Terms of Service

 

San Mateo County Transit District (SamTrans)

OnDemand System and App Terms of Service

Updated April 29, 2019

 

1.            Introduction. The SamTrans OnDemand Mobile Application ("the App") allows you to use and pay the fare to ride Via Transportation, Inc.'s (Via) on-demand microtransit service via your mobile device. This Agreement and the applicable privacy policies and terms of use (including SamTrans’ Privacy Policy, currently accessible at www.samtrans.com/about/PrivacyPolicy, and Via’s privacy policy, currently accessible at ridewithvia.com/privacy-policy/, and Via's terms of use, currently accessible at ridewithvia.com/terms-of-use/) govern your registration, access to, and use of, the OnDemand service, the App and the website at www.samtrans.com/ondemand [CJG1] (“the OnDemand App Website”) (the “App” and the “OnDemand App Website” are further, individually and collectively, referred to as the “OnDemand System”). If you are using the OnDemand System on behalf of any entity, you represent and warrant that you are authorized to accept and agree to be bound by this Agreement on behalf of yourself and the entity that you represent.

BY CLICKING ON THE CHECK BOX BELOW, YOU, AS THE PERSON SEEKING TO USE THE ONDEMAND SYSTEM, REPRESENT THAT YOU HAVE READ, UNDERSTAND, AND AGREE TO BE BOUND BY THIS AGREEMENT, WHICH ESTABLISHES A CONTRACT BETWEEN YOU, THE SAN MATEO COUNTY TRANSIT DISTRICT (SAMTRANS), AND VIA, WHICH IS SAMTRANS’ VENDOR THAT ASSISTS WITH OPERATION OF THE ONDEMAND SYSTEM. YOU MUST INDICATE YOUR CONSENT TO THE TERMS AND CONDITIONS OF THIS AGREEMENT BY CHECKING THE BOX BELOW. IF YOU DO NOT AGREE TO OR DO NOT UNDERSTAND THIS AGREEMENT, YOU MUST NOT USE THE ONDEMAND SYSTEM, AND YOU MUST USE ANOTHER MEANS TO PAY THE FARE REQUIRED TO RIDE SAMTRANS.  

ANY QUESTIONS, ISSUES, OR CONCERNS REGARDING THE ONDEMAND SYSTEM MUST BE DIRECTED TO THE SAMTRANS CUSTOMER SERVICE CENTER at 1.800.660.4287 or www.samtrans.com/contact.

For translations, call 1.800.660.4287 / للترجمة, أتصل علي 1.800.660.4287 / Թարգմանության համար զանգահարել 1.800.660.4287 / 如需翻譯,請電1.800.660.4287 / Pour traduction, appelez au 1.800.660.4287 / Übersetzung unter 1.800.660.4287 / અનુવાદ માટે, 1.800.660.4287 પર ફોન કરો / לתרגום יש להתקשר לטלפון 1.800.660.4287 / अनुवाद के लिए, 1.800.660.4287 पर कॉल करें। / Per traduzioni chiamare 1.800.660.4287 / 翻訳のご用命は、+1.800.660.4287 までお電話ください。번역을 원하시면, 1.800.660.4287번으로 전화하십시오. / សម្រាប់សេវាកម្មបកប្រែ សូមទាក់ទងតាមទូរស័ព្ទលេខ1.800.660.4287./ برای ترجمه، با شماره 1.800.660.4287 تماس بگیرید./ Para tradução, ligue para 1.800.660.4287./ Po tłumaczenie proszę dzwonić na 1.800.660.4287./ Если вам нужны услуги переводчика, обращайтесь по телефону 1-800-660-4287 / Po tłumaczenie proszę dzwonić na 1.800.660.4287. / Если вам нужны услуги переводчика, обращайтесь по телефону 1.800.660.4287. / Za prevodjenje nazovite 1.800.660.4287. / Para sa pagsasalin sa ibang  wika, mangyaring tumawag sa 1.800.660.4287. / สำหรับการแปลภาษา โทร 1.800.660.4287. ترجمہ کے لیے، 1.800.660.4287 پر کال کریں۔۔ / Cần dịch thuật, xin gọi 1.800.660.4287.

