Terms of Service
Last Updated: December 15, 2016
PLEASE READ CAREFULLY
These Terms of Service (“Terms of Service”) form a legal agreement between you and the Tri-County Metropolitan Transportation District of Oregon (“TriMet” or “we,” “us,” or “our”). These Terms of Service govern your use of all electronic TriMet services, including services offered through its websites, mobile applications (“apps”), and other electronic services (collectively, the “Services”).
I. General Terms
These General Terms apply to all electronic Services. Additional terms apply to specific Services, and those additional terms are described below in Section II (“Specific Service Terms”).
By accessing the Services on any computer, mobile phone, tablet, console, or other device, or through use of an electronic fare card, you signify that you have read, understand, and agree to be bound by these Terms of Service, whether or not you are a registered Services user. We have the right to change these Terms of Service at any time. We agree to post a notice of the changes in the footer of our websites, and the changes will be effective 30 days after posting such notice to our website. Your continued use of the Services shall be considered your acceptance to the revised Terms of Service. If you do not agree to these Terms of Service, please do not use any of the Services.
The Services are not a forum for public communication and debate, but a means for TriMet to provide information relating to TriMet services, programs, objectives, missions, and projects to the public and its customers.
You agree to our use of your personal information and content in accordance with our Privacy Statement, which is available here and incorporated herein by reference. Please note that TriMet is a public agency and is subject to public records laws.
You may need to register for an account before using some of the Services. You may create your own account or an account may be assigned to you by an administrator, such as an employer or educational institution. If you are using an account assigned to you by an administrator, different or additional terms may apply and your administrator may be able to access or disable your account.
You are responsible for any activity that occurs under your account. Keep your username and password secure and do not allow anyone else to use them to access the Services. TriMet is not responsible for any loss that results from the unauthorized use of your username and password, with or without your knowledge.
All content included on or through the Services, such as text (including blog posts, schedules, arrival information, fare information), graphics (including maps), designs, logos, presentations, videos, data, instructions, photos, and software (the “Materials”), is the property of TriMet or its licensors. The Materials are protected by copyright, trademark, and other intellectual property laws.
TRIMET®, WES®, TRANSITTRACKER™, HOP FASTPASS™, and other trademarks, service marks, and logos that we use are trademarks of TriMet. Third-party trademarks that appear in connection with the Services are the property of their respective owners. You may not use any of the trademarks displayed in connection with the Services without the express written permission of TriMet.
TriMet grants you a personal, United States, royalty-free, non-assignable, and non-exclusive license to use the Materials provided to you by TriMet as part of the Services. When a Service requires or includes downloadable software (such as apps), TriMet grants you a personal, United States, royalty-free, non-assignable, and non-exclusive license to download the software onto your mobile device. These licenses are for the sole purpose of enjoying the Services and are subject to the license restrictions below.
If you are a developer using TriMet Materials to develop a transit-related application program interface (“API”), your access to and use of TriMet Materials is governed by the developer terms at http://developer.trimet.org/terms_of_use.shtml.
Unless laws prohibit these restrictions or you have our written permission, you may not:
- Copy, modify, distribute, sell, or lease any part of our Services or included software;
- Reverse engineer or attempt to extract the source code of our software;
- Download, print, copy, distribute, or otherwise use Materials for commercial purposes, including commercial publication, sale, or personal gain;
- Use any manual process or robot, spider, scraper, or other automated means to collect information or Materials from the Services or from users of the Services;
- Circumvent any of the technical limitations of the Services or interfere with the Services, including by preventing access to or use of the Services by our other users;
- Change or remove any copyright, trademark, or other proprietary notices, including, without limitation, attribution information, credits, and copyright notices that have been placed on or near the Materials; or
- Impersonate any person or entity or misrepresent yourself or your entity in connection with the Services, or attempt to use another user’s account without the user’s permission.
The Services may contain links to websites, applications, or other products or services operated by other companies (“Third-Party Services”). For example, TriMet’s gear store is hosted by a third-party ecommerce provider, and many mobile apps that TriMet promotes are developed and offered by third parties.
