Terms of Use
CSKT Transportation VIA Scheduling Software

 

Section 1.               Introduction

 

These Terms of Use govern access and use of applications, websites, content, products, and services (the “Services”) made available by CSKT Transportation (“we,” “us,” and “our”).  It applies to all users of the Services (“user(s),” “you,” and “your”).  PLEASE READ THESE TERMS OF USE CAREFULLY BEFORE ACCESSING OR USING THE SERVICES.

 

By accessing and using the Services, you agree to be bound by these Terms of Use, which establish a contractual relationship between you and CSKT Transportation.  You may choose to not agree to these Terms of Use, but if you do not agree, you may not access or use the Services.

 

CSKT Transportation may amend these Terms of Use from time to time.  Amendments will be effective when CSKT Transportation posts updated Terms of Use to this website.  CSKT Transportation will also email notice of such amendments to registered users, but your failure to receive such notices, or your failure to review such amendments and the updated Terms of Use, does not waive or otherwise alter your agreement with these terms when you access or use the Services.  Your continued access or use of the Services after our posting of updates constitutes your consent to be bound by the Terms of Use, as amended.

 

Our collection and use of personal information in connection with the Services and these Terms of Use is as provided in CSKT Transportation’s Privacy Policy.

 

Section 2.               The Services

 

The Services constitute a technology platform that enables users of CSKT Transportation to, among other things, request, schedule, and pay for rides provided through CSKT Transportation.  Unless otherwise agreed by CSKT Transportation in a separate written agreement with you, or unless you are using the Services on behalf of an Entity as identified in Section 3, the Services are made available solely for your personal, noncommercial use.

 

Section 3.               Section 3 – Eligibility to Use the Services
 

By using the Services, you represent that you are 18 years old or older.  You also hereby consent to the use of the Services by your minor dependents who access the Services through your account.  If any person, including a parent or guardian, is aware that a minor is using the Services without proper adult consent, then they should notify CSKT Transportation at CSKT Transportation at This email address is being protected from spambots. You need JavaScript enabled to view it., and CSKT Transportation will investigate and remove that minor from the Services.

 

If you are using the Services on behalf of a company, entity, organization, or an individual (collectively an “Entity“), then you represent and warrant that you:
 

  1. Are an authorized representative of that Entity;
  2. Have the authority to bind that Entity to these Terms; and
  3. Agree to be bound by these Terms on behalf of that Entity.

 

Section 4.               Minors and Others Needing Assistance; Safety

 

All children under age six and weighing less than 60 pounds are required by Montana law to use a child safety seat, a booster seat, or other safety restraint system.  The National Highway Traffic Safety Administration recommends keeping children in their car seats for as long as possible before moving them to the next type of car seat.  Many children are not tall enough to graduate from a booster seat to a lap and shoulder belt alone until they are at least 4’9” tall, which is about eight years or older.  An adult is responsible for providing such safety equipment and for securing it, and the child, any the CSKT Transportation vehicle.  CSKT Transportation is not responsible for the safety of the child safety seat or booster or for its proper securement, use, and removal.

 

Minors (under the age of 18 years old) may only travel with an adult who is responsible for the minor’s care and behavior.  Adults traveling with a minor(s) are responsible for the care, welfare, and behavior of the minor(s) at all times that CSKT Transportation is providing transit services to them.  This includes, but is not limited to:

 

  • All aspects of safety and control;
  • Securing, employing, and removing necessary and appropriate child seats;
  • Employing seat belts (whether active or passive restraint);
  • Remaining seated while vehicles are moving;
  • Not eating, drinking, spilling, or dropping trash in vehicles; and
  • Notifying the vehicle operator of problems or safety concerns.

 

Individuals who need assistance to safely utilize CSKT Transportation transit services—such as elders or people with disabilities—are responsible for providing their own assistance.  For example, an individual who needs a caretaker to safely utilize CSKT Transportation transit services must provide and travel with that caretaker, and the caretaker is responsible is responsible for providing the necessary and appropriate assistance.

 

If a vehicle operator notices or identifies a potential safety concern, he/she may, in his/her sole discretion, choose to temporarily stop vehicle and/or passenger operations until the concern is resolved or seek assistance from CSKT Transportation or law enforcement personnel in responding to the concern.  By acting in such a manner, the vehicle operator assumes no liability or responsibility for the care, welfare, or behavior of any individual, including minors, that are utilizing CSKT Transportation transit services.

Section 5.               Your Account and Log-In Credentials

 

To use the Services, you may need to log in by creating an account and thereafter providing a username and/or cellular phone number and password.  You are responsible for all activity that occurs under your access credentials (including, but not limited to, the behavior of any other people that travel in your party and/or use your account credentials).  Therefore, you should use reasonable and appropriate efforts to prevent unauthorized access or use of your credentials and use of the services and take appropriate precautions on any device you use to access the Services.  You may not share your account information/credentials, and you should not allow access to your account by any individual, except your minor child to whom you have given express permission.

