Section 1 - Introduction

These Terms of Service (“Terms of Service”) govern the access or use by you of applications, websites, content, products, and services (the “Services”) made available by Morrisville Smart Shuttle, operated by the Town of Morrisville (“Town”, “we”, or “us”).  PLEASE READ THESE TERMS OF SERVICE CAREFULLY BEFORE ACCESSING OR USING THE SERVICES.

Your access and use of the Services constitute your agreement to be bound by these Terms of Service, which establish a contractual relationship between you and the Town of Morrisville. If you do not agree to these Terms of Service, you may not access or use the Services. The Town may amend these Terms of Service from time to time. Amendments will be effective upon the Town’s posting of such updated Terms of Service at this location. Your continued access or use of the Services after such posting constitutes your consent to be bound by the Terms of Service, as amended.

Our collection and use of personal information in connection with the Services is as provided in the Morrisville Smart Shuttle’s Privacy Policy located at https://www.townofmorrisville.org/government/departments-services/planning/morrisville-smart-shuttle/terms. You understand and acknowledge that any information you submit to Morrisville Smart Shuttle is subject to public inspection and copying under the North Carolina Public Records Law, unless exempt by law.

Section 2 - The Services

The Services constitute a technology platform that enables users of the Morrisville Smart Shuttle mobile app (the “App”) to, among other things, request, schedule, and pay for rides provided through the Morrisville Smart Shuttle program. Unless otherwise agreed to by the Town of Morrisville in a separate written agreement with you, the Services are made available solely for your personal, noncommercial use.

Section 3 - Eligibility to Use the Service

By using the Morrisville Smart Shuttle app, you represent that you are at least 18 years old, or that you are 18 years old and you have given us your consent to allow any of your minor dependents to use this site. If you are a parent or guardian of a minor who has registered for or used the Service without your consent, please contact us at smartshuttle@townofmorrisville.org.

Agent of a Company, Entity, or Organization. If you are using the Service on behalf of a company, entity, or organization (collectively “Organization“), then you represent and warrant that you:

Section 4 - Your Account and Login Credentials

To use the Service, you may need to log in by providing a username, password, and cellular phone number. Your account is personal to you, and you may not share your account information with, or allow access to your account by, any third party. As you will be responsible for all activity that occurs under your access credentials (including, without limitation, the behavior of any other people that travel in your party), you agree to use reasonable efforts to prevent unauthorized access to or use of the Service and to preserve the confidentiality of your username and password, and any device that you use to access the Service.

You are responsible for your login credentials and for keeping your information accurate. You are responsible for any activity resulting from the use of your login credentials on the Service. You represent and warrant that the information you provide to Morrisville Smart Shuttle upon use of the Service and at all other times will be true, accurate, current, and complete.

You agree to notify us immediately of any breach in secrecy of your login 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 agree to immediately notify the Town of Morrisville by email at smartshuttle@townofmorrisville.org.  You will be solely responsible for the losses incurred due to any unauthorized use of your account.

There is a risk that unauthorized third parties may engage in illegal activity, such as hacking into Morrisville Smart Shuttle or the Town of Morrisville’s contracted vendors’ security system, or by intercepting transmissions of personal information over the Internet. The Town of Morrisville is not responsible for any data obtained by third parties in an unauthorized manner.  The Town of Morrisville is not responsible for any resulting damage to any user’s device or computer from any such security breach, or from any virus, bugs, tampering, unauthorized intervention, fraud, error, omission, interruption, deletion, defect, delay in operation or transmission, computer line failure or any other technical or other malfunction.

Section 5 - License

Subject to your compliance with these Terms of Service, the Town of Morrisville grants you a limited, non-exclusive, non-sublicensable, revocable, non-transferable license to: (i) access and use the App on your personal mobile device solely in connection with your use of the Services; and (ii) access and use any content, information, and related materials that may be made available through the Services, in each case solely for your personal, noncommercial use. Any rights not expressly granted herein are reserved by the Town of Morrisville’s licensors.

Although the Town of Morrisville 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.

Section 6 - Code of Conduct

In connection with your use of the Services, you agree that you will not:

As a consequence for violating the code of conduct, the Town of Morrisville reserves the right to block passengers from using the service via the app.

Section 7 - Consent to Receive Emails and Text Messages

By creating an Account, you agree that the Services may send you informational emails and text (SMS) messages as part of the normal business operation of your use of the Services. You may opt-out of receiving emails and text (SMS) messages from Morrisville Smart Shuttle at any time. You acknowledge that opting out of receiving emails or text (SMS) messages may impact your use of the Services.

