Terms of Service

1. Introduction

Welcome to the Advance Transit (AT) website. By accessing and using advancetransit.com (the "Website"), you agree to comply with and be bound by these Terms and Conditions ("Terms"). If you do not agree to these Terms, please do not use our Website.

2. Changes to Terms

AT reserves the right to modify these Terms at any time. Changes will be effective immediately upon posting to this page. Your continued use of the Website signifies your acceptance of any revised Terms.

3. Intellectual Property Rights

All content, including text, images, logos, graphics, and software on this Website, is owned by or licensed to AT and is protected by intellectual property laws. Unauthorized reproduction, modification, or distribution is strictly prohibited.

4. Use of Website

By using this Website, you agree:

  • Not to engage in unauthorized access, hacking, or scraping of data.
  • Not to post or distribute harmful, misleading, or unlawful content.
  • Not to use the Website for fraudulent or commercial purposes without authorization.

5. Third-Party Links

Our Website may contain links to third-party websites. AT is not responsible for the content, privacy policies, or practices of any third-party websites. Accessing third-party links is at your own risk.

6. Disclaimer of Warranties

The Website and its content are provided "as is" without any warranties, express or implied. AT does not guarantee the accuracy, completeness, or reliability of any information on the Website.

7. Limitation of Liability

AT is not liable for any direct, indirect, incidental, consequential, or punitive damages resulting from the use or inability to use this Website, even if we have been advised of the possibility of such damages.

8. Privacy Policy

By using this Website, you also agree to our Privacy Policy, which explains how we collect, use, and protect your personal data.

9. Governing Law

These Terms are governed by and construed in accordance with the laws of the State of Vermont. Any disputes arising from the use of this Website shall be resolved in courts located in Vermont.

10. Contact Information

If you have any questions about these Terms, please contact us at:

Advance Transit

Van Chesnut Transit Operations Center
120 Billings Farm Road
White River Junction, VT 05001
rideAT@advancetransit.com
(802) 295-1824

Access-AT Shuttle Service Mobile App Terms of Service 

1.      Online Execution of Agreement.

THESE TERMS OF SERVICE (“AGREEMENT”) CONTAIN THE TERMS AND CONDITIONS THAT APPLY TO YOUR USE OF THE SERVICE (AS DEFINED BELOW). READ THIS ENTIRE AGREEMENT CAREFULLY BEFORE ACCESSING THE SERVICE.

“YOU” MEANS THE PERSON EXECUTING THIS AGREEMENT. YOU ARE EXECUTING THIS AGREEMENT IN YOUR INDIVIDUAL CAPACITY FOR PERSONAL, NONCOMMERCIAL USE ONLY. IF YOU ARE ENTERING INTO THIS AGREEMENT ON BEHALF A RIDER (AS DEFINED BELOW), “YOU” MEANS BOTH THE INDIVIDUAL ENTERING INTO THIS AGREEMENT AND THE RIDER. BOTH YOU AND THE RIDER WILL BE BOUND BY AND WILL ABIDE BY ALL THE PROVISIONS OF THIS AGREEMENT. YOU MUST PROVIDE ADVANCE TRANSIT WITH SUFFICIENT PROOF THAT YOU ARE DULY AUTHORIZED TO ENTER IN THIS AGREEMENT ON BEHALF OF THE RIDER.

THIS AGREEMENT IS A LEGALLY BINDING CONTRACT BETWEEN YOU AND ADVANCE TRANSIT, INC. (“ADVANCE TRANSIT”). BY REGISTERING FOR AN ACCESS-AT ACCOUNT YOU ACKNOWLEDGE THAT YOU HAVE READ THIS AGREEMENT, UNDERSTAND IT, AND AGREE THAT YOU WILL BE BOUND BY ITS TERMS. IF YOU DO NOT AGREE WITH ALL THE TERMS AND CONDITIONS SET FORTH IN THIS AGREEMENT, PROMPTLY EXIT THIS PAGE. THE SERVICE CANNOT BE ACCESSED UNLESS AND UNTIL YOU CLICK THE “I ACCEPT” BUTTON AT THE END OF THIS AGREEMENT INDICATING YOUR ACCEPTANCE. THIS AGREEMENT BECOMES EFFECTIVE UPON THE DATE YOU CLICK THE “I ACCEPT” BUTTON (THE "EFFECTIVE DATE").

Advance Transit contact information:

Advance Transit, Inc.

120 Billings Farm Road

White River Junction, VT 05001

rideAT@advancetransit.com

(802) 295-1824

2.      Definitions.

2.1    “Account” means the account created for You by Advance Transit that contains the information required by Advance Transit for You to access and use the Service.

2.2    “App” means the Access AT mobile Software for on-demand paratransit services powered by Via Transportation, Inc. ("Via"), a Third Party technology provider Contractor.