2.            Purpose of the Services and Access License. The purpose of the OnDemand System and your use of the OnDemand System is limited to requesting trips on the SamTrans OnDemand System and paying the applicable fare to ride SamTrans or any other aggregated service, by using a smart phone or other electronic device. The SamTrans OnDemand App can only be used on the SamTrans OnDemand System. SamTrans grants you a non-exclusive, non-transferable, revocable license to access and use the App to make trip requests and pay fares strictly and only for SamTrans OnDemand transit services and to access information about those fares and services.

3.            Creating an Account. The OnDemand System requires you to register by providing your personal contact information, including your name, phone number, and email. If you are using the App for payment, you will need to provide your payment (credit card) information to use the OnDemand System to pay for your fare. If you are registering on behalf of an entity, you must provide personal contact and payment information about that entity. You agree that the information you provide is accurate and complete, and you agree to update that information if it changes. Your failure to provide accurate and complete information will be a breach of this Agreement and may result in termination of your account and of denial of access to the OnDemand System.

4.            Children. No part of the Service is directed to persons under the age of 13. IF YOU ARE UNDER 13 YEARS OF AGE, PLEASE DO NOT USE OR ACCESS THE SERVICE AT ANY TIME OR IN ANY MANNER.

By accessing the OnDemand App Website and creating an account to use the OnDemand System, you represent and affirm that you (a) are at least 18 years of age or an emancipated minor or possess legal parental or guardian consent, and (b) if applicable, have the legal authority to access and use the credit card registered with the App and OnDemand App Website for the payment of fares. By using the OnDemand System, you represent and affirm that you have the legal authority to access and use the credit card registered with the OnDemand System for the payment of fares. Any dispute, claim or controversy arising out of or relating to this Agreement will be settled by the San Mateo County Small Claims Court or in arbitration.

5.            Security of Account Information. As part of your registering for the OnDemand System, you will select a User ID and an Account Password, which will be linked to your payment and contact information. You are responsible for maintaining the security and confidentiality of your User ID and Account Password. You are also solely responsible for all activities that occur through your User ID and Account Password. You agree not to access or use, or attempt to access or use, the OnDemand System or any part of them by using the identity or the registration data of any person other than yourself. You agree to notify SamTrans immediately of any unauthorized use of your User ID or Account Password.

6.            Confirming Account Information. IMPORTANT: You can change or update your account information only through the App. SamTrans and Via will never ask you to confirm or update your account information through a link in an email. If you receive an email message purportedly from SamTrans or Via asking you to click on a link to provide personal or credit card information, DO NOT CLICK ON THE LINK—it is likely an attempt to obtain your personal information for fraudulent or other illegal purposes. If you receive such an email, please immediately report it to SamTrans by contacting SamTrans’ Customer Service Center at 1.800.660.4287 or submit via website – www.Samtrans.com/contact.

7.            Using the OnDemand System to Pay a Fare. The following methods of payment can be used for a fare transaction: American Express, Discover, MasterCard and Visa. A fare is the amount set by the SamTrans for a person to ride SamTrans and aggregate service. If you wish to use the OnDemand System to purchase a ticket (pay a fare), you will be asked to supply credit card information and other related information. You understand that any such information will be treated by the SamTrans as required by the SamTrans’ Privacy Policy (www.samtrans.com/about/PrivacyPolicy) and Via's Privacy Policy (ridewithvia.com/privacy-policy/). You promise that all information you provide, including but not limited to all information concerning your name, address, credit card number or other payment information, and other identifying information of any nature necessary to pay a fare, is true, complete and correct and that you will update all information if it changes. You grant SamTrans and Via the right to provide any information you submit in registering to use the OnDemand System or to pay a fare to third-parties for purposes of facilitating the fare payment initiated by you or on your behalf. Verification of information may be required to complete a ticket sale.

You agree to pay all charges incurred by you or by any users of your account and credit card at the price(s) in effect when such charges are incurred. Fares are set by the SamTrans Board of Directors during publicly noticed meetings and stated in U.S. Dollars. Notices of fare increases may not be posted on SamTrans' website until the increased fare comes into effect. Notices of public meetings at which fare increases are discussed and determined may be found at www.Samtrans.com. By using the OnDemand System to purchase a fare, you represent and affirm that you are authorized to charge the credit card used to pay the fare transaction. SamTrans does not retain any payment (credit card) information. SamTrans only retains your personal contact information and ticket data. SamTrans does not own the App; the App is provided to SamTrans under license by Via, including for your use. Payment is processed by Via's subconsultant Braintree, a division of PayPal, Inc., which is responsible for the security of credit card information.

8.            Pricing, Availability; Purchase Confirmation; Refunds. In order to use the OnDemand System, you must submit a request for a trip at which time the App will display the vehicle's estimated time of arrival. If you are using the App to pay your fare, you will receive an email with a receipt for the amount paid after your trip is complete. If you do not receive a purchase receipt after submitting payment information, or if you experience an error message or service interruption after submitting payment information, it is your responsibility to confirm with SamTrans Customer Service whether or not your order has been received. You may be the only person capable of knowing of any problems that may occur during the fare payment process. SamTrans will not be responsible for losses (monetary or otherwise) if you fail to receive the order confirmation and such failure is not caused by the OnDemand System.

It is your responsibility to use a charged and properly operating mobile device with Internet connectivity to access and use the App. You are solely responsible at all times for the proper functioning of your mobile phone/device to activate and present your confirmation number.

9.            Fare Payment and Legal Requirements. Use of the SamTrans transit services are subject to your payment of applicable fare charges and any applicable fees. Fare transactions may be regulated by certain federal, state, and local laws or regulations. You agree to comply with all laws applicable to using the OnDemand System and SamTrans' policies and procedures. You acknowledge that complying with all applicable laws is your responsibility. SamTrans reserves the right, without refund of any amount paid, to prosecute and to impose any penalties allowed by applicable law, including but not limited to exclusion and citation, upon any person whose conduct violates SamTrans fare payment policies or applicable law in purchasing tickets and accessing or riding SamTrans facilities and vehicles. SamTrans will comply with law enforcement officials and may provide them with all information you submit to us to assist in any investigation or prosecution they may conduct. You are solely responsible for any data charges or other charges you may be assessed by your mobile phone service provider. A ticket is not redeemable for cash.

10.          Consent to Receive Emails and Text Messages. By creating an account, you agree that SamTrans and Via may send you informational emails and text (SMS) messages as part of the normal business operation of your use of the OnDemand System including (i) when you register with the service, (ii) when you make a reservation, (iii) when your vehicle is approaching the designated pick-up location, (iv) when your vehicle is at the designated pick-up location, and (v) when you reset your password with the service. SMS text message and data rates, as determined by your wireless carrier, may apply. By registering with the service, you consent to receive these SMS text messages.

You may opt-in to receiving promotional email messages from SamTrans at any time. You acknowledge that opting in to email messages may impact your use of the OnDemand System. If you wish to opt out of promotional emails, you can unsubscribe from our promotional email list by following the unsubscribe options in the promotional email itself. You acknowledge that you are not required to consent to receive promotional emails as a condition of using the OnDemand System.

11.          OnDemand System User Code of Conduct. In connection with your use of the OnDemand System, you agree that you will not: (a) Restrict or inhibit any other visitor or user from lawfully using the OnDemand System, including, without limitation, by means of “hacking” into or otherwise accessing the OnDemand System in a manner that is not authorized by SamTrans or defacing any portion of the OnDemand System; (b) Use the OnDemand System for any unlawful purpose; (c) Transmit any software onto the OnDemand System that contains any viruses, worms, Trojan horses, defects, date bombs, time bombs or other items of a destructive nature; (d) Modify, adapt, sub-license, translate, sell, reverse engineer, decompile or disassemble any portion of the OnDemand System, or otherwise attempt to derive any source code or underlying ideas or algorithms of any part of the OnDemand System; (e) Attempt to access another person's personal information or data on the OnDemand System; (f) Remove any copyright, trademark or other proprietary rights notices contained on the OnDemand System; (g) “Frame” or “mirror” any part of the OnDemand System; (h) Use any robot, spider, offline reader, 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 OnDemand System or its contents without SamTrans’ prior written consent; (i) Upload or attempt to upload content to the OnDemand System other than the information specifically required by SamTrans for your access to or use of the OnDemand System; (j) Take any action that imposes or may impose (in SamTrans’ sole discretion) an unreasonable or disproportionately large load on SamTrans’ (or its third-party providers’) infrastructure; or (k) Intentionally damage or deface any SamTrans property, including facilities, vehicles, equipment.

12.          SamTrans May Change the OnDemand System or the Agreement at Any Time. SamTrans, including through its vendor Via, reserve the right to change or modify the OnDemand System, this Agreement and their Privacy Policies (www.caltrain.com/privacypolicy ridewithvia.com/privacy-policy/) at any time and in their sole discretion. Your continued use of the OnDemand System indicates your acceptance of the changes to this Agreement or associated privacy policies. If you disagree with or do not accept the changes in this Agreement, you must discontinue using the OnDemand System. SamTrans, including through Via, may require that all users download and accept the updated App and use only the latest update to the App to utilize the App and otherwise access the OnDemand System. SamTrans does not warrant or otherwise guarantee that the App or the updated App will work on all mobile devices.

13.          Trademarks and Copyright; Ownership and Use Restrictions. Subject to your compliance with this Agreement, you may download one (1) copy of the App onto a single smart phone or mobile device, and you may use it solely for your personal, non-commercial use, provided that you do not delete, alter, remove, modify or deface any copyright and other proprietary notices contained therein. Subject to your compliance with this Agreement, SamTrans and Via each grants you a limited license to use the App under the terms of this Agreement, provided that you may not use, reproduce, modify, display, publicly perform, distribute, create derivative works of the App, or circumvent any technological measure that effectively controls access to the App in any way, including without limitation by manual or automatic device or process, for any purpose. You agree not to resell the App. Use of the OnDemand System for any purpose other than as expressly authorized in this Agreement is a violation of SamTrans’ and Via’s copyrights and other proprietary rights and is strictly prohibited. 

The information and content provided on or through the OnDemand System, including any data, text, designs, graphics, images, photographs, illustrations, audio and video clips, trademarks, logos, service marks, icons and links are created by and owned exclusively by Via or SamTrans and are intended to educate and inform you about the products and services offered or described in the OnDemand System. Nothing contained on the OnDemand System should be construed as granting, by implication, estoppel or otherwise, any license or right to use any trademark, logo, or service marks without the express written permission of SamTrans, SamTrans’ licensors or suppliers, or the third-party owner of any such trademark, logo, or service mark. The trademarks, logos, and service marks, whether registered or unregistered, may not be used in connection with any product or service that is not offered by SamTrans, in any manner that is likely to cause confusion with customers, or otherwise interfere with the SamTrans’ ownership of the trademarks or the public’s access to and use of the OnDemand System.

The OnDemand System, including all software, databases, proprietary information and any intellectual property and other rights relating thereto and including without limitation the selection, sequence and “look and feel” and arrangement of items, are owned and operated by Via and will remain the property of Via. The OnDemand System is 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 OnDemand System.