Section 8 - Network Access and Devices

You are responsible for obtaining the data network access necessary to use the Services. Your mobile network’s data and messaging rates and fees may apply if you access or use the Services from a wireless-enabled device. You are responsible for acquiring and updating compatible hardware or devices necessary to access and use the Services and the Application and any updates thereto. The Town of Morrisville does not guarantee that the Services, or any portion thereof, will function on any particular hardware or devices. In addition, the Services may be subject to malfunctions and delays inherent in the use of the Internet and electronic communications.  You acknowledge and agree that the Town of Morrisville will have no obligation to provide you with any support or maintenance in connection with the Services.

Section 9 - Third-Party Websites and Services 

The Services may contain links to third-party websites and services.  Such third-party websites and services are not under the control of the Town of Morrisville, and the Town of Morrisville is not responsible for them.  The Town of Morrisville provides access to these third-party websites and services only as a convenience to you, and does not review, approve, monitor, endorse, warrant, or make any representations with respect to such third-party websites and services.  You use all third-party websites and services at your own risk, and should apply a suitable level of caution and discretion in doing so. When you click on any of the third-party websites and services, the applicable third party’s terms and policies apply, including the third party’s privacy and data gathering practices.  You should make whatever investigation you feel necessary or appropriate before proceeding with any transaction in connection with such third-party websites and services.

Section 10 - Disclaimer

THE SERVICES ARE PROVIDED “AS IS” AND “AS AVAILABLE.” THE TOWN OF MORRISVILLE DISCLAIMS ALL REPRESENTATIONS AND WARRANTIES, EXPRESS, IMPLIED, OR STATUTORY, NOT EXPRESSLY SET OUT IN THESE TERMS OF SERVICE, INCLUDING THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. IN ADDITION, THE TOWN OF MORRISVILLE MAKES NO REPRESENTATION, WARRANTY, OR GUARANTEE REGARDING THE RELIABILITY, TIMELINESS, QUALITY, SUITABILITY, OR AVAILABILITY OF THE SERVICES OR ANY SERVICES REQUESTED THROUGH THE USE OF THE SERVICES, OR THAT THE SERVICES WILL BE UNINTERRUPTED, ERROR-FREE, OR ENTIRELY SECURE. YOU AGREE THAT THE ENTIRE RISK ARISING OUT OF YOUR USE OF THE SERVICES, AND ANY SERVICE REQUESTED IN CONNECTION THEREWITH, REMAINS SOLELY WITH YOU, TO THE MAXIMUM EXTENT PERMITTED UNDER APPLICABLE LAW. 

Section 11 - Limitation of Liability

THE TOWN OF MORRISVILLE SHALL NOT BE LIABLE FOR INDIRECT, INCIDENTAL, SPECIAL, EXEMPLARY, PUNITIVE, OR CONSEQUENTIAL DAMAGES, INCLUDING LOST PROFITS, LOST DATA, PERSONAL INJURY, OR PROPERTY DAMAGE RELATED TO, IN CONNECTION WITH, OR OTHERWISE RESULTING FROM ANY USE OF THE SERVICES, EVEN IF THE TOWN OF MORRISVILLE HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THE TOWN OF MORRISVILLE SHALL NOT BE LIABLE FOR ANY DAMAGES, LIABILITY OR LOSSES ARISING OUT OF (1) YOUR USE OF OR RELIANCE ON THE SERVICES; (2) YOUR INABILITY TO ACCESS OR USE THE SERVICES; (3) ANY UNAUTHORIZED ACCESS TO OR USE OF ANY AND ALL PERSONAL INFORMATION AND/OR FINANCIAL INFORMATION STORED ON OUR OR OUR AGENTS’ SERVERS; OR (4) ANY ERRORS, MISTAKES, INACCURACIES OR OMISSIONS IN ANY MATERIALS, OR FOR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF THE USE OF ANY MATERIALS POSTED, EMAILED, TRANSMITTED OR OTHERWISE MADE AVAILABLE VIA THE SERVICES, EVEN IF THE TOWN OF MORRISVILLE HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THE TOWN OF MORRISVILLE SHALL NOT BE LIABLE FOR DELAY OR FAILURE IN PERFORMANCE RESULTING FROM CAUSES BEYOND THE TOWN OF MORRISVILLE’S REASONABLE CONTROL. IN NO EVENT SHALL THE TOWN OF MORRISVILLE’S TOTAL LIABILITY TO YOU IN CONNECTION WITH THE SERVICES FOR ALL DAMAGES, LOSSES, AND CAUSES OF ACTION EXCEED FIVE HUNDRED U.S. DOLLARS (US $500).