All decisions as to the placement of links to external sites or pages from the Services will be made by TriMet in its sole discretion. TriMet is not responsible for and does not endorse the content of any third-party website or service. Third-party websites are governed by the separate terms and privacy practices of such third parties. You access such Third-Party Services at your own risk. In the case of third-party apps, we list or link to them merely as a convenience to our users, and TriMet does not sponsor or endorse these apps. We expressly disclaim any liability for these Third-Party Services.
Your feedback and participation are important to us. With respect to any content you submit or make available to TriMet (including through our “Contact Us” pages and social media channels), such as your biography, comments, suggestions, pictures, videos, and other content, you grant to TriMet a non-exclusive, perpetual, worldwide, royalty-free, transferable license to use, copy, distribute, publicly display, modify, and create derivative works from such content. The rights you grant in this license are for the limited purpose of operating, promoting, and improving our Services, and to develop new Services. This license continues even if you stop using our Services. Personal information we collect from you is subject to TriMet’s Privacy Statement.
In the event that you submit or post any creative suggestions, proposals, or ideas about our products and services, you agree that such submissions will be automatically treated as non-confidential and non-proprietary. We may use your feedback without any obligation or credit to you.
You represent and warrant that your user content does not and will not violate these Terms of Service or the rights of any third party, including infringing or misappropriating any third-party intellectual property and publicity rights or violating the privacy rights of another person. You are solely responsible for your user content.
User Content Is Not Prescreened
We do not prescreen content posted by users and cannot guarantee the Services will be free from content that is inaccurate, deceptive, offensive, defamatory, unlawful, or otherwise objectionable. You acknowledge that we are acting only as a passive channel for such distribution. We have no liability relating to any user content or activities of users through the Services. Even in the event we choose to monitor any user content, we assume no responsibility for, or any obligation to monitor or remove, such user content. If you have concerns about any content posted by another user, please contact us at: firstname.lastname@example.org.
Links to Our Website
TriMet permits links from other websites in accordance with the following conditions:
- The appearance, position, and other aspects of the link may not be such as to damage or dilute the goodwill associated with TriMet’s name and trademarks or be displayed in any manner that is likely to cause confusion among the public or disparage or discredit TriMet;
- The appearance, position, and other attributes of the link may not create the false impression that an organization or entity is sponsored by, affiliated with, or associated with TriMet or that views expressed on the website are those of TriMet. TriMet reserves the right to require that the linking website include notice stating that it is an unofficial website and is not endorsed by, sponsored by, or affiliated with TriMet and that any views expressed on the website are not those of TriMet; and
- When selected by a user, the link must display the TriMet website in full screen, not within a frame on the linking website.
We reserve the right in our sole discretion to (i) suspend or terminate your account, (ii) delete any or all of your user content, (iii) restrict your use of all or any part of the Services, and (iv) modify or discontinue any part of the Services, for any or no reason, without notice, and without liability to you or anyone else. We also reserve the right to block users from accessing the Services by using any technology available, such as blocking certain IP addresses or device numbers.
Your Representations and Warranties
You represent and warrant that: (i) you are 13 years of age or older; (ii) you have provided accurate and current information about yourself; (iii) you are eligible to use the Services and have the right and power to enter into these Terms of Service; (iv) you will comply with all federal, state, and local laws; (v) you will not use the Services, directly or indirectly, for any fraudulent undertaking or in any manner that interferes with the operation of the Services; and (vi) you will comply with these Terms of Service.
Although TriMet strives to provide Materials that are both useful and accurate, the nature of the data and other information available through the Services is subject to frequent change. Accordingly, the Materials may not always be up-to-date, accurate, or complete. The Services and Materials are provided “as is,” “as available,” and without warranties of any kind. You use the Services and Materials at your own sole risk. To the fullest extent permitted by law, we disclaim all warranties of any kind, whether express, implied, or statutory, including, without limitation, implied warranties of title, quality, performance, merchantability, fitness for a particular purpose, accuracy, and non-infringement, as well as warranties implied from a course of dealing or course of performance. TriMet does not warrant that the Services will be continuous, prompt, secure, or error-free. TriMet assumes no liability for any errors or omissions, including the inaccuracy of content, or for any damages or losses that you or any third party may incur as a result of the unavailability of the Services. TriMet assumes no responsibility, and shall not be liable for, any damages to your equipment, devices, or other property arising from your use of the Services.
