VENTRA MOBILE APPLICATION LICENSE AGREEMENT

 

By using this Ventra Mobile Application (this “Application”), you agree to be bound by this Ventra Mobile Application License Agreement (this “License Agreement”). This License Agreement is between you and Chicago Transit Authority (“CTA”) only, and only pertains to your use of the Application. The terms and conditions governing your use of Ventra and the fare policies of CTA, Pace and Metra can be found at www.ventrachicago.com, or their respective web sites (collectively, CTA, Pace and Metra shall be referred to as the “Transit Agencies”).

 

Application Use.

 

CTA grants you the right to use this Application only for your personal use on a mobile product that you own or control and as permitted by any terms of use required by the party providing the app store from which you have downloaded this Application. You may not modify, copy, publish, license, sell, or otherwise commercialize this Application or any information or software associated with this Application. You may not rent, lease or otherwise transfer rights to this Application. You may not use this Application in any manner that could impair any Transit Agencies’ sites in any way or interfere with any party’s use or enjoyment of any Transit Agencies’ sites, including any use of this Application that imposes or may impose an unreasonable or disproportionately large load on the Transit Agencies’ infrastructure. You must use the Application in compliance with all applicable laws.

 

You must comply with applicable third-party terms of agreement when using this Application (e.g. your wireless data service agreement). Your right to use this Application is subject to immediate termination if you violate any provision of this License Agreement, the Ventra User Agreement Terms and Conditions for Transit or any of the Transit Agencies’ rules, regulations, terms and conditions.

 

Registration.

 

Registration is optional for Application users; however, anonymous users may not add Transit Value into their Ventra Transit Account or purchase Transit Passes through the Application. Further, Metra tickets purchased by anonymous users may not be replaced in the event the resident phone is lost or replaced. A registered Ventra Account will allow a customer to use fully the services provided by the Application.  You can register an account through the Application, at www.ventrachicago.com, by calling 877.NOW.VENTRA (877.669.8368) or in person at the Ventra Customer Service Center, 567 W. Lake St., 2nd Floor, Chicago, IL 60661. 

 

Intellectual Property.

 

CTA and the other Transit Agencies own, or are licensees to, all right, title and interest in and to this Application, including all rights under patent, copyright, trade secret, trademark, or unfair competition law, and any and all other proprietary rights, including all applications, renewals, extensions and restorations thereof. Other company, product, or service names mentioned in this Application may be trademarks of their respective companies.

 

You will not modify, adapt, translate, prepare derivative works from, decompile, reverse-engineer, disassemble or otherwise attempt to derive source code from this Application and you will not remove, obscure or alter any copyright notice, trademarks or other proprietary rights notices affixed to, contained within or accessed in conjunction with or by this Application.

 

Disclaimer of Warranties.

 

THIS APPLICATION AND THE SERVICE(S) ACCESSED BY IT, AS WELL AS ANY LINKS TO THIRD-PARTY LINKED SITES (AS DEFINED BELOW) ARE PROVIDED “AS IS” AND “AS AVAILABLE”. CTA EXPRESSLY DISCLAIMS TO THE FULLEST EXTENT PERMITTED BY LAW ALL EXPRESS, IMPLIED AND STATUTORY WARRANTIES, INCLUDING WITHOUT LIMITATION THE WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT OF PROPRIETARY RIGHTS, AND ANY WARRANTIES REGARDING THE SECURITY, RELIABILITY, TIMELINESS AND PERFORMANCE OF THIS APPLICATION.

 

You download and use this Application at your own discretion and risk, and you are solely responsible for any damages to your hardware device(s) or loss of data that results from the download or use of this Application.

 

Limitation of Liability.

 

Except as otherwise stated in this License Agreement, neither the Transit Agencies nor their contractors and agents shall be liable to you for any harm resulting from any use or misuse of this Application. Such limitation of liability: (a) includes direct, indirect, incidental, consequential, special, exemplary and punitive damages, whether such claim is based on warranty, contract, tort or otherwise (even if the Transit Agencies (or any one of them) have been advised of the possibility of such damages); (b) applies whether damages arise from use or misuse of and reliance on this Application, from inability to use this Application, or from the interruption, suspension, or termination of this Application (including any damages incurred by third parties); and (c) applies notwithstanding a failure of the essential purpose of any limited remedy and to the fullest extent permitted by law.

 

Indemnification.

You will indemnify and hold harmless the Transit Agencies and their officers, board members, agents and employees, from any claim made by any third-party arising in connection with a violation of this License Agreement for which you are responsible. The Transit Agencies reserve the right, at their own expense, to assume the exclusive defense and control of any matter subject to indemnification by you, but doing so will not excuse your indemnity obligations.

 

Hyperlinking.

This Application may provide a link to other sites by allowing the user to leave this site to access third-party material or by bringing the third-party material into this site via "inverse" hyperlinks and framing technology (a "Linked Site"). The Transit Agencies have no discretion to alter, update, or control the content on a Linked Site. The fact that Transit Agencies have provided a link to a site is not an endorsement, authorization, sponsorship, or affiliation with respect to such site, its offerings, its owners, or its providers. There are inherent risks in relying upon, using or retrieving any information found on the internet, and the Transit Agencies urge you to make sure you understand these risks before relying upon, using, or retrieving any such information on a Linked Site.

 

User Agreement and Privacy Policy.

 

Through your use of the Application, Ventra may collect and store device sign-on data (including device ID) and geolocation data in order to provide this service. Personal information will also be requested if you seek to register or use a registered Ventra Account through this Application.

The terms of the Ventra User Agreement and Privacy Policy, including all agreements incorporated by reference, also apply to your use of this Application.  CTA reserves the right to make changes to this Application, this License Agreement, the Ventra User Agreement Terms and Conditions for Transit and Privacy Policy at any time.

 

Third-Party Beneficiary.

Your mobile OS, Metra, Pace and Cubic Transportation Systems, Inc. are each a third-party beneficiary of this License Agreement, and, upon your acceptance, such third-party beneficiary will have the right (and will be deemed to have accepted the right) to enforce this agreement against you.

 

 

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