Section 12 - Indemnity

You agree to indemnify and hold the Town of Morrisville and its officers, council members, employees, and agents harmless from any and all claims, demands, losses, liabilities, and expenses (including attorneys’ fees), arising out of or in connection with: (i) your use of the Services or services obtained through your use of the Services; (ii) your breach or violation of any of these Terms of Service; or (iii) your violation of the rights of any third party, all without, however, waiving any governmental immunity available to the Town of Morrisville under North Carolina law.

Section 13 - Termination

These Terms of Service shall remain effective until terminated in accordance with its terms. We reserve the right to immediately terminate these Terms of Service, and/or your access to and use of the Services or any portion thereof, at any time and for any reason, with or without cause. Additionally, we reserve the right, in our sole discretion, to modify, suspend or discontinue any part of the Services at any time, with or without notice to you. Upon termination of these Terms of Service, your right to use the Services shall immediately cease. You agree that the Town of Morrisville may immediately deactivate or delete your password and username, and all related information and files associated with it, and/or bar any further access to such information or files.

Section 14 - Choice of Law

These Terms of Service and the rights and obligations of the parties under these Terms of Service will be governed by, and construed and interpreted in accordance with, the laws of the State of North Carolina, excluding its rules of conflicts of law. You agree that any suit, action, or other proceeding arising out of or related to these Terms of Service or the Services shall be filed, and that venue properly lies, only in the state or federal courts in Wake County, North Carolina, and the parties hereby irrevocably consent to the exclusive jurisdiction of the state or federal courts in Wake County, North Carolina with respect to all such disputes.

Section 15 - Notice

The Town of Morrisville may give notice by means of a general notice on the Services, electronic mail to your email address in your Account, or by written communication sent by first class mail or pre-paid post to the address in your Account, if you provided one. Such notice shall be deemed to have been given upon the expiration of 48 hours after mailing or posting (if sent by first class mail or pre-paid post) or 12 hours after sending (if sent by email). You may give notice to the Town of Morrisville, with such notice deemed given when received by the Town of Morrisville, at any time by first class mail or pre-paid post to Town of Morrisville, ATTN: Smart Shuttle, 100 Town Hall Drive, NC, 27560, United States. 

Section 16 - General

You may not assign these Terms of Service without the Town of Morrisville’s prior written approval. Any purported assignment in violation of this section shall be void. No joint venture, partnership, employment, or agency relationship exists between you and the Town of Morrisville as a result of this agreement or use of the Services. If any provision of these Terms of Service is held to be invalid or unenforceable, such provision shall be struck and the remaining provisions shall be enforced to the fullest extent under law. The Town of Morrisville’s failure to enforce any right or provision in these Terms of Service shall not constitute a waiver of such right or provision unless acknowledged and agreed to by the Town of Morrisville in writing. 

This policy is effective as of August 19, 2021.

This privacy policy (“Privacy Policy”) discloses the practices of Morrisville Smart Shuttle, operated by the Town of Morrisville (“Town”, “we”, or “us”), concerning information we obtain by and through your use of the Morrisville Smart Shuttle website (http://www.townofmorrisville.org/smartshuttle) and Morrisville Smart Shuttle mobile app (the “App”), and through other interactions and communications you have with us (collectively, the “Services”). This Privacy Policy applies to the Services and becomes effective as soon as you access or use the website or the App.

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SECTION 1 - The Morrisville Smart Shuttle App

The Town of Morrisville does not collect or store personal information from customers downloading, installing or using the App on Apple, Android, or Windows smartphone or mobile devices. However, personal information is collected when customers use the App to register for a Morrisville Smart Shuttle account.  Also, when you use the Services, we automatically receive information on your operating system, browser type, IP address, device type, and device version.  If you have enabled location services on your device, we may use such services to collect the geographic location of your device when you use the Services.    

SECTION 2 - WHAT DO WE DO WITH YOUR INFORMATION?

We use your information to provide the Services to you and to manage the operation, maintenance, and improvement of the App and the Services.  We may also use your information to send you newsletters, information, and other promotional materials related to the Services. 

SECTION 3 - CONSENT

How do you get my consent?

When you provide us with personal information to register for a Morrisville Smart Shuttle account or to complete a transaction, place an order, or arrange for the Services to be provided, we imply that you consent to our collecting it and using it to provide the Services to you.

If we ask for your personal information for a secondary reason, like marketing, we will either ask you directly for your expressed consent, or provide you with an opportunity to say no.

How do I withdraw my consent?

If you have registered for our Services, you may at any time review and/or update the account information we have for you or inform us that you want us to remove your information from our database.  You may opt out of receiving newsletters, information, and other promotional materials from us by declining to receive such communications at the time of account registration or at the time you otherwise provide the information to us. You may also opt-out of receiving such communications by contacting us at smartshuttle@townofmorrisville.org or mailing us at: Town of Morrisville, ATTN: Smart Shuttle, 100 Town Hall Drive, Morrisville, NC, 27560, United States.  If you opt out, we may still send you transactional messages, such as messages about your account or the Services provided to you. 