 

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 Services.   You represent and warrant that the information you provide to CSKT Transportation upon use of the Services and at all other times will be true, accurate, current, and complete.

 

You agree that if your account’s security becomes compromised, you will use the Services’s “change password” function to re-secure your account.  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 CSKT Transportation by email at This email address is being protected from spambots. You need JavaScript enabled to view it..  You may be solely responsible for the losses, damages, or injuries incurred by CSKT Transportation and others due to any unauthorized use of your account.

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There is a risk that unauthorized third parties may engage in illegal activity, such as hacking into CSKT Transportation security systems or CSKT Transportation contracted vendors’ security systems, or by intercepting transmissions of your information to or from the CSKT Transportation system (e.g., over the Internet, cellular services, etc.).  CSKT Transportation will take reasonable and appropriate steps to prevent data breaches, but CSKT Transportation is not responsible for any data obtained by third parties in an unauthorized manner.

 

Section 6.               License

 

Subject to your compliance with these Terms of Use, CSKT Transportation grants you a limited, non-exclusive, non-sublicensable, revocable, non-transferable license to: (i) access and use the Services on your electronic 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, the granted license is either: (i) solely for your personal, noncommercial use or (ii) if you are using the Services on behalf of an Entity as specified above in Section 3, solely for noncommercial use.  Any rights not expressly granted herein are reserved by CSKT Transportation and CSKT Transportation’s licensors.

 

Section 7.               Code of Conduct for Using the Services

 

All users of CSKT Transportation agree to abide by the Rider Code of Conduct, which is hereby incorporated into these Terms of Use. 

 

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

 

  • Restrict or inhibit any other users from using the Services, including, without limitation, by means of electronic intrusion, defacing, or subverting any portion of the Services;

 

  • Use the Services for any unlawful purpose;

 

  • Introduce malicious programs into the network or server (e.g., malware, viruses, worms, trojan horses, ransomware, etc.);

 

  • Modify, copy, change, adapt, sub-license, translate, sell, reverse engineer, decompile, or disassemble any portion of the Services or otherwise attempt to derive any source code or underlying ideas or algorithms of any part of the Services;

 

  • Remove any copyright, trademark, or other proprietary rights notices contained on the Services or “frame” or “mirror” any part of the Services;

 

  • Use any robot, spider, offline reader, site search/retrieval application, or other manual or automatic device or process to retrieve, index, data mine, or in any way reproduce or circumvent the navigational structure or presentation with the purpose or side effect of harm or misrepresentation of the Services or its contents; or

 

  • Take any action that imposes or may impose an unreasonable or disproportionately large load on our (or our third party providers’) infrastructure(s).

 

As a consequence for violating the code of conduct, CSKT Transportation reserves the right to block passengers from using the Services and taking appropriate responsive action to such violations.

 

Section 8.               Purchased Electronic Tickets [reserved]

 

Section 9.               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 CSKT Transportation at any time.  You acknowledge that opting out of receiving emails or text (SMS) messages may impact your use of the Services.

 

Section 10.           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, updating, or otherwise accessing compatible hardware or devices necessary to access and use the Services and any updates thereto.  CSKT Transportation 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.

 

Section 11.           Disclaimer of Warranty
 

Although CSKT Transportation strives to provide accurate, up-to-date, and complete information on its Services, the evolving nature of content means that some errors or omissions may occur.  The Program will fix such errors as soon as practicable after they are identified.  The Services are provided “as is,” “as available,” and without warranties of any kind.  You use the Services at your own risk.

 

To the fullest extent permitted by applicable law, CSKT Transportation disclaims all representations and warranties of any kind, whether express, implied, or statutory, and including, without limitation, implied warranties of merchantability, fitness for a particular purpose, title, quality, performance, accuracy, and non-infringement, as well as warranties implied from a course of dealing or course of performance.  In addition, CSKT Transportation makes no representation, warranty, or guarantee regarding the reliability, timeliness, quality, suitability, or availability of the Services.  CSKT Transportation does not represent, warrant, or guarantee that the Services will be continuous, uninterrupted, prompt, secure, or error-free.  CSKT Transportation 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 or their accuracy and completeness.  CSKT Transportation 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.

