Last Updated: June 26, 2018
PLEASE READ CAREFULLY
These Terms of Service (“Terms of Service”) form a legal agreement between you and Dallas Area Rapid Transit (“DART” or “we,” “us,” or “our”). These Terms of Service govern your use of all electronic DART 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 DART to provide information relating to DART services, programs, objectives, missions, and projects to the public and its customers.
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. DART 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 DART or its licensors. The Materials are protected by copyright, trademark, and other intellectual property laws.
DART®, GoPass®, GoPass® Tap, Where’s My Bus? ™, Where’s My Train? ™, and other trademarks, service marks, and logos that we use are trademarks of DART. 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 DART.
DART grants you a personal, United States, royalty-free, non-assignable, and non-exclusive license to use the Materials provided to you by DART as part of the Services. When a Service requires or includes downloadable software (such as apps), DART 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.
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”). All decisions as to the placement of links to external sites or pages from the Services will be made by DART in its sole discretion. DART 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 DART 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 DART (including through our “Contact Us” pages and social media channels), such as your biography, comments, suggestions, pictures, videos, and other content, you grant to DART 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
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 (214) 979-1111.
Links to Our Website
DART 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 DART’s name and trademarks or be displayed in any manner that is likely to cause confusion among the public or disparage or discredit DART;
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 DART or that views expressed on the website are those of DART. DART 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 DART and that any views expressed on the website are not those of DART; and
When selected by a user, the link must display the DART 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 14 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 DART 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. DART does not warrant that the Services will be continuous, prompt, secure, or error-free. DART 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. DART 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, DART 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 DART’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 DART 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 DART 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 DART at any time by replying STOP to the text or by emailing DART at gopass@DART.org 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.
DART Code of Conduct
Use of the Dallas Area Rapid Transit System is subject to the DART Code of Conduct, DART Regulations for Management of the Authority, and applicable law. DART reserves the right, without refund of any amount paid, to prosecute and to impose any penalties allowed by the DART Code of Conduct or law, including, but not limited to, exclusion and citation, upon any person whose conduct violates the DART Code of Conduct or applicable law while on the DART system. You agree to fully cooperate with DART Fare Inspectors and peace officers upon demand to exhibit proof of fare payment in accordance with the DART Code of Conduct. For more information about the DART Code and Administrative Rules, see http://www.dart.org/riding/codeofconduct.asp.
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 DART without restriction.
These Terms of Service will be governed by the laws of the state of Texas, 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 Dallas County, Texas, 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.
II. Specific Service Terms
While the General Terms above apply to all of DART’s electronic Services, these Specific Service Terms apply to the Services identified below.
GoPass Tap™ Electronic Fare System
The GoPass Tap electronic fare system allows you to pay your fare for use of DART Bus and Rail services and TRE Local Services, by tapping your GoPass Tap card on the readers. These terms apply to your use of the GoPass Tap card and the GoPass mobile app.
Types of GoPass Tap Cards
GoPass Tap cards are available for use throughout DART’s fixed route system and are subject to the Terms of Service herein.
Reduced eligibility is available to certain individuals that qualify for reduced fares under the Federal Transit Administration Regulations. Please refer to http://www.dart.org/fares/fares.asp for more information. Qualifying individuals must renew their eligibility for Reduced-Fare GoPass Tap cards. Reduced-Fare GoPass Tap cards are valid for us only by the individual to whom the card is issued. DART will confiscate and may suspend improperly used Reduced-Fare GoPass Tap cards.
If you purchase your GoPass Tap card at a retail location, no registration is required to redeem the fare or check the balance of the card. However, to access and use certain functions of the GoPass Tap card, you will need to register an account. You may also register an account through the GoPass website at http://www.gopass.org/. 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 GoPass Tap 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.
You may purchase GoPass Tap 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 $6.00 and $200.00. After initial purchase, registered users may load additional value (i) via GoPass Tap retail locations and (ii) the GoPass website.
GoPass Tap cards are not, and do not represent, “accounts” or “deposits” and GoPass Tap cards are not “money.” They simply represent a prepaid transportation fare. You may not redeem GoPass Tap cards for money or any product or service other than the applicable services. GoPass Tap value never expires and sales of GoPass Tap cards are final and non-refundable. GoPass Tap cards are not transferable.
You may choose to enable automatic reloading of value to your GoPass Tap card by logging into your account and using the website tools, by specifying the value to add when the account balance drops below a defined threshold. If you enable automatic reloading, you authorize DART 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 DART buses and at all DART station platforms. To redeem a fare, you may tap either your GoPass Tap™ card on a card reader. If your GoPass Tap card is valid for payment, the car reader will display a green light. If your GoPass Tap card has insufficient funds for your trip or there is another problem with your card, the card reader will display a red light. If for any reason the GoPass Tap card is not accepted as fare payment, the user will be required to pay the fare in cash or use an alternative means of payment.
Minimum Amount to Ride
You must have adequate funds available on your GoPass Tap card to pay for your trip.
GoPass Tap Card Users
Each person travelling on DART’s system must have his or her own GoPass Tap card. Reduced-Fare GoPass Tap cards are not transferrable and can only be used by the person to whom the card was issued.
Lost, Stolen and Damaged Cards
DART 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 GoPass Tap™ card, you can report your card lost, stolen, or damaged and then DART can transfer your balance from the lost card to a new card you acquire. Unregistered GoPass Tap cards do not offer the balance protection that registered GoPass Tap 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.
We reserve the right to correct the balance on your GoPass Tap card if we believe that a technical or accounting error has occurred. For disputes relating to your GoPass Tap card, please contact DART Customer Service at (214) 979-1111.
Sorry, fares are non-refundable.