All editorial and creative assets on the OnDemand System, including the code used to create web pages, are protected by US and international copyright laws. SamTrans and Via reserve all rights to this content. All copyrights, design rights, trademarks, and other intellectual property rights (registered and unregistered) in and on the OnDemand App Website belong to SamTrans or Via, each of which reserves all rights. Nothing in this Agreement or other provision of the OnDemand System or of Samtrans.com grants to you or any person a right or license to use any trademark, design right or copyright owned or controlled by or licensed to the SamTrans.

14.          Information and Content Provided by SamTrans. Although SamTrans strives to provide information and content that is both useful and accurate, the nature of the data and other information contained on the OnDemand System may be subject to frequent change. In addition, the facts and circumstances of every situation differ. Accordingly, although SamTrans endeavors to use reasonable care in assembling the information, the information may not be up-to-date, accurate or complete.

15.          Linking and Hyperlinking. You are granted a limited, non-exclusive right to create a text hyperlink to the OnDemand System, provided that the linking website does not contain any illegal material, such link is not for an illegal purpose, and nothing about the presentation of the link conveys or otherwise implies any endorsement or sponsorship of you by SamTrans or Via or other affiliation between you and SamTrans or Via. This limited right may be revoked at any time. You may not use a SamTrans or Via logo or other proprietary graphic to link to the OnDemand System without the express written permission of SamTrans or Via. Further, you may not use, frame or utilize framing techniques to enclose any SamTrans or Via trademark, logo or other proprietary information, including the images found on the OnDemand System, the content of any text or the layout/design of any page or form contained on a page on the OnDemand System without SamTrans’ 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 SamTrans or any third party.

16.          Termination and Other Remedies. This Agreement shall remain effective until terminated in accordance with the terms of this Agreement. SamTrans reserves the right to modify or terminate this Agreement, and/or your access to and use of the OnDemand System or any portion thereof, immediately without notice at any time and for any reason, with or without cause. Upon termination of this Agreement, your right to use the OnDemand System shall immediately cease, and you agree that you will destroy all content obtained from the OnDemand System and all copies thereof, whether made under this Agreement or otherwise. You agree that any termination of your access to or use of the OnDemand System may be effected without prior notice and that SamTrans may immediately deactivate or delete your password and user name, and all related information and files associated with your account, and/or bar any further access to such information or files. You agree that SamTrans shall not be liable to you or to any third party for any termination of your access to the OnDemand System 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 this Agreement, including unauthorized use of the OnDemand System, may be investigated, and appropriate legal action may be taken, including without limitation civil, criminal and injunctive action. You agree that monetary damages may not provide a sufficient remedy to SamTrans or Via for violations of this Agreement, and you consent to injunctive or other equitable relief for such violations.

SamTrans is not required to provide any refund to you if it exercises any of its rights or remedies because you have violated this Agreement or any of SamTrans’ rights. Additionally, SamTrans reserves the right, in its sole discretion, to modify, suspend or discontinue any part of the OnDemand System at any time, or to impose limits on certain features and OnDemand System and to restrict access to any part or to all of the OnDemand System, without notice to you. SamTrans shall not be liable to you or to any third party for any claim or cause of action arising out of its exercise of these rights.

All protective provisions of this Agreement shall survive termination, including but not limited to intellectual property protections, warranty disclaimers, indemnity and limitations of liability.

17.          Disclaimer. You acknowledge that you are responsible for obtaining and maintaining all telephone, computer hardware, Internet access, and other equipment needed to access and use the OnDemand System and you are solely responsible for all charges related to those activities. You assume all responsibility and risk for your use of the OnDemand System and your reliance thereon. No opinion, advice or statement of SamTrans, whether made on the OnDemand System or otherwise, shall create any warranty. Your use of the OnDemand System and of any content provided through the OnDemand System are entirely at your own risk. You acknowledge and agree that neither SamTrans nor its licensors or vendors are responsible for any contact or interaction between you and any other user of the OnDemand System and that you bear the sole risk of transmitting through the OnDemand System, any content, including payment information and information that identifies you or your location. The payment of a fare using the OnDemand System does not guarantee that transit service will be provided or available at the time scheduled or that transit service will be timely, available, not delayed, cancelled or changed as to time or location. Your use of the OnDemand System does not create a bailment or other liability for your personal property that you may bring on board a transit vehicle.