 

Section 12.           Limitation of Liability and Damages
 

TO THE MAXIMUM EXTENT PERMITTED BY LAW, CSKT TRANSPORTATION AND CSKT—AND THEIR RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, SERVICE PROVIDES, AND LICENSORS—SHALL NOT BE LIABLE TO YOU OR ANYONE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, EXEMPLARY, PUNITIVE, OR CONSEQUENTIAL DAMAGES, INCLUDING, BUT NOT LIMITED TO, DAMAGES FOR LOST PROFITS, LOST DATA, GOODWILL, USE, PERSONAL INJURY, PROPERTY DAMAGE, OR INTANGIBLE LOSSES, HOWEVER CAUSED, WHETHER BASED ON OR UPON CONTRACT, NEGLIGENCE, STRICT LIABILITY IN TORT, WARRANTY, OR ANY OTHER LEGAL THEORY, EVEN IF CSKT TRANSPORTATION HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.  CSKT TRANSPORTATION AND THE ABOVE NAMED ENTITIES SHALL NOT BE LIABLE FOR ANY DAMAGES, LIABILITY, OR LOSSES ARISING OUT OF:

 

  • YOUR USE OF OR RELIANCE ON THE SERVICES;
  • YOUR INABILITY TO ACCESS OR USE THE SERVICES;
  • ANY ERRORS, MISTAKES, INACCURACIES, OR OMISSIONS IN ANY MATERIALS AVAILABLE THROUGH THE SERVICES;
  • THE CONDUCT OF OTHER USERS OR THIRD PARTIES;
  • ANY UNAUTHORIZED ACCESS TO, USE OF, OR ALTERATION OF YOUR DATA, CONTENT, OR PERSONAL INFORMATION;
  • ANY BUGS VIRUSES, TROJAN HORSES, OR THE LIKE THAT MAY BE TRANSMITTED TO OR THROUGH THE SERVICES; OR
  • ANY OTHER MATTER RELATING TO THE SERVICES OR ANY PRODUCTS OR SERVICES MADE AVAILABLE THROUGH THE SERVICES.

 

CSKT TRANSPORTATION AND THE ABOVE NAMED ENTITIES SHALL NOT BE LIABLE FOR DELAY OR FAILURE IN PERFORMANCE RESULTING FROM CAUSES BEYOND CSKT TRANSPORTATION’S REASONABLE CONTROL.  IN NO EVENT SHALL CSKT TRANSPORTATION’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 13.           Indemnity
 

You agree to defend, indemnify, and hold harmless CSKT and CSKT Transportation—and their respective officers, directors, employees, licensors, suppliers, successors, assigns, and agents—from and against any and all claims, demands, losses, liabilities, damages, judgments, awards, costs, expenses, or fees (including attorneys’ fees), arising out of or in connection with:

 

  • (i) your use of the Services, including, without limitation, your user content or any use of any materials provided by the Services other than as expressly authorized under these Terms of Use;
  • (ii) your breach or violation of any of these Terms of Use; or
  • (iii) your violation of the rights of any third party, all without, however, waiving any sovereign immunity available to CSKT and CSKT Transportation under federal and any other applicable law.

 

Section 14.           Termination
 

These Terms of Use shall remain effective until terminated in accordance with its terms.  We reserve the right to immediately terminate these Terms of Use, 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 Use, your right to use the Services shall immediately cease.  You understand and agree that upon termination by any party, CSKT Transportation will immediately deactivate and/or delete your password and username, all related information and files associated with it, and/or bar you from further access to such information or files.

 

Section 15.           Governing Law, Forum, and Attorney’s Fees
 

These Terms of Use and the rights and obligations of the parties under these Terms of Use will be governed by, and construed and interpreted in accordance with, the laws of the Confederated Salish and Kootenai Tribes.  The parties hereby irrevocably consent to the jurisdiction of the courts of the Confederated Salish and Kootenai Tribes with respect to all disputes arising out of these Terms of Use.  The parties agree that the losing party shall pay the prevailing party its reasonable attorney’s fees and court costs as may be set by the Court.

 

Section 16.           No Waiver of Sovereign Immunity

 

Nothing in these Terms of Use shall be interpreted as waiving the sovereign immunity of the Confederated Salish and Kootenai Tribes.

 

Section 17.           Notice
 

CSKT Transportation may provide you with any notices, including notice of updates to these Terms of Use as specified in Section 1, by means of a general notice on the Services, electronic mail to the 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 CSKT Transportation, with such notice deemed given when received by CSKT Transportation, at any time by email at This email address is being protected from spambots. You need JavaScript enabled to view it. or by first class mail or pre-paid post to CSKT Transportation, PO Box 278, Pablo, MT 59855.

 

Section 18.           General

                         

You may not assign these Terms of Use without prior written approval from CSKT Transportation.  Any purported assignment in violation of this section shall be void.  No joint venture, partnership, employment, or agency relationship exists between you and CSKT Transportation as a result of this agreement or use of the Services.  If any provision of these Terms of Use 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 failure of CSKT Transportation to enforce any right or provision in these Terms of Use shall not constitute a waiver of such right or provision unless acknowledged and agreed to by CSKT Transportation in writing.
 

 

Effective Date

This policy is effective as of August 28, 2023.

 

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