End-User License Agreement
This End-User License Agreement ("Agreement") governs the terms and conditions for use by you or any end user ("You") of this mobile application ("App") provided by Broward County. By downloading or using the App, you are agreeing to be bound by the terms and conditions of this Agreement. Broward County may modify this Agreement at any time; your continued use of the App shall constitute your agreement to the modified terms of this Agreement.
- Right to Use. Broward County grants you a revocable, nonexclusive, nontransferable, limited license to download, install, and use the App solely for your personal, noncommercial purposes and to be used solely in accordance with the terms of this Agreement. All rights, title, and intellectual property interests in the App remain exclusively with Broward County.
- Permissible Uses; Intellectual Property. You agree not to use the App for any purpose that is unlawful or prohibited by this Agreement. Prohibited uses include, without limitation, the abuse or harassment of any person, transmitting defamatory, offensive, or other inappropriate materials, creating or transmitting spam, or the infringement or violation of the intellectual property rights of any entity. You agree that Broward County owns all right, title, and interest in and to this App. You agree not to, and you will not permit others to, license, sell, rent, lease, assign, distribute, transmit, host, outsource, disclose, or otherwise commercially exploit the App. You agree not to modify, reverse-engineer, decompile, attempt to derive the source code of, create derivative works, decrypt, or otherwise modify the App. You may only use the App on a mobile product you own or control. You must comply with applicable third-party terms of agreement when using the App, including your wireless data service agreement.
- Rights in data, images, and recordings. By transmitting any information, images, or recordings (audio or visual) through the App, you grant to Broward County and its agents and contractors an irrevocable, nonexclusive, worldwide, unlimited right to use, store, copy, reproduce, create derivative works, publicly display the work, perform the work, and sublicense all or any portion of these rights, in any manner and to the extent Broward County elects in its sole discretion. You warrant and represent that you have sufficient right and title in the material submitted to grant these rights to Broward County, and you agree to indemnify Broward County for any damage resulting from a breach of any representation or warranty of this paragraph. The rights granted pursuant to this paragraph shall survive the termination of this Agreement.
- Account Information and Prequalification. To purchase a mobile ticket, You must have an account. You can create an account or log-in through the App. You must provide all information requested when creating an account. Certain discounted mobile tickets may require prequalification. If You believe You qualify for a discounted fare, You must visit the Broward County Central Bus Terminal to obtain prequalification to purchase discounted mobile tickets through Your account in the App.
- Refunds; Compensation. All purchases made through the App are final; there will be no exchanges or refunds except for as indicated below. No compensation will be given for delays, including extreme weather, pedestrian incidents, road or highway conditions, track obstructions, and general or on-board emergencies. Broward County reserves the right, on a case-by-case basis, to offer refunds or compensation if Broward County determines, in its sole discretion, that a refund or compensation is appropriate.
- Information collected; Public records. By using the App, You agree to allow Broward County to collect, store, and utilize your account information, personal information, payment information, information regarding your device, and data regarding your use of the App. This information may include time, location, GIS information, website details, App usage details, cookies, or other metadata. Broward County will utilize this information solely for governmental purposes, and will not sell your data to any third party but may share the information with third parties. Broward County is subject to the public records laws of the State of Florida, and any information that you transmit using the App may be a public record and subject to disclosure in accordance with Chapter 119 of the Florida Statutes.
- Functionality; Indemnification; Limitation of Liability. The App is provided to you on an "as is" basis. As such, to the fullest extent permitted by law, Broward County makes no warranties whatsoever, whether expressed or implied, including any warranties regarding merchantability or fitness for a particular purpose. Broward County does not warrant that the App or your use of the App will be uninterrupted or error-free, or that any data or materials transmitted using the App will be secure or protected. Broward County is not responsible for any damage to your device or loss of data, including without limitation related to any data breach, security breach, or operating system vulnerability. Broward County and its contractors and agents shall not be liable to You for any harm resulting from Your use or inability to use this App, or from interruption, suspension, or termination of this App. Such limitation of liability includes direct, indirect, incidental, consequential, special, exemplary, and punitive damages, regardless of the basis of a claim. You agree to hold Broward County, its agents, and contractors harmless in the event of any loss, injury, or damages that occur to you or otherwise arise in connection with your use of the App. Broward County may periodically update or modify the App, including to improve performance and functionality, but Broward County does not guarantee or provide any support and maintenance of the App or your use of the App. Broward County reserves the right to modify, suspend, or discontinue, temporarily or permanently, the App or any service to which it connects, with or without notice and without liability to you.
- Hyperlinking. This App may provide a link to other sites by allowing You to leave the App to access third-party material or other applications on your device (a "Linked Site"). Broward County does not control Linked Sites. Broward County has no discretion to alter, update, or control the content on a Linked Site. Nothing in this Agreement shall be construed as Broward County endorsing, authorizing, sponsoring, or being affiliated with the Linked Site and its offerings.
- Termination. Broward County may terminate this Agreement at any and for any reason whatsoever, by discontinuing the App, with or without prior notice to you. You may terminate this Agreement by deleting the App from your devices. Upon termination of this Agreement, you shall cease all use of the App and delete all copies of the App from your devices.
- Applicable law; venue; jurisdiction. If any provision of this Agreement is held to be unenforceable or invalid, such provision will be changed and interpreted to accomplish the objectives of such provision to the greatest extent possible under applicable law, and the remaining provisions will continue in full force and effect. This Agreement shall be governed by the laws of the State of Florida, and any action arising out of or in connection with this Agreement or the App shall be subject to the exclusive jurisdiction of the state courts of the Seventeenth Judicial Circuit Court in and for Broward County, Florida. You agree to submit yourself to the personal jurisdiction of the state courts of the Seventeenth Judicial Circuit Court in and for Broward County, Florida, in connection with any such legal action.
Last updated: January 22, 2019