2.3    “Contractor” means any Third Party engaged by Advance Transit to provide services to or on behalf of Advance Transit in connection with the Service in any way, and may include Licensors as applicable.

2.4    “Law” and “laws” (whether capitalized or not) means statutes, common law, regulations, rules, ordinances, treaties, and governmental and court orders and proclamations having the effect of law, and the like, and when referring to remedies includes both damages and equitable remedies.

2.5    “Licensor” means any Third Party who has licensed Software to Advance Transit that is used in connection with the Service in any way.

2.6    “Party” means each of Advance Transit and You, and “Parties” means both Advance Transit and You.

2.7    “Person” means any individual, corporation, limited or other partnership, organization, association, institution, government authority (including agencies, departments and other subdivisions thereof), or other entity of any kind or nature.

2.8    “Rider” means an individual on whose behalf You are entering into this Agreement.

2.9    “Service” means the App, and any other applications, websites, content, products, and services (the “Service”) made available to You in connection with use of the App, for, among other things, requesting and scheduling rides provided through the Shuttle Service. 

2.10  “Software” means software and software code in any form, and includes all software applications, platforms and systems.

2.11  “Shuttle Service” means the on-demand paratransit services provided by Advance Transit to You.

2.12  “Third Party” means any Person other than Advance Transit, You or a Rider.

2.13  “Your Data” means all content uploaded by you into the Service, including Account information.

2.14  Other definitions are as set forth elsewhere in this Agreement.

3.      Use of the Service. 

3.1.   Right to Use.  Subject to the provisions of this Agreement, including meeting all eligibility requirements, Advance Transit grants You a personal, limited, terminable, revocable, non-exclusive, non-sublicensable, non-transferable, non-assignable license to (i) access and use the App on your personal mobile device solely in connection with your use of the Service; and (ii) access and use any content, information, and related materials that may be made available through the Service, in each case solely for your personal, noncommercial use. Any rights not expressly granted herein are reserved by and belong solely to Advance Transit, its Contractors and/or Licensors, as applicable. Access will be made available on the Effective Date.

  1. Eligibility. To be eligible to use the Service, You must complete an application and satisfy the criteria contained therein.
  2. Account.  In order to access and use the Service You must set up an Account with Advance Transit. Information required to set up an Account is set out in ADA Paratransit Eligibility Application to be completed by You, and which is incorporated into this Agreement by reference.
  3. Via EULA. Please note that you may be required to enter into an end user license agreement (EULA) with Via in order to access and use the App, and Via’s privacy terms/policy apply to that EULA.

3.2.   Your Responsibilities.  You are responsible for:

  1. providing and maintaining all hardware, Software, and telecommunications, Internet and other services, necessary to access and use the Service, and ensuring the interoperability of any non-Advance Transit Software and/or systems used by You in connection with the Service, including all Third Party interfaces and integration costs; 
  2.  protecting passwords and other log-in information, and otherwise protecting against any unauthorized access to and use of Your Account and the Service;
  3. ensuring the accuracy, quality and legality of Your Data;
  4. providing current contact information for You as required by Advance Transit and updating the same with Advance Transit as it changes;
  5. notifying Advance Transit promptly of any unauthorized access to or use of Your Account or the Service;
  6. complying with all the provisions of this Agreement and applicable law; 
  7. complying with the terms of service/use, licenses, and/or other agreements governing any non-Advance Transit Software used in connection with the Service (including Software provided by Via); 
  8. complying with all rules, regulations, codes of conduct and agreements relating to use of the Shuttle Service; and
  9. all activities that occur under your Account. 

3.3    Your Representations and Undertakings.  You represent that all information you provide will be true and accurate. You agree to notify Advance Transit immediately of any breach of secrecy of password or other log-in information. If you have any reason to believe that your Account information has been compromised or that your Account has been accessed by a Third Party, You will immediately notify Advance Transit by e-mail at rideat@advancetransit.com. You will be solely responsible for the losses incurred by You, any Rider, Advance Transit and others due to any unauthorized use of your Account. You will be solely and fully responsible for and liable to Advance Transit and any Third Parties for all acts and omissions of any Rider.

3.4       Your Cooperation.  You agree to comply with all reasonable requests of Advance Transit and provide access to all information and/or materials reasonably necessary to the performance of Advance Transit’s obligations under this Agreement, including necessary personal information. By creating an Account, you agree that Advance Transit may send you informational emails and text (SMS) messages as part of the normal business operation of Your use of the Service. You may opt-out of receiving emails and text (SMS) messages from Advance Transit at any time by sending an email to rideat@advancetransit.com or calling (802) 295-1824 and requesting to opt out. You acknowledge that opting out of receiving emails or text (SMS) messages may impact your use of the Services.