The OnDemand System, the information and content on the OnDemand System, and any product or service obtained through the OnDemand System are provided “as is” and “as available,” without representations, promises or warranties of any kind, either express or implied. To the fullest extent permissible pursuant to applicable law, SamTrans, Via and its licensors and clients disclaim all warranties, express or implied, with respect to the OnDemand System and any product or service obtained through the OnDemand System, 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 SamTrans nor its employees, officer, licensors or vendors warrant that your use of the OnDemand System will be uninterrupted, error-free or secure, that defects will be corrected, or that the OnDemand System and the server(s) on which the OnDemand System is hosted are free of viruses or other harmful components. SamTrans does not and cannot guarantee that technical difficulties will not occur during the download of the App or that the App will download successfully, or that the OnDemand System will operate without interruption or error.

18.          Limitation of Liability. SamTrans, Via, the Indemnitees, their affiliates, licensors, clients, suppliers, advertisers or sponsors, or their directors, officers, employees, consultants, agents or other representatives (“App Providers”), are not and will not 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 OnDemand System, to any linked website or to any product or service purchased through the OnDemand System. Without limiting the foregoing, you expressly acknowledge and agree that the App Providers shall have no liability or responsibility whatsoever for (a) personal injury, economic damage, or property damage, of any nature, whether arising in contract or in tort, resulting from your access to and use of the OnDemand System, including any claim, cause of action, obligation, liability, right, or remedy whether or not arising from the negligence of SamTrans or the App Providers, (b) any unauthorized access to or use of our secure servers and/or any and all personal information and/or financial information stored therein, (c) any interruption or cessation of transmission to or from the OnDemand App Website, (d) 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 the OnDemand App Website by any third party, (e) 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 the OnDemand System and any information posted, emailed, transmitted or otherwise made available via the OnDemand System, and/or (f) the failure of a transit system to honor a ticket. YOUR SOLE AND EXCLUSIVE REMEDY FOR DISSATISFACTION WITH THE ONDEMAND SYSTEM IS TO STOP USING THE ONDEMAND SYSTEM. THE MAXIMUM LIABILITY OF SAMTRANS 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 ARISING OUT OF OR RELATING IN ANY WAY TO ACCESS TO, OR USE OF, THE ONDEMAND SYSTEM, OR THE PRODUCT OR SERVICES PURCHASED THROUGH THE ONDEMAND SYSTEM, SHALL BE FIVE HUNDRED DOLLARS ($500.00).

19.          Indemnification. You agree to indemnify, defend and hold harmless SamTrans, Via, and all of their respective officers, directors, employees, volunteers and agents, affiliates, licensors, clients, suppliers, advertisers, sponsors and contractors, the successors and assigns of any of them ("Indemnitees"), from and against any and all claims, damages, losses, costs and other expenses that arise directly or indirectly out of or from (a) your breach of this Agreement and/or (b) your activities in connection with the OnDemand System.

20.          Interstate Nature of Communications. You acknowledge that in using the OnDemand System 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 U.S. 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 OnDemand System results in interstate data transmissions.

21.          Assignment; Change in Control. You cannot assign this Agreement without the prior written approval of SamTrans. Any attempt at improper assignment shall be void. SamTrans may assign this Agreement, in whole or in part, without your consent to (a) a parent or subsidiary, (b) an acquirer of assets, (c) a successor by merger, or (d) a service provider under contract with SamTrans to manage the OnDemand System (or a future or successor OnDemand System).  

22.          Severability. If any part of the Agreement 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 that it is enforceable, and the remaining terms shall survive and remain in full force and effect and continue to be binding and enforceable.