Limitation of Liability; Limitation of Damages
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, TRIMET AND ITS OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, SERVICES PROVIDERS, AND LICENSORS SHALL NOT BE LIABLE TO YOU OR ANYONE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR EXEMPLARY DAMAGES, INCLUDING, BUT NOT LIMITED TO, DAMAGES FOR LOST PROFITS, GOODWILL, USE, DATA, OR OTHER INTANGIBLE LOSSES (REGARDLESS OF WHETHER WE HAVE BEEN INFORMED OF THE POSSIBILITY OF SUCH DAMAGES), HOWEVER CAUSED, WHETHER BASED ON OR UPON CONTRACT, NEGLIGENCE, STRICT LIABILITY IN TORT, WARRANTY, OR ANY OTHER LEGAL THEORY, ARISING OUT OF OR RELATED TO (i) THE USE OR THE INABILITY TO USE THE SERVICES OR ANY ERRORS, OMISSIONS, OR INACCURACIES IN ANY MATERIALS AVAILABLE THROUGH THE SERVICES; (ii) THE CONDUCT OF OTHER USERS OR THIRD PARTIES; (iii) THE PERFORMANCE OF THE PRODUCTS AND SERVICES PURCHASED THROUGH THE SERVICES; (iv) UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR DATA, CONTENT, OR PERSONAL INFORMATION; (v) ANY BUGS VIRUSES, TROJAN HORSES, OR THE LIKE THAT MAY BE TRANSMITTED TO OR THROUGH THE SERVICES; (vi) OR ANY OTHER MATTER RELATING TO THE SERVICES OR ANY PRODUCTS OR SERVICES MADE AVAILABLE THROUGH THE SERVICES.
IN NO EVENT SHALL TRIMET’S TOTAL LIABILITY TO YOU IN CONNECTION WITH THE SERVICES FOR ALL DAMAGES, LOSSES, AND CAUSES OF ACTION EXCEED $500. Applicable law may not allow certain limitations or exclusions of liability, so some of the above limitations may not apply to you.
You agree to defend, indemnify, and hold harmless TriMet and its officers, directors, employees, contractors, agents, licensors, suppliers, successors, and assigns from and against any claims, liabilities, damages, judgments, awards, losses, costs, expenses, or fees (including reasonable attorneys’ fees) arising out of or relating to your violation of these Terms of Service or your use of the Services, including, without limitation, your user content or any use of the Materials other than as expressly authorized in these Terms of Service.
By using the Services, you agree to receive certain electronic communications from us, whether through the Services or by email. You may unsubscribe from certain communications at any time by clicking the appropriate link in the communication. You agree that any notice, agreement, disclosure, or other communication that we send you electronically will satisfy any legal communication requirements, including that such communications be in writing. All calls, emails, and other communications between you and TriMet may be recorded and stored. All such communications from you shall be treated as user content hereunder.
By creating an account or signing up for service updates, you agree that we or persons acting for us may send you informational text (SMS) messages as part of your use of the Services. You may opt out of receiving text (SMS) messages from TriMet at any time by replying STOP to the text or by emailing TriMet at email@example.com indicating that you no longer wish to receive such messages, along with the phone number of the mobile device receiving the messages. You acknowledge that opting out of receiving text (SMS) messages may impact your use of the Services.