3.5    Restrictions.  You will not, and will not allow or enable any other Person to: 

  1. attempt or make any unauthorized access or use of the Service or any part thereof, or allow any unauthorized Person to access or use the Service or any part thereof;
  2. use the Service for any purpose not authorized under this Agreement; 
  3. share with, or allow unauthorized Persons to have access to, Your password(s) and other log-in information; 
  4. copy or reproduce the Service or any part thereof, or copy or use any use any ideas, features, functions, methods, or processes of the Service;
  5. reverse engineer, disassemble, decompile, translate or adapt the Service or any part thereof;
  6. modify, translate, distribute or prepare derivative works based on the Service or any part thereof;
  7. remove or modify any labels, trademarks or service marks, copyright notices, or other proprietary notices, from the Service or any part thereof;
  8. publish, display, disclose, sell, distribute, rent, loan, lease, sublicense, transfer or make available the Service or any part thereof except as permitted under this Agreement;
  9. use the Service or any part thereof in violation of any law;
  10. cause any interruption or degradation of the service, or interfere with, disrupt, or undertake any action that interferes with or disrupts the integrity or performance of the Service or the servers or networks used in connection with providing the Service, including negligently or deliberately introducing into the Service any malicious or harmful Software or other malware;
  11. build a competitive product or service or use the Service to compete with Advance Transit or any of its Licensors;
  12. use the Service or any part thereof for any inappropriate purposes, including, but not limited to: (i) publishing, posting, or disseminating unlawful, threatening, harassing, defamatory, obscene, lewd, or fraudulent information or materials; (ii) violating any Person(s)’ intellectual property rights or other rights, including, rights of privacy and publicity; (iii) requesting unlawful services or materials; (iv) spamming; (v) engaging in fraudulent or criminal activities; (vi) negligently or deliberately transmitting any harmful Software or other malware; (vii) causing degradation, interruption or disabling of the Service, or glutting, or over storage of unreasonably large files, or excessive bandwidth use; (viii) attempting to gain unauthorized access to any site, network, computer, server or other device, including by guessing passwords and the like, (ix) “mirroring” or framing the Service or any part thereof on any other server or device; and/or 
  13. access or use, or allow access or use of the Service outside the United States or otherwise in contravention of any United States export law.

3.6    Changes to Service and Agreement.

         a. You acknowledge and agree that Advance Transit has the right to make changes to the Service from time to time in Advance Transit's sole discretion. In such event, Advance Transit will provide You with reasonable prior notice of any material changes, which may include posting a notice on Advance Transit’s website and/or by email or postal mail. If the modifications materially diminish the features or functionality of the Service, You may terminate this Agreement by providing notice in writing to Advance Transit, and neither Party will have any liability as a result of such termination except as to payment and/or other obligations or liabilities existing as of the date of the termination.

         b. You acknowledge and agree that (a) this Agreement is an online click-through agreement, (b) that Advance Transit may need to revise the Agreement from time to time, and (c) it would not be practicable or manageable to have different versions of the Agreement in effect. Accordingly, You agree that Advance Transit may unilaterally change the provisions of the Agreement from time to time. In the event Advance Transit makes any changes to this Agreement, it will provide You with reasonable prior notice. Notice as to minor changes may be given by posting a notice on Advance Transit’s website, whereas notice of material changes would be given by email or postal mail. If You do not agree to the revised Agreement, You may terminate this Agreement by providing notice in writing to Advance Transit, and neither Party will have any liability for the termination, but all other liabilities that exist as of termination will remain in effect according to the terms of the Agreement and/or applicable law.

Continued access and use of the Service will be deemed to be consent by You to all of the provisions of the amended Agreement.

3.7    Suspension of Service.  Advance Transit may immediately suspend use of the Service by You if: (a) You breach any provision of this Agreement, (b) it is reasonably necessary to prevent unauthorized access to Your Data, (c) it is reasonably necessary to protect You, Advance Transit, or any other Person, including preventing actual or threatened harm to or violation of any of their rights or interests, (d) your cease to be eligible for the Service or the Shuttle Service; and/or (e) it is necessary to comply with applicable law.  To the extent practicable, Advance Transit will give reasonable advance notice of the suspension to You. Advance Transit will lift the suspension upon resolution of the basis for the suspension to Advance Transit’s sole satisfaction, unless the Agreement is terminated as provided for herein. If the Your and/or Your Account/access has been suspended for more than ninety (90) days (x) due to You and/or any Your uncured breach under subsection (a), that circumstance will constitute a breach by You without right to cure and this Agreement will automatically terminate at 11:59 pm eastern time on the 90th day, or (y) for any reason under subsections (b) through (d), either Party may terminate this Agreement immediately on written notice without further liability to the other except as to payment and/or other obligations or liabilities existing as of the date of the termination.

4.      Nature of Rights.

4.1    Advance Transit’s proprietary rights. You have no ownership rights in the Service, or any part thereof. Rather, You have a limited right to use the Service only in accordance with the provisions of this Agreement and applicable laws. No rights granted to You constitute a sale of or other transfer ownership to the Service, or any part thereof. All title, ownership, copyrights, and all intellectual property and other proprietary rights in and to the Service, and all parts thereof, are owned by and remain with Advance Transit and/or its Contractors and Licensors, as the case may be. The Service contains material that is protected by various laws, including copyright, trademark and trade secret laws. All rights not granted to You herein are expressly reserved by Advance Transit, for itself and/or its Contractors and Licensors, as the case may be. You may not remove or permit removal any proprietary notices of Advance Transit or any Third Party from the Service or any part thereof. 

4.2       Your Proprietary Rights.  As between Advance Transit and You, You own all right, title and interest in the Your Data. Notwithstanding the foregoing, You grant to Advance Transit a non-exclusive, sublicensable, transferable and assignable right and license to use, copy, reproduce, modify, incorporate, store, display and transmit Your Data as needed for Advance Transit, its successors and assigns to perform Advance Transit’s obligations and exercise its rights under this Agreement.

5.      Confidentiality. 

5.1    Each of the Parties hereto acknowledges and agrees that Confidential Information means any information provided or disclosed by one Party to the other, in each case which does not fall within any of the exceptions identified in Section 5.2. To be clear, Advance Transit Confidential Information includes the Service and all parts thereof including Advance Transit content and documentation, and any information provided by Contractors or other Third Parties acting on behalf of or providing services or goods to Advance Transit. Your Confidential Information includes Your Data. The provisions of this Agreement but not its existence constitute Confidential Information. Both Parties agree that all items of Confidential Information are proprietary to the disclosing Party or such Third Party, as applicable, and will remain the sole property of the disclosing Party or such Third Party. Advance Transit will maintain all Your Confidential Information in confidence using at least reasonable measures to protect the same. You will maintain all Advance Transit Confidential Information in confidence using at least reasonable measures to protect the same, and will only use the Service and all parts thereof as permitted under this Agreement.

5.2    Confidentiality Exceptions.  Notwithstanding the foregoing, the provisions of Section 5. will not apply to Confidential Information that (a) is publicly available or in the public domain at the time disclosed; (b) is or becomes publicly available or enters the public domain through no fault of the recipient; (c) is rightfully communicated to the recipient by Persons not bound by confidentiality obligations with respect thereto; (d) is already in the recipient’s possession free of any confidentiality obligations with respect thereto at the time of disclosure; (e) is independently developed by the recipient, verifiable by independent evidence; or (f) is approved for release or disclosure by the disclosing Party without restriction.

5.3       Disclosure Required by Law or to Exercise Rights. Notwithstanding the foregoing, the recipient may disclose Confidential Information of the disclosing Party to the limited extent required (a) in order to comply with the order of a court or other governmental body, or as otherwise necessary to comply with applicable law, or (b) to establish a Party’s rights under this Agreement, including to make such court filings as it may be required to do, and to prosecute and defend claims, provided that in each such case under (a) and (b) above the recipient shall first have given written reasonable prior notice to the disclosing Party to the extent practicable and legally permissible, and made a reasonable effort to cooperate with the disclosing Party to, in the disclosing Party’s sole discretion, obtain a protective order or other protective relief regarding such disclosure. If the disclosing Party fails to undertake any protective action or protection is not granted under the law by a court or other authority, it will not be a breach of this Agreement for recipient to make the disclosure.

6.      Payment.

No payment is required to use the Service.

7.      Contractors; Third Party Links/Sites

7.1    Advance Transit may use Contractors to provide various services related to the Service and Your Account, including providing the App, web site hosting, data storage, customer support, and payment processing. You acknowledge and agree to the use of such Contractors by Advance Transit. YOU ACKNOWLEDGE AND AGREE THAT ADVANCE TRANSIT WILL NOT BE RESPONSIBLE OR LIABLE FOR ANY ERRORS OR OTHER ACTS OR OMISSIONS OF THE CONTRACTORS.

7.2    The Service may contain links to Third Party web sites. These links are provided solely as a convenience to You. Advance Transit does not make any warranty or representation, nor does it endorse, any linked Third Party web sites or the information appearing thereon or any of the products or services described therein. ACCESSING LINKED THIRD PARTY WEB SITES IS AT YOUR OWN RISK AND ADVANCE TRANSIT HEREBY DISCLAIMS ANY RESPONSIBILITY OR LIABILITY AS TO SUCH THIRD PARTY WEBSITES OR ANY HARM THAT MAY ARISE FROM THE USE THEREOF.

