please feel free to contact us at: