These terms and conditions (“Service Terms”) govern your (“you” or “your”) access to, and use of, the website at viainfo.net, the smart card services, mobile ticketing services, and other VIA online properties (“Services”) provided by VIA Metropolitan Transportation (“VIA”), including, without limitation, any software applications loaded onto mobile devices. These Service Terms do not alter in any way the terms of any written agreement signed by you and VIA, if any. If you are using the Services on behalf of an entity, you represent and warrant that you are authorized to accept these Service Terms on such entity’s behalf and the term “you” shall refer to you personally and such entity.
VIA reserves the right to change or modify these Service Terms at any time and in its sole discretion.
If you have any questions regarding the use of the Services, please refer first to the support section of the Site. All other questions or comments about the Services or its contents should be directed to VIA Customer Service at 210-362-2020.
You agree to comply with, and to ensure compliance with, all laws, ordinances and regulations applicable to your activities in using the Services.
You certify that you are at least 13 years of age.
1. Registration and Responsibilities.
2. Methods of Payment.
VIA accepts the following methods of payment for ticket purchases: MasterCard, and Visa. All ticket prices are stated in U.S. Dollars.
3. Pricing, Availability; Purchase Confirmation; Refunds.
If you do not receive (i) a message containing your ticket from the mobile application, or (ii) a confirmation of your ticket order (in the form of a confirmation page or purchase receipt) after submitting payment information, or if you experience an error message or service interruption after submitting payment information, it is your responsibility as the customer to confirm with VIA Customer Service at 210-362-2020 whether or not your order has been placed. Only you may be aware of any problems that may occur during the purchase process. VIA WILL NOT BE RESPONSIBLE FOR LOSSES (MONETARY OR OTHERWISE) IF YOU FAIL TO RECEIVE THE TICKETS AND/OR AN ORDER CONFIRMATION AND SUCH FAILURE IS NOT CAUSED BY THE SERVICES.
4. Violations of the Law; No Redemption Value.
Use of the VIA Metropolitan Transit system is subject to VIA’s rules and regulations and applicable law. VIA reserves the right, without refund of any amount paid, to prosecute and to impose any penalties allowed by VIA’s rules, regulations and the law, including but not limited to exclusion and citation, upon any person whose conduct violates same while on the VIA Metropolitan Transit system. You agree to fully cooperate with VIA personnel and peace officers upon demand to exhibit proof of fare payment for your mobile ticket in accordance with VIA’s rules and regulations and Chapter 451 of the Texas Transportation Code. You are solely responsible at all times for the proper functioning of your mobile phone and smart card. It is your responsibility to ensure that the mobile phone is sufficiently charged to clearly and legibly display the mobile ticket and to otherwise exhibit proof of fare payment as many times as required for the duration of your use of the VIA Metropolitan Transit system. You understand that you will be subject to penalties, including but not limited to citation and exclusion, for failure to exhibit proof of fare payment.
Any type of ticket is not redeemable for cash.
5. Code of Conduct.
In connection with your use of the Services, you agree that you will not:
- Restrict or inhibit any other visitor or user from using the Services, including, without limitation, by means of “hacking” or defacing any portion of the Services;
- Use the Services or the Materials (as defined below) for any unlawful purpose;
- Transmit any software or other materials that contain any viruses, worms, Trojan horses, defects, date bombs, time bombs or other items of a destructive nature;
- Modify, adapt, sub-license, translate, sell, reverse engineer, decompile or disassemble any portion of the Services or otherwise attempt to derive any source code or underlying ideas or algorithms of any part of the Services;
- Remove any copyright, trademark or other proprietary rights notices contained on the Services;
“Frame” or “mirror” any part of the Services;
- Use any robot, spider, offline reader, site 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 Services or its contents without our prior written consent; or
- Take any action that imposes or may impose (in VIA’s sole discretion) an unreasonable or disproportionately large load on our (or our third party providers’) infrastructure.
6. Ownership, Copyrights and Restrictions on Use.
The information and materials provided on or through the Services, including any data, text, designs, graphics, images, photographs, illustrations, audio and video clips, logos, icons and links (collectively, the “Materials”) are owned exclusively by VIA or its licensors, and are intended to educate and inform you about the products and services offered or described on the Services. Subject to your compliance with these Service Terms, you may download one (1) copy of any Materials displayed on the Services, and you may use such downloaded Materials solely for your personal, non-commercial use (you may not resell the Services). VIA cannot guarantee that technical difficulties will not occur during the download of the Materials or that the Materials will download successfully. Subject to your compliance with these Service Terms, we grant you a limited license to use the Services and Materials; provided that you may not use, reproduce, modify, display, publicly perform, distribute, create derivative works of or circumvent any technological measure that effectively controls access to the Services and/or Materials in any way including, without limitation, by manual or automatic device or process, for any purpose. Use of the Services and Materials for any purpose other than as expressly authorized in these Service Terms is a violation of applicable copyrights and other proprietary rights, and is strictly prohibited.
The Services, including all software, databases, proprietary information and Materials (and any intellectual property and other rights relating thereto) including, without limitation, the selection, sequence and “look and feel” and arrangement of items, is owned and operated by VIA and its licensors and will remain the property of VIA and its licensors. The Services are 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 Services or the Materials.
The trademarks, logos, and service marks displayed on the Services (collectively the “Trademarks”) are the registered and unregistered trademarks of VIA, our licensors and suppliers, and others. The Trademarks, whether registered or unregistered, may not be used in connection with any product or service that is not offered by VIA, in any manner that is likely to cause confusion with customers, or in any manner that disparages VIA. Nothing contained on the Services should be construed as granting, by implication, estoppel or otherwise, any license or right to use any Trademark without the express written permission of VIA, VIA’s licensors or suppliers, or the third party owner of any such Trademark. Misuse of any Trademarks is prohibited, and VIA will aggressively enforce its intellectual property rights in such Trademarks, including via civil and criminal proceedings.
7. Making Purchases.
8. Information Provided by VIA and Consent to Geolocation Services.
9. Consent to Receive Emails and Notice.
AS LONG AS YOU MAINTAIN AN ACCOUNT, YOU MAY NOT “OPT OUT” OF RECEIVING ACCOUNT-RELATED EMAILS FROM VIA. The parties hereto may give legal notice by means of electronic mail, which electronic mail shall be considered delivered when sent. The notice address of VIA shall be 1021 San Pedro Avenue, San Antonio, TX 78212 (or such other address as is provided by VIA to you) via email at your Notice address and your address for the receipt of notices pursuant to this Agreement shall be the current email address listed by you in your account profile. YOU ALSO AGREE, UNLESS YOU OPT OUT, TO RECEIVE MARKETING EMAILS RELATED TO THE SERVICES.
10. Linking and Hyperlinking.
You are granted a limited, non-exclusive right to create a text hyperlink to the Services, provided such link does not portray VIA, any of its products and services, in a false, misleading, or otherwise defamatory manner and provided further that the linking site does not contain any illegal material. This limited right may be revoked at any time. You may not use a VIA logo or other proprietary graphic to link to the Services without the express written permission of VIA. Further, you may not use, frame or utilize framing techniques to enclose any VIA trademark, logo or other proprietary information, including the images found on the Services, the content of any text or the layout/design of any page or form contained on a page on the Services without VIA’s 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 VIA or any third party.
11. Links and Third Party Content.
VIA may provide links to Web pages and content of third parties as a service to those interested in such links and content, and VIA may post third party content or allow users to post their content. VIA does not have resources to constantly monitor or have ultimate control over any third party content or third party websites. VIA DOES NOT ENDORSE OR ADOPT ANY THIRD PARTY CONTENT OR THIRD PARTY WEBSITES AND CAN MAKE NO GUARANTEE AS TO ITS ACCURACY OR COMPLETENESS. VIA does not represent or warrant the accuracy of any information contained therein and undertakes no responsibility to update or review any third party content or third party websites. USERS USE THESE LINKS, THIRD PARTY CONTENT AND THIRD PARTY WEBSITES AT THEIR OWN RISK. When you leave the Services, you should be aware that our terms and policies no longer govern. You should review the applicable terms and policies, including privacy and data gathering practices, of any service to which you navigate from the Services.
12. Third Party Offerings.
The Services may also provide information regarding or link to certain applications and goods and/or services provided or offered by third parties (collectively the “Third-Party Offerings”). VIA IS MERELY AN INFORMATION PROVIDER AND IS NOT A REFERRAL SERVICE, AND IT DOES NOT RECOMMEND OR ENDORSE ANY SUCH THIRD-PARTY OFFERINGS OR MONITOR OR HAVE ANY CONTROL OVER SUCH THIRD PARTY OFFERINGS. Therefore, VIA makes no guarantee, representation or warranty of any kinds as to the quality, competency, value, reliability, responsiveness, accuracy or completeness of any such Third-Party Offerings or the results obtained therefrom, and VIA 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. You assume full responsibility for your use of any such Third-Party Offerings, and VIA is not responsible or liable for any Third-Party Offerings. In the event of a dispute between any consumer and vendor, the parties will work out the dispute themselves.
SUPPLEMENTAL “RIDE-TAP” TERMS
12.1 Definition and Background.
If you access the functionality known as “Ride-Tap,” which allows you to connect directly with third-party transportation vendors, such as bike-share, car-share and ride-for-hire services, these Ride-Tap Terms apply. We refer to the providers of these transportation services as “Mobility Service Providers,” or “MSPs.”
These additional Ride-Tap terms (the “Ride-Tap Terms”) apply to your use of the Ride-Tap service and are incorporated into the Service Terms. In the event of a conflict between the Service Terms and these Ride-Tap Terms, these Ride-Tap Terms shall govern, as to your use of Ride-Tap and as to the relationships among you, us, and the MSPs with which you may be connected.
By clicking “accept” or using the Ride-Tap feature you agree to these Ride-Tap terms. We reserve the right to change these terms at any time by publishing modifications or further supplements in connection with your use of VIA Services.
12.2 Relationship Between Us and the MSPs.
Ride-Tap provides information regarding transportation services provided or offered by third party MSPs. MSPs may include ride sharing services like Lyft or Uber, other transit agencies, bike sharing applications, or others. Our relationship to MSPs is merely to offer information about them and their offerings as a convenience to you, through the Ride-Tap functionality. WE DO NOT RECOMMEND OR ENDORSE ANY MSP, OR MONITOR OR HAVE ANY CONTROL OVER THEIR SERVICE OFFERINGS (WHETHER THE TRANSPORTATION SERVICES THEMSELVES, OR THE RELATED TECHNOLOGY OFFERINGS, TOGETHER, THE “MSP SERVICES”), INCLUDING THE ADEQUACY, SAFETY, TIMELINESS OR SECURITY THEREOF. Therefore, we make no guarantee, representation or warranty of any kind as to the quality, competency, value, reliability, responsiveness, accuracy or completeness of any MSP or the results obtained therefrom, and we assume no responsibility or liability for any MSP Service, or for the actions or failure to act of those providing MSP Services. You assume full responsibility for your use of any MSP Services, and we are not responsible or liable therefor.
12.3 MSP Terms and Conditions.
Because MSPs are third parties and offer the MSP Services to you directly after Ride-Tap has connected you to an MSP, you may be required to download the MSP’s mobile application and to create a user account with the applicable MSP. To do so, you will be required to accept the terms, conditions and policies required by the applicable MSP (“MSP Terms”) and your relationship with the MSP shall be governed by those MSP Terms. When you use the MSP Services, you should be aware that VIA terms and policies no longer govern such use of MSP Services; rather, the MSP Terms control. You should review the applicable MSP Terms, including privacy and data gathering practices, of any MSP Service to which you navigate from VIA Services before downloading any MSP application, creating a user account with an MSP, or otherwise using an MSP Service. We are not responsible for the privacy practices of MSPs.
12.4 Information We Collect to Enable Ride-Tap.
12.5 Information We Share With MSPs.
In order to make the RideTap relationship with the MSPs possible and track our connections, we need to transfer a transaction identification number that emanates from your activity and interaction with our Service (the “Transaction ID”). The Transaction ID does not contain any personal information. However, as stated above, we would expect that when you interact with an MSP Service, you would provide personal information directly to the MSP, to be governed by the MSP Terms between you and the MSP.
12.6 Termination of Ride-Tap Functionality.
THE RIDE-TAP FUNCTIONALITY IS PROVIDED TO YOU AT OUR DISCRETION AND MAY BE TERMINATED AT ANY TIME.
13. Advertisements and Promotions.
VIA may run advertisements and promotions from third parties on the Services. YOUR BUSINESS DEALINGS OR CORRESPONDENCE WITH, OR PARTICIPATION IN PROMOTIONS OF, ADVERTISERS OTHER THAN VIA, AND ANY TERMS, CONDITIONS, WARRANTIES OR REPRESENTATIONS ASSOCIATED WITH SUCH DEALINGS, ARE SOLELY BETWEEN YOU AND SUCH THIRD PARTY. VIA is not responsible or liable for any loss or damage of any sort incurred as the result of any such dealings or as the result of the presence of such third party advertisers on the Services.
14. Termination of Service.
The Service Terms shall remain effective until terminated in accordance with its terms. We reserve the right to immediately terminate these Service Terms, 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. Upon termination of these Service Terms, your right to use the Services shall immediately cease, and you agree to and shall destroy all Materials obtained from the Services and all copies thereof, whether made under these Service Terms or otherwise. You agree that any termination of your access to or use of the Services may be effected without prior notice, and that VIA 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 agree and understand that VIA shall not be liable to you or any third party for any termination of your access to the Services 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 these Service Terms, including unauthorized use of the Services, may be investigated and appropriate legal action may be taken, including without limitation civil, criminal and injunctive redress. You agree that monetary damages may not provide a sufficient remedy to VIA for violations of these Service Terms and you consent to injunctive or other equitable relief for such violations.
VIA is not required to provide any refund to you if it exercises any of its rights or remedies because you have violated these Service Terms or any of VIA’s rights. Additionally, we reserve the right, in our sole discretion, to modify, suspend or discontinue any part of this the Services at any time, with or without notice to you. We also reserve the right, in our sole discretion, to impose limits on certain features and services and to restrict access to any part or to all of the Services without notice to you. We shall not be liable to you or any third party for any claim or cause of action arising out of our exercise of the foregoing rights.
15. WARRANTY DISCLAIMER.
THE SERVICES, THE MATERIALS ON THE SERVICES, AND ANY PRODUCT OR SERVICE OBTAINED THROUGH THE SERVICES ARE PROVIDED “AS IS” AND WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. TO THE FULLEST EXTENT PERMISSIBLE PURSUANT TO APPLICABLE LAW, VIA AND ITS LICENSORS AND CLIENTS DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, WITH RESPECT TO THE SERVICES, THE MATERIALS, AND ANY PRODUCT OR SERVICE OBTAINED THROUGH THE SERVICES, 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 VIA NOR ITS LICENSORS OR CLIENTS WARRANT THAT YOUR USE OF THE SERVICES WILL BE UNINTERRUPTED, ERROR-FREE OR SECURE, THAT DEFECTS WILL BE CORRECTED, OR THAT THE SERVICES, THE SERVER(S) ON WHICH THE SERVICES ARE HOSTED IS FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. YOU ACKNOWLEDGE THAT YOU ARE RESPONSIBLE FOR OBTAINING AND MAINTAINING ALL TELEPHONE, COMPUTER HARDWARE AND OTHER EQUIPMENT NEEDED TO ACCESS AND USE THE SERVICES, AND ALL CHARGES RELATED THERETO. YOU ASSUME ALL RESPONSIBILITY AND RISK FOR YOUR USE OF THE SERVICES AND YOUR RELIANCE THEREON. NO OPINION, ADVICE OR STATEMENT OF VIA, WHETHER MADE ON THE SERVICES OR OTHERWISE, SHALL CREATE ANY WARRANTY. VIA DOES NOT WARRANT, ENDORSE, GUARANTEE, OR ASSUME RESPONSIBILITY FOR ANY PRODUCT OR SERVICE ADVERTISED OR OFFERED BY A THIRD PARTY THROUGH THE SERVICES OR ANY HYPERLINKED SITE, OR FEATURED IN ANY BANNER OR OTHER ADVERTISING, AND VIA WILL NOT BE A PARTY TO OR IN ANY WAY MONITOR ANY TRANSACTION BETWEEN YOU AND THIRD-PARTY PROVIDERS OF PRODUCTS OR SERVICES. AS WITH THE PURCHASE OF A PRODUCT OR SERVICE THROUGH ANY MEDIUM OR IN ANY ENVIRONMENT, YOU SHOULD USE YOUR BEST JUDGMENT AND EXERCISE CAUTION WHERE APPROPRIATE. YOUR USE OF THE SERVICES AND ANY MATERIALS PROVIDED THROUGH THE SERVICES ARE ENTIRELY AT YOUR OWN RISK. YOU ACKNOWLEDGE AND AGREE THAT NEITHER VIA NOR ITS LICENSORS OR CLIENTS IS RESPONSIBLE FOR ANY CONTACT OR INTERACTION BETWEEN YOU AND ANY OTHER USER OF THE SERVICES AND THAT YOU BEAR THE SOLE RISK OF TRANSMITTING THROUGH THE SERVICES ANY CONTENT, INCLUDING INFORMATION WHICH IDENTIFIES YOU OR YOUR LOCATION.
16. Limitation of Liability.
- NEITHER VIA NOR ANY OF OUR AFFILIATES, LICENSORS, CLIENTS, SUPPLIERS, ADVERTISERS OR SPONSORS, NOR OUR OR THEIR DIRECTORS, OFFICERS, EMPLOYEES, CONSULTANTS, AGENTS OR OTHER REPRESENTATIVES (“VIA RELEASEES”), ARE OR WILL 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 SERVICES, ANY LINKED SITE OR ANY PRODUCT OR SERVICE PURCHASED THROUGH THE SERVICES. WITHOUT LIMITING THE FOREGOING, YOU EXPRESSLY ACKNOWLEDGE AND AGREE THAT VIA METROPOLITAN TRANSIT RELEASEES SHALL HAVE NO LIABILITY OR RESPONSIBILITY WHATSOEVER FOR (I) PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER, WHETHER ARISING IN CONTRACT OR IN TORT, RESULTING FROM YOUR ACCESS TO AND USE OF OUR SITE, INCLUDING ANY CLAIM, CAUSE OF ACTION, OBLIGATION, LIABILITY, RIGHT, OR REMEDY WHETHER OR NOT ARISING FROM THE NEGLIGENCE OF VIA OR ITS RELEASEES, (II) ANY UNAUTHORIZED ACCESS TO OR USE OF OUR SECURE SERVERS AND/OR ANY AND ALL PERSONAL INFORMATION AND/OR FINANCIAL INFORMATION STORED THEREIN, (III) ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM OUR SITE, (IV) 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 OUR SITE BY ANY THIRD PARTY, (V) 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, AND/OR (VI) THE FAILURE OF A TRANSIT SYSTEM TO HONOR A TICKET. YOUR SOLE AND EXCLUSIVE REMEDY FOR DISSATISFACTION WITH THE SERVICES OR MATERIALS OR ANY LINKED SITE IS TO STOP USING THE SERVICES, MATERIALS, OR LINKED SITE, AS APPLICABLE.
- The foregoing notwithstanding, You and VIA acknowledge that VIA is a political subdivision of the State of Texas and that VIA is subject to and shall comply with the applicable provisions of the Texas Tort Claims Act, as set out in Civil Practice and Remedies Code, Section 101.001et seq. and the remedies authorized therein regarding claims or causes of action that may be asserted by third parties for accident, injury or death. This contract will be interpreted according to the Constitution and laws of the State of Texas. Venue of any court action brought directly or indirectly by reason of this Agreement shall be in Bexar County, Texas. This Agreement is made and is to be performed in Bexar County, Texas, and is governed by the laws of the State of Texas.