23.          Waiver. No waiver of any term, provision or condition of the Agreement, 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.

24.          Force Majeure. If the performance of the OnDemand System or any part of the Agreement by either party is prevented, hindered, delayed or otherwise made impracticable by reason of any flood, riot, fire, judicial or governmental action, labor dispute, act of God or any other causes beyond the control of either party, that party shall be excused from such for a reasonable time that it is prevented, hindered or delayed by such causes.

25.          Notice. SamTrans and Via may give notice by means of a general notice on the OnDemand System, 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 upon the expiration of 48 hours after mailing or posting (if sent by first class mail or pre-paid post) or 12 hours after sending (if sent by email). You may give notice to SamTrans, with such notice deemed given when received by SamTrans, at any time by first class mail or pre-paid post to Attention: SamTrans District Secretary, San Mateo County Transit District, 1250 San Carlos Ave, San Carlos, CA 94070.

26.          Choice of Law and Venue. This Agreement is made and will be performed entirely in San Mateo County, California. Any and all claims, causes of action or disputes (regardless of theory) between you and SamTrans arising out of or related to this Agreement, the OnDemand System, or content accessed through the OnDemand System, and transactions made through use of the OnDemand System, including but not limited to disputes concerning the transfer of funds related to fare payment, shall be governed by the laws of the State of California without regard to conflict or choice of law principles, and that venue for any such action shall be in San Mateo County.

A.           Legal Disputes. You acknowledge that any dispute must be brought (filed and heard in) the San Mateo County Small Claims Court. Any dispute that seeks injunctive relief must be submitted to binding arbitration in accordance with the following provisions: Arbitration Rules. The arbitration will be conducted in San Mateo County, California. The arbitration shall be administered by one arbitrator from the American Arbitration Association (AAA). Unless the parties or the AAA determines otherwise, the Expedited Procedures shall apply in any case in which no disclosed claim or counterclaim exceeds $75,000, exclusive of interest, attorneys’ fees, and arbitration fees and costs. The arbitrator will be either a retired judge or an attorney licensed to practice law in the state of California and will be selected by the parties from the AAA's roster of consumer dispute arbitrators. If the parties are unable to agree upon an arbitrator within seven (7) days of delivery of the Demand for Arbitration, then the AAA will appoint the arbitrator in accordance with the AAA Rules.

B.           Arbitrator’s Decision. The arbitrator will render a decision and award within the time frame specified in the AAA Rules. The arbitrator's decision will be a reasoned decision, which gives the basic reasons for the decision and not all the detailed factual findings. Judgment on the arbitration award may be entered in any court having jurisdiction thereof. The parties shall equally share the fees charged by the arbitrator, and each side shall bear their own respective costs. In any arbitration arising out of or related to this Agreement, the arbitrator is not empowered to award punitive or exemplary damages and the parties waive any right to recover any such damages.

C.           Fees and Costs. Each party will be responsible for paying half of any AAA filing, administrative and arbitrator fees. Each party will pay its own costs and attorney’s fees, regardless of who wins or loses an arbitration.

D.           Class Action Waiver. In addition, you acknowledge and agree that you are waiving the right to a trial by jury and are waiving the right to participate as a class representative plaintiff and/or class member in any purported class action or representative proceeding. Further, an arbitrator may not consolidate more than one person's claims, and may not otherwise preside over any form of any class or representative proceeding. If this specific paragraph is held unenforceable, then the entirety of this "Legal Disputes" section will be deemed void. Except as provided in the preceding sentence, this "Legal Disputes" section will survive any termination of this Agreement.

27.          Integrated Agreement. This Agreement, the SamTrans’ Privacy Policy (www.samtrans.com/about/PrivacyPolicy), Via's Privacy Policy, and other policy statements made on the SamTrans’ OnDemand App Website constitute the entire agreement between you, the SamTrans, and Via, and supersede any prior written or oral agreement with regard to the OnDemand System.