Use of the TriMet District Transit System is subject to the TriMet Code, TriMet Administrative Rules, and applicable law. TriMet reserves the right, without refund of any amount paid, to prosecute and to impose any penalties allowed by the TriMet Code or law, including, but not limited to, exclusion and citation, upon any person whose conduct violates the TriMet Code or applicable law while on the District Transit System. You agree to fully cooperate with TriMet Inspectors and peace officers upon demand to exhibit proof of fare payment in accordance with TriMet Code Chapter 29 – Proof of Fare Payment. For more information about the TriMet Code and Administrative Rules, see https://trimet.org/guide/rules.htm.
The terms that by their nature may survive termination shall remain in effect and survive the termination of these Terms of Service, including, without limitation, User Content, Intellectual Property, Indemnity, Warranty Disclaimer, Limitation of Liability; Limitation of Damages, and Other Provisions.
These Terms of Service are personal to you, the user. You may not assign these Terms of Service or any rights and licenses in these Terms of Service to another party. These Terms of Service may be assigned by TriMet without restriction.
These Terms of Service will be governed by the laws of the state of Oregon, without giving effect to its conflict of laws provisions. You agree to submit to the personal and exclusive jurisdiction of the state and federal courts located in Multnomah County, Oregon, and agree you will not object to such jurisdiction or venue on the grounds of lack of personal jurisdiction, forum non conveniens, or otherwise. To the extent it may be applicable, you agree to opt out from and expressly exclude any applicability of the Uniform Computer Information Transactions Act.
Limitations on Claims
Any cause of action or claim you may have with respect to the Services (including, without limitation, the purchase of products and services through the Services) must be commenced within one year after the claim or cause of action arises, or such claim or cause of action is barred.
Our failure to exercise or enforce any right or provision of the Terms of Service will not constitute a waiver of that or any other right or provision.
If any provision in these Terms of Service is determined by a court to be invalid or unenforceable, the remaining provisions of these Terms of Service shall continue to be valid and enforceable.
These Terms of Service and the Privacy Statement constitute the entire agreement between you and us and govern your use of the Services. These Terms of Service supersede any prior agreements, communications, representations, or understandings between you and us, including, without limitation, any prior versions of these Terms of Service.
II. Specific Service Terms
While the General Terms above apply to all of TriMet’s electronic Services, these Specific Service Terms apply to the Services identified below.
Hop Fastpass™ Electronic Fare System
The Hop Fastpass electronic fare system allows you to pay your fare for use of TriMet, C-TRAN, and Streetcar by tapping your phone, contactless bankcard, or Hop Fastpass card on the readers. These terms apply to your use of the Hop Fastpass card and mobile app.
If you purchase your Hop Fastpass card at a retail location, no registration is required to redeem the fare or check the balance of the card. However, in order to access and use certain functions of the Hop Fastpass mobile app, you will need to register an account. You may also register an account through the Hop Fastpass website at http://myhopcard.com/. Registration is required if you wish to (i) reload value on your card online or through the mobile app, (ii) protect your card’s balance against loss or theft, or (iii) manage your account.
If you choose to register your Hop Fastpass card (including cards provided to you by your employer, an educational institution, or other entity), the card’s serial number will be linked to your account. No more than 20 cards may be linked to a single account.
You may purchase Hop Fastpass™ reloadable cards—and add value to the cards—at supermarkets, convenience stores, pharmacies, and other retailers. You select the amount of value to load, which must be an amount between $5.00 and $250.00. After initial purchase, registered users may load additional value (i) via the Hop Fastpass website or app or (ii) by calling 1-844-MYHOPCARD. Anyone may load additional value by visiting TriMet’s ticket office.
Hop Fastpass cards are not, and do not represent, “accounts” or “deposits” and Hop Fastpass cards are not “money.” They simply represent a prepaid transportation fare. You may not redeem Hop Fastpass cards for money or any product or service other than the applicable services. Hop Fastpass value never expires, but after three years of inactivity (or eight years of inactivity, with respect to Hop Fastpass cards registered to Washington residents), your balance will be removed. You must contact TriMet to reinstate your balance after your balance is removed. Sales of Hop Fastpass cards are final and non-refundable.
Hop Fastpass cards are not transferable.
