Last modified: November 4, 2021.
Section 2 – Registration Data and Your Account
In order to access or use the Services, you may need to create an account and log in by providing a username, password, cellular phone number, and email address. 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, or results from any use of, 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 Services, your username, password, and/or other login credentials, and any device that you use to access the Services.
You are responsible for keeping your account information accurate. You represent and warrant that the information you provide to DART during registration, during your use of the Services, and at all other times, will be true, accurate, current, and complete. You grant DART the right to disclose to third parties certain registration data about you, and you also authorize DART, directly or through third parties, to make any inquiries DART considers necessary to validate your registration.
You agree to notify DART immediately of any breach in the secrecy of your login credentials. If you have any reason to believe that your account information has been compromised or that your account has been accessed by an unauthorized third party, you agree to immediately notify DART by email at: firstname.lastname@example.org. You will be solely responsible for all losses incurred due to any unauthorized use of your account. There is risk that unauthorized third parties may engage in illegal activity to obtain stored personal information or intercept transmissions of personal information over the Internet. DART is not responsible for any data obtained by third parties in an unauthorized manner.
Section 3 – Payment of Fees and Processing
If you use a Service that requires payment of a fee, you agree to pay all fees associated with your use of such Service, and you will be required to provide a valid payment method. You agree to maintain accurate, complete, and up-to-date information in your account for billing and payment processing purposes. If, for any reason, your credit card company or other payment partner refuses to pay the amount billed for the Service, you agree that DART may, at its option, and in addition to any other rights DART may have, suspend or terminate your use of the Service and require you to pay the overdue amount by other means acceptable to DART. DART may charge a fee for reinstatement of suspended or terminated accounts. DART makes no representations or warranties regarding the amount of time needed to complete payment processing, such as delays in the banking system, nor shall DART be liable for any actual or consequential damages arising from any claim of delay.
Section 4 – User Conduct and Prohibited Transactions
The Services are for your personal and noncommercial use. You may not modify, copy, change, adapt, reverse engineer, decompile, disassemble, attempt to derive any source code or underlying ideas or algorithms, distribute, transmit, display, perform, reproduce, publish, license or sub-license, create derivative works from, transfer, or sell the Services, any part of the Services, or any information, software, products or services obtained from the Services. You may not remove any copyright, trademark, or other proprietary notices contained in or on the Services or “frame” or “mirror” any part of the Services. You may not infringe or violate the intellectual property rights or any other rights of anyone else, including DART or its licensors, in connection with your use of the Services.
You may not transmit any software, files, or other materials that contain viruses, corrupted files, or any other similar software or programs that are malicious, destructive, or may otherwise damage the operation of another’s computer or device.
You may not restrict or inhibit any other party from using the Services or use the Services in any manner which could damage, disable, overburden, or impair the Services or otherwise interfere with any other party’s use and enjoyment of the Services. Without limiting the foregoing, you may not take any action that imposes or may impose an unreasonable or disproportionately large load on DART’s (or DART’s third-party vendors’ or service providers’) infrastructure.
You may not obtain or attempt to obtain any materials or information through any means not intentionally made available or provided for through the Services. Without limiting the foregoing, you may not use any 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 or harvest or otherwise collect information about others.
Section 5 – Consent to Electronic Communications
Notices or other communications regarding your account and/or your use of the Service(s) (“Communications”) may be provided to you electronically, and you agree to receive all Communications from DART (including, where applicable, on behalf of its third-party vendors or service providers) in electronic form. Communications may be posted within the Services, as applicable, and/or delivered to the email address you provided to DART upon registration. You may print a copy of any Communications and retain it for your records. All Communications in either electronic or paper format will be considered to be in “writing,” and shall be deemed to have been given and received no later than upon the expiration of forty-eight (48) hours after mailing or posting (if sent by first class mail or pre-paid post) or twelve (12) hours after sending or posting (if sent by email or posted electronically on the Services), regardless of whether you have received or retrieved the Communication. DART reserves the right, but assumes no obligation, to provide Communications in paper format. Your consent to receive Communications electronically is valid until you revoke your consent by notifying DART of your decision to do so by emailing DART at: email@example.com. If you revoke your consent to receive Communications electronically, DART will terminate your right to use the Services. You have an affirmative obligation to provide DART with a correct, current, and functional email address and to promptly notify DART as to any changes to or functionality of any and all email addresses you provide DART.
