CSKT Transportation VIA Scheduling Software
Section 1. Introduction
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
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:
- Are an authorized representative of that Entity;
- Have the authority to bind that Entity to these Terms; and
- 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.
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
Section 7. Code of Conduct for Using the Services
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:
- (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
Section 15. Governing Law, Forum, and Attorney’s Fees
Section 16. No Waiver of Sovereign Immunity
Section 17. Notice
Section 18. General
This policy is effective as of August 28, 2023.