8.      Availability; Privacy; Security; Support.  

8.1    Availability.  Advance Transit will use commercially reasonable efforts to make the Service available without interruption, subject to normal maintenance by it or its Contractors, and interruptions beyond its control. Nevertheless, You acknowledge that provision of the Service is not guaranteed to be without interruption. You acknowledge that the Service may be unavailable for periods of time, including due to scheduled maintenance or reasons beyond Advance Transit’s control. Although Advance Transit 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 is subject to frequent change. Accordingly, the content, information, and related materials available via the Services may not be up-to-date, accurate, or complete at all times. YOU UNDERSTAND THAT THE SERVICE IS BEING PROVIDED MERELY AS A CONVENIENCE TO YOU AND THEREFORE YOU SHALL HAVE NO CLAIMS OR RIGHTS WITH REGARD TO, AND NEITHER ADVANCE TRANSIT, NOR ITS CONTRACTORS OR LICENSORS, NOR ANY OTHER PERSON WILL HAVE ANY LIABILITY TO YOU AS A RESULT OR ON ACCOUNT OF, ANY DOWNTIME OR NONAVAILABILITY OF THE SERVICE.

THE SERVICE IS NOT INTENDED FOR EMERGENCY TRANSPORTATION, SUCH AS IN THE CASE OF A MEDICAL EMERGENCY. IF YOU ARE EXPERIENCING HEALTH OR MEDICAL SYMPTOMS YOU SHOULD CALL AN AMBULANCE FOR TRANSPORTATION.

8.2    Support. Advance Transit will provide support to You as follows:

a.       Operational Support (Advance Transit): For issues regarding trip eligibility, ride scheduling, vehicle locations, or driver concerns, please contact our Access-AT dispatchers at (802) 295-1824 or rideat@advancetransit.com. Advance Transit support is available during our normal business hours: Monday through Friday, 8:00 AM to 4:30 PM.

b.      Technical Support (Via): For technical issues specific to the mobile application (e.g., app crashes, login errors, or mapping bugs), support is provided by our technology partner, Via. You may request technical support through the "Help" or "Support" section within the Access-AT app or by emailing support@ridewithvia.com.

c.       Initial inquiries regarding your ride or service status should be directed to Advance Transit. If your issue is purely technical in nature regarding the mobile app, Advance Transit staff may direct you to contact Via support directly.

d.      No Service Level Guarantees: The Service is provided as a convenience and is subject to availability. Advance Transit and Via do not provide any service level guarantees, including but not limited to, guarantees of app uptime, real-time data accuracy, or specific vehicle arrival times. All support is provided on a "best efforts" basis.

8.3    Privacy. Our collection and use of personal information in connection with the Service is as provided in our Privacy Notice which may be accessed at this link: https://advancetransit.com/privacy-policy/. 

8.4    Security.   Advance Transit will take commercially reasonable measures to have in place appropriate administrative, physical, and technical safeguards for protection of the security, confidentiality and integrity of Your Data. These measures will include, but not be limited to, measures designed to prevent loss of, and unauthorized access by and disclosure to unauthorized Third Parties, of Your Data.

9.      Indemnity.

You agree to defend, indemnify and hold harmless Advance Transit and its Contractors and Licensors, and their respective owners, shareholders, members, officers, directors, managers, employees, agents, and representatives, and the respective heirs, estates, successors and assigns of each of the foregoing (collectively the “Advance Transit Parties”) from and against any and all demands, claims, causes of action, lawsuits and other proceedings and actions of any kind or nature (each a “Claim” and collectively “Claims”), and all losses, damages, fines, penalties, judgments, and liabilities, including all reasonable attorneys’ fees, costs, expenses and interest (collectively “Losses”) of any kind on account of any Claim(s) made against any of the Advance Transit Parties by a Third Party arising out of or based on any actual or alleged wrongful act or omission, including, but not limited to, any breach of this Agreement, any negligent, reckless, intentional, and/or criminal misconduct, any violation of a Third Party’s intellectual property or other proprietary rights, and/or violation of law, by You or any Person acting on your behalf or with your authorization or agreement. You agree that Advance Transit and/or the other Advance Transit Parties, as they in their sole discretion determine, will control the defense of any Claim or proceeding with legal counsel of its/their own choosing. Each Advance Transit Party will be considered a third party beneficiary of this Agreement with regard to the provisions of this Section 9.

10.    DISCLAIMER OF WARRANTIES.

THE SERVICE, AND ALL PARTS THEREOF, INCLUDING ADVANCE TRANSIT CONTENT AND DOCUMENTATION, IS BEING PROVIDED TO YOU AS IS, AS AVAILABLE, WITHOUT ANY WARRANTIES OF ANY KIND OR NATURE WHATSOEVER, AND TO THE EXTENT ALLOWED UNDER ANY APPLICABLE LAWS ADVANCE TRANSIT HEREBY DISCLAIMS ALL WARRANTIES, EXPRESS AND IMPLIED, INCLUDING BUT NOT LIMITED TO ANY AND ALL IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, TITLE, ABSENCE OF ENCUMBRANCES, SECURITY INTERESTS, OR LIENS, AND QUIET ENJOYMENT, WHETHER ARISING BY CONTRACT, COURSE OF PERFORMANCE, COURSE OF DEALING OR USAGE OF TRADE, OPERATION OF LAW, OR OTHERWISE. 

WITHOUT IN ANY WAY LIMITING THE FORGOING, YOU UNDERSTAND AND AGREE THAT ADVANCE TRANSIT IS IN NO WAY WARRANTING THAT (A) THE FUNCTIONS OR SPECIFICATIONS CONTAINED IN THE SERVICE WILL MEET ANY REQUIREMENTS OR NEEDS YOU MAY HAVE, (B) THE OPERATION OF THE SERVICE WILL BE TIMELY, SECURE, UNINTERRUPTED OR ERROR-FREE, OR THAT ANY DEFECTS OR ERRORS IN THE SERVICE OR ITS OPERATION OR FUNCTIONALITY OR ANY SOFTWARE RELATED THERETO OR DOCUMENTATION WILL BE CORRECTED, (C) ANY INFORMATION OBTAINED BY YOU AS A RESULT OF USE OF THE SERVICE WILL BE ACCURATE OR RELIABLE, AND/OR (D) THAT THE SERVICE IS COMPATIBLE WITH YOUR HARDWARE, SOFTWARE OR INFORMATION TECHNOLOGY SYSTEMS. YOU ASSUME THE ENTIRE RISK AS TO USE OF THE SERVICE AND ALL PARTS THEREOF, INCLUDING ALL DATA, INFORMATION, DOCUMENTS AND REPORTS GENERATED THROUGH THE USE OF THE SERVICE. 

ANY INFORMATION OR MATERIAL DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE SERVICE IS DONE AT YOUR OWN DISCRETION AND RISK. YOU ARE SOLEY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEMS OR OTHER DEVICES OR LOSS OF INFORMATION/DATA THAT RESULTS FROM THE DOWNLOAD OF ANY SUCH INFORMATION OR MATERIAL. YOU ACKNOWLEDGE AND AGREE THAT ADVANCE TRANSIT CANNOT BE AN INSURER, AND THAT THESE LIMITATIONS ARE APPROPRIATE AND NECESSARY FOR ADVANCE TRANSIT IN LIGHT OF THE FACT NO PAYMENT IS BEING MADE FOR USE OF THE SERVICE, THE NATURE OF THE SERVICE, AND GIVEN THE NUMBER OF POTENTIAL USERS OF THE SERVICE.

11.    LIMITATION OF LIABILITY.

YOU AGREE THAT, TO THE EXTENT PERMITTED BY APPLICABLE LAW, THE ADVANCE TRANSIT PARTIES WILL HAVE NO LIABILITY OF ANY KIND OR NATURE TO YOU, OR ANY OTHER PERSON, FOR ANY CLAIMS OR LOSSES OR OTHERWISE, INCLUDING BUT NOT LIMITED TO UNDER CLAIMS OF BREACH OF CONTRACT, NEGLIGENCE, OR STRICT LIABILITY, IN CONNECTION WITH THIS AGREEMENT AND/OR THE PROVISION AND USE OF THE SERVICE OR ANY PART THEREOF, INCLUDING ANY ADVANCE TRANSIT CONTENT AND DOCUMENTATION. WITHOUT IN ANY WAY LIMITING THIS FOREGOING BROAD LIMITATION, ADVANCE TRANSIT WILL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, SPECIAL, CONSEQUENTIAL, INCIDENTAL, PUNITIVE, EXEMPLARY, ENHANCED, OR OTHER DAMAGES, INCLUDING, BUT NOT LIMITED TO, DAMAGES ARISING FROM OR RELATED TO (A) PROCUREMENT OF SUBSTITUTE GOODS OR SERVICES, (B) LOSS OF USE OF THE SERVICE OR ANY PART THEREOF, (C) LOSS OF BUSINESS, (D) LOSS OF PROFITS OR REVENUES, (E) BUSINESS INTERRUPTION, (F) LOSS OF INFORMATION/DATA (INCLUDING YOUR DATA), (G) LOSS OF OR HARM TO REPUTATION OR GOODWILL, (H) ANY CHANGES ADVANCE TRANSIT MAY MAKE TO THE SERVICE OR ANY PART THEREOF, OR FOR ANY PERMANENT OR TEMPORARY CESSATION OR SUSPENSION OF THE SERVICE OR ANY FEATURES WITHIN THE SERVICE, OR ANY PART THEREOF, (I) THE DELETION OF, CORRUPTION OF, OR FAILURE TO STORE, ANY CONTENT, INFORMATION OR DATA (INCLUDING YOUR DATA), OR COMMUNICATIONS MAINTAINED OR TRANSMITTED BY OR THROUGH USE OF THE SERVICE, (J) YOUR FAILURE TO PROVIDE ACCURATE ACCOUNT INFORMATION, (K) YOUR FAILURE TO KEEP YOU ID, PASSWORD, AND/OR ACCOUNT DETAILS SECURE AND CONFIDENTIAL AND/OR TO PROTECT YOUR INFORMATION/DATA , (L) USE, INABILITY TO USE, MISUSE, OR MALFUNCTION OF THE SERVICE OR ANY PART THEREOF, (M) DAMAGE TO PROPERTY (REAL AND PERSONAL, AND TANGIBLE AND INTANGLIBLE), (N) TO THE MAXIMUM EXTENT PERMITTED BY LAW, DAMAGES FOR BODILY INJURY AND/OR PERSONAL INJURY, AND/OR (O) OTHER TANGIBLE OR INTANGIBLE LOSS, WHETHER INCURRED DIRECTLY, OR INDIRECTLY, EVEN IF SUCH DAMAGES ARE REASONABLY FORESEEABLE OR ANY OF THE ADVANCE TRANSIT PARTIES HAVE BEEN ADVISED OF, OR KNOW OR SHOULD KNOW OF, THE POSSIBILITY OF SUCH DAMAGES. YOU ACKNOWLEDGE AND AGREE THAT THESE LIMITATIONS ARE APPROPRIATE AND NECESSARY FOR ADVANCE TRANSIT IN LIGHT OF THE FACT NO PAYMENT IS BEING MADE FOR USE OF THE SERVICE, THE NATURE OF THE SERVICE, AND GIVEN THE NUMBER OF POTENTIAL USERS OF THE SERVICE.

THERE IS A RISK THAT UNAUTHORIZED THIRD PARTIES MAY ENGAGE IN ILLEGAL ACTIVITY, SUCH AS HACKING INTO ADVANCE TRANSIT’S OR ITS CONTRACTOR’S OR LICENSOR’S SYSTEMS, OR BY INTERCEPTING TRANSMISSIONS OF PERSONAL INFORMATION OVER THE INTERNET. NEITHER ADVANCE TRANSIT NOR ITS CONTRACTORS OR LICENSORS WILL BE RESPONSIBLE OR LIABLE FOR ANY DATA OBTAINED BY THIRD PARTIES IN AN UNAUTHORIZED MANNER.

12.    THIRD PARTY SYSTEMS. 

THE SERVICE CONTAINS FEATURES DESIGNED TO INTEROPERATE WITH NON-ADVANCE TRANSIT SOFTWARE AND SYSTEMS. ADVANCE TRANSIT DOES NOT GUARANTEE AND HEREBY DISCLAIMS ANY LIABILITY FOR THE PERFORMANCE OF, OR CONTINUED AVAILABILITY OF OR INTEROPERABILITY OF, SUCH SOFTWARE OR SYSTEMS AND ADVANCE TRANSIT MAY DISCONTINUE PROVIDING THE SERVICE WITHOUT LIABILITY TO YOU IF SUCH SOFTWARE OR SYSTEMS BECOME UNAVAILABLE.

13.    Term and Termination.

13.1  Subject to the other provisions of this Section 13, this Agreement will remain in effect until such time as it is terminated in accordance with this Section 13.

13.2  Advance Transit may terminate this Agreement immediately where: (a) You are no longer eligible for the Service or the Shuttle Service, or (b) you violate any applicable codes of conduct.

13.3  You may terminate this Agreement at any time upon thirty (30) days prior notice to Advance Transit.

13.4  Either Party may terminate this Agreement immediately upon notice to the other in the case of breach of any confidentiality provisions of this Agreement.

13.5  Either Party may terminate this Agreement if the other Party breaches any material provision of this Agreement and fails to cure such breach within thirty (30) days after receipt of written notice of such breach, the termination being effective as of the expiration of the thirty (30) day period.

13.6  Either Party may terminate this Agreement immediately upon notice to the other if the other Party (i) becomes insolvent, (ii) makes an assignment for the benefit of creditors, (iii) files or has filed against it a petition in bankruptcy or seeking reorganization, (iv) has a receiver appointed, (v) institutes any proceedings for the liquidation or winding up, or (vi) ceases to conduct business in the ordinary course; provided, however, that, in the case any of the foregoing proceedings or appointments is involuntary, such Party will only be in breach if such proceeding or appointment has not been dismissed within 60 days after its institution.

13.7  Upon termination of this Agreement You will immediately, fully, and completely cease all use of the Service, and access to the Service will be terminated. Except as Advance Transit and/or its Contractors, including Via, are otherwise required to maintain Your personal information in accordance with applicable law and/or agreements with government authorities, Advance Transit will permanently destroy/erase all Your Confidential Information (including Your Data) and all copies thereof, including from all of its computers, servers and other electronic storage systems and devices, and will instruct all Contractors to whom Advance Transit has disclosed Your Confidential Information (including Your Data) to do likewise. Confidential Information (including Your Data) maintained by Advance Transit will be secured in accordance with Section 8.4 of this Agreement.