Section 6 – User Eligibility and Restrictions
To the extent applicable, DART complies with the requirements of the Children’s Online Privacy Protection Act, and accordingly, the Services are offered and available to users who are 13 years of age or older. By using any of the Services, you represent and warrant that you are 13 years of age or older. If you are not 13 years of age or older, you must not access or use the Services. Further, by using any of the Services, you represent and warrant that you are at least the age of majority in your state or province of residence, or that you are the age of majority in your state or province of residence and you have given DART your consent to allow any of your minor dependents to use the Services.
Section 7 – Export Controls and International Use
Any software available on, through, or in connection with the Services (“Software”) is subject to United States export controls. No Software may be downloaded or exported, directly or indirectly, into a country, or to a national or resident of any country, prohibited by or subject to United States export restrictions. Further, although the Services may be accessible worldwide, DART makes no representation that the Services, or content available on or through the Services, are appropriate or available for use in locations outside the United States, and any access of the Services from territories or jurisdictions where their contents are illegal is expressly prohibited. Those who choose to access the Services from other locations do so on their initiative and are responsible for compliance with local laws. If you are a non-U.S. user, you warrant that you are violating no law or regulation by your use of the Service(s), and you indemnify DART and its affiliates, directors, officers, employees, agents, and contractors from any and all liability that may arise from your use of the Service(s). Any offer for any product, service, and/or information made in connection with the Services is void where prohibited.
Section 8 – Mobile Ticketing (For Users of the MyDART App Only)
A mobile ticket refers to a type of pass or ride credit purchased through the Services using a smartphone or mobile device. Tickets purchased through the Services may be stored on your phone or other mobile device through the Service. The security of your smartphone, mobile device, and mobile ticket is your responsibility. If any of the foregoing are lost or stolen, DART will not provide a duplicate or replacement mobile ticket. It is also your responsibility to use a charged and properly operating phone or mobile device with Internet connectivity to access and use the Service(s). You are solely responsible at all times for the proper functioning of your phone or mobile device to activate and present your proof of payment. You cannot print or transfer ride credits or mobile tickets purchased through the Services.
Section 9 – Network Access and Devices
You are responsible for obtaining and maintaining the data network access necessary to use the Services. Your mobile network’s data and message 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 any updates thereto. DART 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 – Software License
Section 11 – Third-Party Offerings.
The Services may also include third party advertisements and promotions or may otherwise provide information regarding or link to certain applications and goods and/or services provided or offered by third parties (collectively, the "Third-Party Offerings"). DART is merely an information provider and is not a referral service, and DART does not recommend or endorse any such Third-Party Offerings or monitor or have any control over such Third-Party Offerings. DART makes no guarantee, representation, or warranty of any kind as to the quality, competency, value, reliability, responsiveness, accuracy, or completeness of any such Third-Party Offerings or the results obtained therefrom, and DART 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. Your business dealings or correspondence with, or participation in promotions of, advertisers other than DART, and any terms, conditions, warranties, or representations associated with such dealings, are solely between you and such third party. DART is not responsible or liable for any loss or damage of any kind or nature incurred as the result of any such dealings or as the result of the presence of such third-party advertisers or Third-Party Offerings on the Services, and you assume full responsibility for your use of any such Third-Party Offerings.
Section 12 – Indemnification
Section 13 – Disclaimer of Warranties
ALL SERVICES ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS. DART DISCLAIMS ALL REPRESENTATIONS AND WARRANTIES OF ANY KIND, WHETHER STATUTORY, EXPRESS, OR IMPLIED, INCLUDING, WITHOUT LIMITATION, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND THE WARRANTY OF NONINFRINGEMENT. IN ADDITION, AND WITHOUT LIMITING THE FOREGOING, DART MAKES NO REPRESENTATION, WARRANTY, OR GUARANTEE: (A) THAT THE SERVICES WILL BE UNINTERRUPTED, SECURE, OR FREE FROM MISTAKES, ERRORS, OR DEFECTS; OR (B) REGARDING THE ACCURACY, RELIABILITY, TIMELINESS, QUALITY, SUITABILITY, OR AVAILABILITY OF: (i) THE SERVICES; (ii) INFORMATION OBTAINED FROM OR THROUGH THE SERVICES; OR (iii) ANY SERVICES REQUESTED THROUGH THE USE OF THE SERVICES.