You may choose to enable automatic reloading of value to your Hop Fastpass card by logging into your account and using the mobile app or website tools, by specifying the value to add when the account balance drops below a defined threshold. If you enable automatic reloading, you authorize TriMet to automatically charge your payment card the amount that you have selected on the schedule you have selected. You may opt out of automatic reloading by changing your account preferences.
Redeeming Electronic Fares
You can find card readers on board (for buses, including C-TRAN, and Streetcar) and at stations (for WES and MAX). To redeem a fare, you may tap either your Hop Fastpass™ card or your contactless bankcard, including bank cards loaded in mobile wallets such Apple Pay and Android Pay, on a card reader.
Lost, Stolen and Damaged Cards
TriMet expects you to take reasonable precautions to protect against lost, stolen, or damaged cards. However, we recognize that accidents happen. If you have registered your Hop Fastpass™ card, you can report your card lost, stolen, or damaged and then TriMet can transfer your balance from the lost card to a new card you acquire. Unregistered Hop Fastpass cards do not offer the balance protection that registered Hop Fastpass cards do.
You are solely responsible at all times for proper redemption of fares and maintaining proof of fare payment in accordance with the rules of the applicable 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.
Use of C-TRAN and Streetcar
Mobile Ticketing App
The Mobile Ticketing app, powered by moovel, N.A., allows you to purchase and display fares with your mobile device. You must register a funding source (e.g., payment card) to use the Mobile Ticketing app.
Use of the Mobile Ticketing App
If you have any questions regarding the use of the Mobile Ticketing app, please refer to https://trimet.org/app.
TriMet accepts the following methods of payment for ticket purchases: MasterCard, Visa, American Express, and Discover. All ticket prices are stated in U.S. dollars. If you wish to purchase a mobile ticket (each such purchase, a “Transaction”), you will be asked to supply certain information applicable to your Transaction, including, without limitation, payment card number and other information. TriMet’s use of your personal information is subject to TriMet’s Privacy Statement. You agree to pay all charges incurred by you or any users of your account and payment card (or other applicable payment mechanism) at the price(s) in effect when such charges are incurred. You will also be responsible for paying any applicable taxes relating to your purchases. The sale or purchase of tickets may be regulated by certain state, county, and city laws or regulations. You acknowledge that complying with laws is your responsibility. You represent and warrant that all information you provide, including, but not limited to, all information concerning your name, address, payment card number, and other identifying information of any nature, will be true, complete, and correct, and that you will update all information as it changes. Verification of information may be required prior to the acknowledgment or completion of any Transaction.
If you do not receive (i) a message containing your ticket or (ii) a confirmation of your 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 TriMet’s customer service department whether or not your order has been placed. Only you may be aware of any problems that may occur during the purchase process. TriMet will not be responsible for losses (monetary or otherwise) if you fail to receive the fare and/or an order confirmation and such failure is not caused by the Services.
You are solely responsible at all times for the proper functioning of your mobile phone. 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 in accordance with TriMet Code Chapter 29 – Proof of Fare Payment, as many times as required for the duration of your use of the District 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.
No Cash Value
Mobile tickets are not redeemable for cash.
Sales of TriMet Gear
TriMet sells various products, such as hats, posters, and apparel, through its ecommerce partners Zazzle and CafePress. These are available at http://www.zazzle.com/ridetrimet/collections and http://www.cafepress.com/trimet.
Online Sales of Paper Tickets
These terms apply to TriMet’s online sales of paper tickets.
To cover a portion of TriMet’s postage and processing costs, a $2.50 handling/processing fee is added to all orders, except LIFT tickets and passes. We ship via U.S. Postal Service.
Please allow up to five business days for delivery.
The next month’s paper passes go on sale on the 11th of the current month and are available through the 10th of the next month. For example, February passes are available January 11-February 10.
So if you order a pass between the 1st and the 10th of the month, we will send you the current month’s pass. (The pass price is not prorated, so make sure it’s still a good value for you before you buy one.) If you order a pass after the 10th, we will send you the next month’s pass.
Sorry, fares are non-refundable.