SECTION 4 - DISCLOSURE

We do not share your information with third parties other than as described in this policy or in connection with the Services, including to third party vendors, consultants and other service providers who may work on our behalf and need access to your information to carry out their work for us. We may disclose your personal information if we believe it is necessary or appropriate to (i) comply with applicable law or legal process or to respond to lawful requests or legal authorities; or (ii)  protect the rights and property of the Town of Morrisville and our employees, agents, users and other third parties, including to enforce our agreements, policies and Terms of Service and to protect against fraudulent, abusive, inappropriate, or unlawful use of our Services.

SECTION 5 - THIRD-PARTY SERVICES

In general, the third-party providers used by us will only collect, use and disclose your information to the extent necessary to allow them to perform the services they provide to us.  However, certain third-party service providers may have their own privacy policies in respect to the information we are required to provide to them for your transactions.  For these providers, we recommend that you read their privacy policies so you can understand the manner in which your personal information will be handled by these providers.  In particular, remember that certain providers may be located in or have facilities that are located in a different jurisdiction than either you or us. So if you elect to proceed with a transaction that involves the services of a third-party service provider, then your information may become subject to the laws of the jurisdiction(s) in which that service provider or its facilities are located.  Once you leave our website or are redirected to a third-party website or application, you are no longer governed by this Privacy Policy or our Terms of Service.

Links

When you click on links on our website, they may direct you away from our site. We are not responsible for the privacy practices of other sites and encourage you to read their privacy statements.

SECTION 6 - Notifications & Beacons

Morrisville Smart Shuttle will send messages in the form of mobile notifications or promotional content though the App. The App may use location information to display notifications or promotional content. Also, messages may be activated by beacon devices in a public space, which communicate location, transit, or event information. To manage notifications for the Application, go to the notifications area in the settings for your device and select Morrisville Smart Shuttle.

SECTION 7 - Social Sharing Features

The website or App may integrate with social sharing features and other related tools which let you share actions you take using the Services with other applications, websites, or media, and vice versa. Your use of such features enables the sharing of information with your friends or the public, depending on the settings you establish with the social sharing service. Please refer to the privacy policies of those social sharing services for more information about how they handle the data you provide to or share through them.

SECTION 8 - SECURITY

To protect your personal information, we take reasonable precautions and follow industry best practices to make sure it is not inappropriately lost, misused, accessed, disclosed, altered or destroyed.  Although we make good faith efforts to protect your information, these efforts cannot guarantee that such information is completely secure and we cannot guarantee complete security.

SECTION 9 - GOOGLE

We use a tool called “Google Analytics” to collect information about use of this site. Google Analytics collects information such as how often users visit this site, what pages they visit when they do so, and what other sites they used prior to coming to this site. We use the information we get from Google Analytics only to improve this site. Google Analytics collects only the IP address assigned to you on the date you visit this site, rather than your name or other identifying information. We do not combine the information collected through the use of Google Analytics with personally identifiable information. Although Google Analytics plants a permanent cookie on your web browser to identify you as a unique user the next time you visit this site, the cookie cannot be used by anyone but Google. Google’s ability to use and share information collected by Google Analytics about your visits to this site is restricted by the Google Analytics Terms of Use and the Google Privacy Policy. You can prevent Google Analytics from recognizing you on return visits to this site by disabling cookies on your browser.

SECTION 10 - AGE OF CONSENT

By using the Services, you represent that you are at least 18 years old, or that you are 18 years old and you have given us your consent to allow any of your minor dependents to use the Services.  The Services are for a “general audience” and are not directed to individuals under the age of 13.  We do not knowingly collect personal information from individuals under the age of 13.  If we suspect that a user of the Services is under the age of 13, we will take steps to terminate accounts created by such user and to delete any personal information collected from such user.

SECTION 11 - CHANGES TO THIS PRIVACY POLICY

We reserve the right to modify this privacy policy at any time, so please review it frequently. Changes and clarifications will take effect immediately upon their posting on the website. If we make material changes to this policy, we will notify you here that it has been updated, so that you are aware of what information we collect, how we use it, and under what circumstances, if any, we use and/or disclose it.

QUESTIONS AND CONTACT INFORMATION

If you would like to: access, correct, amend or delete any personal information we have about you, register a complaint, or simply want more information contact us at smartshuttle@townofmorrisville.org or by mail at:

Town of Morrisville
ATTN: Smart Shuttle
100 Town Hall Drive
Morrisville, NC 27560
United States

This policy is effective as of August 19, 2021.