THE SERVICES COULD INCLUDE TECHNICAL OR OTHER MISTAKES, INACCURACIES, OR TYPOGRAPHICAL ERRORS. DART MAY MAKE CHANGES TO THE SERVICES, INCLUDING THE PRICES AND DESCRIPTIONS OR ANY PRODUCTS OR SERVICES, AT ANY TIME WITHOUT NOTICE.
YOU ACKNOWLEDGE AND AGREE THAT YOUR USE OF THE SERVICES IS DONE AT YOUR OWN DISCRETION, THE ENTIRE RISK ARISING OUT OF YOUR USE OF THE SERVICES, AND ANY SERVICE REQUESTED IN CONNECTION THEREWITH, REMAINS SOLELY WITH YOU, AND YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGES OR LOSSES, INCLUDING, WITHOUT LIMITATION, LOSS OF DATA, THAT RESULTS FROM SUCH ACTIVITIES, TO THE MAXIMUM EXTENT PERMITTED UNDER APPLICABLE LAW.
Section 14 – Limitation of Liability
TO THE MAXIMUM EXTENT PERMITTED UNDER APPLICABLE LAW, IN NO EVENT SHALL DART BE LIABLE FOR ANY DAMAGES CAUSED OTHER THAN BY DART’S INTENTIONAL MISCONDUCT. FURTHER, AND WITHOUT LIMITING THE FOREGOING, IN NO EVENT SHALL DART BE LIABLE FOR DIRECT, INDIRECT, INCIDENTAL, SPECIAL, EXEMPLARY, PUNITIVE, OR CONSEQUENTIAL DAMAGES, LIABILITIES OR LOSSES OF ANY KIND OR NATURE, INCLUDING, WITHOUT LIMITATION, LOST PROFITS, LOST DATA, LOSS OF PRIVACY, DISCLOSURE OF CONFIDENTIAL INFORMATION, PERSONAL INJURY, OR PROPERTY DAMAGE IN ANY WAY RELATED TO, IN CONNECTION WITH, OR OTHERWISE ARISING OUT OF OR RESULTING FROM: (1) YOUR USE OF OR RELIANCE ON THE SERICES; (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 DART’S SYSTEMS OR SERVICES OR THE SYSTEMS OR SERVICES OF DART’S AGENTS, THIRD-PARTY VENDORS OR SERVICE PROVIDERS, OR OTHER CONTRACTORS; 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, IN ANY CASE EVEN IF DART HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
IN ADDITION, AND WITHOUT LIMITING THE FOREGOING, DART SHALL NOT BE LIABLE FOR ANY ACT OR OMISSION OF ANY THIRD PARTY (INCLUDING, BY WAY OF EXAMPLE, AND WITHOUT LIMITATION, ANY PROVIDER OF TELECOMMUNICATIONS SERVICES, INTERNET ACCESS, OR DEVICE EQUIPMENT OR SOFTWARE), OR ANY CIRCUMSTANCES OR CAUSES BEYOND DART’S CONTROL (INCLUDING, BY WAY OF EXAMPLE, AND WITHOUT LIMITATION, FIRE, FLOOD, OR OTHER NATURAL DISASTER, EPIDEMIC, PANDEMIC, WAR, RIOT, STRIKE, ACT OF CIVIL OR MILITARY AUTHORITY, LABOR DISPUTE, EQUIPMENT OR DEVICE FAILURE, COMPUTER VIRUS, OR FAILURE OR INTERRUPTION OF ELECTRICAL, TELECOMMUNICATIONS, OR OTHER UTILITY SERVICES). IN NO EVENT SHALL DART’S TOTAL LIABILITY TO YOU IN CONNECTION WITH THE SERVICES FOR ALL DAMAGES, LOSSES, AND CAUSES OF ACTION EXCEED ONE HUNDRED DOLLARS ($100).
Section 15 – Termination
Section 16 – Choice of Law
Section 17 – Notices
DART may give any notice to you 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 and received upon the expiration of forty-eight (48) hours after mailing or posting (if sent by first class mail or pre-paid post) or twelve (12) hours after sending or posting (if sent by email or posted electronically on the Services). You may give notice to DART, with such notice deemed given when received by DART, at any time by first class mail or pre-paid post to Des Moines Area Regional Transit Authority, 620 Cherry Street, Des Moines, Iowa 50309.
Section 18 - Content Disclaimer
Although DART 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 may be subject to frequent changes. Accordingly, the content, information, and related materials available via the Services may not be up-to-date, accurate, or complete at all times.
Section 19 – General Provisions