13.8 Sections 1, 2, 3.3 - 3.5, 4 - 7, 8.3, 8.4, 9 - 12, 13.7, 13.8, and 14 - 16 shall survive the termination or expiration of this Agreement, as shall any other provisions that by their nature and/or context would normally be deemed to survive, including as needed to effectuate any specifically identified surviving provisions.

14.    Injunctive relief.  The Parties acknowledge and agree that money damages would not be a sufficient remedy for any breach of the parties’ obligations with respect to Confidential Information or proprietary rights. Either Party will be entitled to seek injunctive relief as a remedy for any such breach without the necessity of posting a bond or other security or surety.  Such remedy will not be deemed the exclusive remedy for the breach of obligations with respect to Confidential Information or proprietary Rights, but will be in addition to all other available remedies under the Law.

15.    Attorneys’ fees and costs. You will be liable and will reimburse Advance Transit for all of Advance Transit’s attorneys’ fees and costs incurred in connection with Advance Transit’s enforcement of this Agreement.

16. General.

16.1    Interpretation.  The Parties will be deemed to have jointly drafted this Agreement, and neither will be considered to be the draftsman for the purpose of any inference, presumption or the like with respect to interpretation or construction of this agreement, including in the case of any ambiguities. The terms “include”, “including” and “ include (or including) without limitation” mean “including but not limited to”. The terms “herein,” “hereunder,” “thereof,” “thereunder” and similar expressions refer to the Agreement in its entirety, unless otherwise explicitly stated in this Agreement. Except as otherwise specifically stated in this Agreement, “days” means calendar days. Should this Agreement conflict in any way with any agreement between Via and Advance Transit or Via and You, the terms of the applicable Via agreement(s) shall prevail.

16.2. Relationship of the Parties.  The relationship between Advance Transit and You is that of independent contractors. Nothing contained in this Agreement will be construed to create a partnership, joint venture or agency relationship between the Parties, and, notwithstanding anything else herein, neither Party will have the right to incur (and will not attempt to incur) any obligation or liability on behalf of the other Party. Except as to Advance Transit Parties identified in Section 9 and for the purposes identified therein, and any Rider, no Person is or will be deemed to be a third party beneficiary of this Agreement or any provision hereof, and will have no standing or right to enforce, or make claims or institute actions in connection with the same.

16.3  Binding Effect; Assignment. This Agreement will inure to the benefit of and be binding on the Parties and their respective heirs, estates, successors and permitted assigns. This Agreement is personal to You and will terminate automatically upon Your death or incapacity. Neither this Agreement nor any part thereof may be assigned by You, and any such assignment will be null and void.

16.4  Waiver. No waiver of any right, power, or remedy under this Agreement will be effective unless in writing and signed by the Party against whom enforcement is sought. No failure or delay in exercising any right, power, or remedy with respect to any of the provisions of this Agreement will operate as a waiver thereof. The waiver by either Party a breach of any provision of this Agreement, or enforcement thereof, will not operate as or be construed as a waiver of any subsequent breach thereof or of any other provision in this Agreement.

16.5  Governing Law; Jurisdiction. This Agreement will be governed by and construed according to the laws of the State of Vermont as applied to transactions taking place wholly within the State of Vermont without reference to Vermont’s or any other jurisdiction’s conflicts or choice of law rules or principles. The Parties hereby irrevocably agree to submit any dispute between the Parties arising out of or relating to this Agreement to the exclusive jurisdiction of a state or federal court of appropriate subject matter jurisdiction and venue located within the State of Vermont and agree to the exclusive personal jurisdiction of such courts over them.

16.6  Force Majeure. If performance of this Agreement or any obligation under this Agreement by Advance Transit is prevented, restricted, or interfered with by causes beyond Advance Transit's reasonable control ("Force Majeure"), the obligations of Advance Transit will be suspended to the extent necessitated by such event. The term Force Majeure will include, without limitation, acts of God, fire, explosion, vandalism, storm or other similar occurrence, orders or acts of military or civil authority, national emergencies, insurrections, riots, or wars, strikes, lock-outs, or work stoppages, pandemics, epidemics, and/or illness.

16.7  Severability. In the event that one or more provisions of this Agreement is for any reason be found to be void, invalid or unenforceable by a court of competent jurisdiction, the remainder of this Agreement will nonetheless remain in full force and effect, and will be construed by the court (to the greatest extent possible) in such a way as to effectuate the intent of the parties had the invalidated provision remained and to confer upon the parties the benefits and rights which they would have possessed under the Agreement as a whole, had the invalidated provisions remained in effect.

16.8  Amendment and Modification. Advance Transit may change the provisions of this Agreement as set forth in Section 3.6. You may not change any provisions of this Agreement and any attempt to do so will be null and void.

16.9  Entire Agreement.  This Agreement constitutes the entire agreement of the Parties hereto with regard to the subject matter thereof, and supersede(s) all prior and contemporaneous agreements, representations, proposals, discussions, promises and communications, whether oral or in writing.

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