YOU covenant and agree to FULLY INDEMNIFY and HOLD HARMLESS, VIA and the Board of Trustees, employees, officers and representatives of VIA, individually or collectively, from and against any and all costs, claims, liens, damages, losses, expenses, fees, fines, penalties, proceedings, actions, demands, causes of action, liability and suits of any kind and nature, including but not limited to, personal bodily injury, death and property damage, made upon VIA, directly or indirectly arising out of, resulting from or related to YOUR activities hereunder, including any acts or omissions of YOU, any of YOUR agents, officers, directors, representatives, employees, consultants or subcontractors, and their respective officers, agents, employees, directors and representatives while in the exercise or performance of the rights or duties hereunder, all without, however, waiving any governmental immunity available to VIA under law and without waiving any defenses of the PARTIES under Texas law. IT IS FURTHER COVENANTED AND AGREED THAT SUCH INDEMNITY SHALL APPLY EVEN WHERE SUCH COSTS, CLAIMS, LIENS, DAMAGES, LOSSES, EXPENSES, FEES, FINES, PENALTIES, ACTIONS, DEMANDS, CAUSES OF ACTION, LIABILITY, AND/OR SUITS ARISE IN ANY PART FROM THE NEGLIGENCE OF VIA, THE BOARD OF TRUSTEES, EMPLOYEES, OFFICERS, AND/OR REPRESENTATIVES OF VIA, HEREUNDER. The provisions of this INDEMNITY are solely for the benefit of the PARTIES hereto and are not intended to create or grant any rights, contractual or otherwise, to any other person or entity. YOU shall promptly advise VIA in writing of any claim or demand against VIA or YOU that is known to YOU, related to or arising out of YOUR activities hereunder and shall see to the investigation and defense of such claim or demand at YOUR cost. VIA shall have the right, at its option and at its own expense, to participate in such defense without relieving YOU of any of YOUR obligations under this paragraph.
IT IS THE EXPRESS INTENT OF THE PARTIES TO THIS AGREEMENT, THAT THE INDEMNITY PROVIDED FOR IN THIS ARTICLE, IS AN INDEMNITY EXTENDED BY YOU TO INDEMNIFY, PROTECT AND HOLD HARMLESS VIA FROM THE CONSEQUENCES OF VIA’S OWN NEGLIGENCE, PROVIDED HOWEVER, THAT THE INDEMNITY PROVIDED FOR IN THIS ARTICLE SHALL APPLY ONLY WHEN THE NEGLIGENT ACT OF VIA IS A CONTRIBUTORY CAUSE OF THE RESULTANT INJURY, DEATH, OR DAMAGE, AND SHALL HAVE NO APPLICATION WHEN THE NEGLIGENT ACT OF VIA IS THE SOLE ACTIVE CAUSE OF THE RESULTANT INJURY, DEATH, OR DAMAGE. YOU FURTHER AGREES TO DEFEND, AT ITS OWN EXPENSE, AND ON BEHALF OF VIA AND IN THE NAME OF VIA, ANY CLAIM OR LITIGATION BROUGHT AGAINST VIA METROPOLITAN TRANSIT AND ITS BOARD OF TRUSTEES, EMPLOYEES, AGENTS, OFFICERS, AND REPRESENTATIVES, IN CONNECTION WITH ANY SUCH INJURY, DEATH, OR DAMAGE FOR WHICH THIS INDEMNITY SHALL APPLY, AS SET FORTH ABOVE.
19. Interstate Nature of Communications.
You acknowledge that in using VIA Services 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 US 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 Services results in interstate data transmissions.
20. Assignment; Change in Control.
This Agreement may not be assigned by you without the prior written approval of VIA but may be assigned without your consent by VIA to (i) a parent or subsidiary, (ii) an acquirer of assets, or (iii) a successor by merger. Any attempt at improper assignment shall be void.
If any of the Service Terms or the Terms of Service 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 it is enforceable and the remaining terms shall survive and remain in full force and effect and continue to be binding and enforceable.
No waiver of any term, provision or condition of this 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.
23. Force Majeure.
If the performance of the Services or any part of this Agreement by either party is prevented, hindered, delayed or otherwise made impracticable by reason of any flood, riot, fire, judicial or governmental action, labor disputes, act of God or any other causes beyond the control of either party, that party shall be excused from such to the extent that it is prevented, hindered or delayed by such causes.
These Service Terms constitute the entire agreement between you and VIA and supersede any prior written or oral agreement with regard to the Services. Any and all claims, causes of action or disputes (regardless of theory) between you and VIA arising out of or related to the Service Terms, the Services or content accessed through the Services shall be governed by the laws of the State of Texas without regard to conflict or choice of law principles. You and VIA agree that any such claims, causes of action or disputes shall be brought exclusively in courts located within Bexar County, Texas, including any applicable Federal Court, and you and VIA agree to submit to the personal and exclusive jurisdiction of such courts.
If you have any questions, comments or complaints regarding these Service Terms or the Services, feel free to contact VIA Customer Service: 210-362-2020.