Metropolitan Atlanta Rapid Transit Authority (MARTA) Website

This Website (the “Website,” or the “Site”) is provided to you by the Metropolitan Atlanta Rapid Transit Authority (“MARTA”, “we” or “us”). To assist you in using our Website, and to explain the relationship arising from your use of our Site and the programs and services we offer through it, we have created (i) these Terms and Conditions of Use (the “Terms”) and (ii) a Privacy Policy . Our Privacy Policy (“Policy”) explains how we treat information you provide to us through the Site. Our Terms govern your use of our Site. Both our Terms and Privacy Policy apply to visitors to our Site (“Site Visitors”) as well as anyone enrolling in the programs or services we offer through it. These Terms apply only to your use of this Website, and receipt of services, information, or other materials through the Site. These Terms do not apply to any other services, goods, or information you obtain from MARTA.

PLEASE READ THIS DOCUMENT CAREFULLY BEFORE YOU USE THE SITE. BY USING THE SITE, YOU AGREE TO BE BOUND BY THE TERMS AND CONDITIONS SET FORTH BELOW. THESE TERMS AND CONDITIONS CONTAIN LIABILITY LIMITATIONS. IF YOU DO NOT AGREE TO BE BOUND BY THESE TERMS AND CONDITIONS, PLEASE DO NOT USE OUR SITE. MARTA MAY PERIODICALLY CHANGE THESE TERMS AND CONDITIONS WITHOUT NOTICE, SO PLEASE CHECK THEM FROM TIME TO TIME AS YOUR CONTINUED USE OF THE SITE SIGNIFIES YOUR ACCEPTANCE OF THE TERMS AND CONDITIONS, INCLUDING CHANGED ITEMS.

Please read the Terms and Conditions carefully and keep a copy for your records. You may receive a copy of these Terms and Conditions by emailing us at: custserv@itsmarta.com, Subject: MARTA Website Terms and Conditions.

1. Your Agreement
These Terms govern your use of the Website. Please read these Terms carefully as they impose legal obligations on you and MARTA. By using the Website you consent to these Terms.

2. Grant of Rights
Based on your agreement to comply with these Terms, we grant you the right to access and use all areas of the Website in order to (i) learn more about MARTA as well as the programs and services that we offer, (ii) use and enroll in any of the programs or services in which you are eligible to participate, and (iii) print pages from our Website for purposes of using our transportation services and reaching your destinations (collectively “Permitted Purposes”). Apart from using the Site for the Permitted Purposes, you may not use, copy, modify, or distribute our Website (or pages from our Site).

3. MARTA Ownership; Reservation of Rights
All information, software, artwork, text, video, audio, pictures, images, banners, custom graphics, button icons, scripts, logos, maps and other content on the Website or embodied in our programs and services, including all associated intellectual property rights, are the proprietary property of MARTA, its licensors, or are used under principles of fair use, and protected by copyright and other intellectual property laws, and may not be copied, imitated or used, in whole or in part, without the prior written permission of MARTA. The trademarks, service marks, and logos (the “Trademarks”) used and displayed herein are registered Trademarks of the Metropolitan Atlanta Rapid Transit Authority (a.k.a. MARTA).  Nothing herein should be construed as granting, by implication, estoppel, or otherwise, any license or right to use any Trademark displayed herein, without the written permission of MARTA. The Trademarks may not be used in connection with any product or service that is not MARTA’s, in any manner that is likely to cause confusion among customers or in any manner that disparages or discredits MARTA. Other products or company names used on the Site may be the trademarks of their respective owners. MARTA retains all rights with respect to the Website except those expressly granted to you in Section 2 above. This means you may not “mirror” this information on your website or modify or re-use the texts or graphics on this Site. Commercial use of this information is prohibited without the written permission of MARTA. In all copies of this information, you must include this notice and any other copyright notices originally included with such information. Should any viewer of any MARTA published document, including this Site, respond with information including feedback data, such as questions, comments, suggestions, or the like regarding the content of any such MARTA document, such information shall be deemed to be non-confidential and MARTA shall have no obligation of any kind with respect to such information and shall be free to reproduce, use, disclose and distribute the information to others without limitation. Further, MARTA shall be free to use any ideas, concepts, know-how or techniques contained in such information for any purpose whatsoever, including but not limited to developing, manufacturing and marketing products incorporating such information.

4 Website Code of Conduct
By using our Website, you agree to comply with these Terms, and to follow our Website Code of Conduct, which is set out below. Under this Website Code of Conduct, you will not:

• Use the Website in a manner that could disable, overburden, or impair the Site or interfere with any other party’s use and enjoyment of the Site. Such uses would include, for example, distributing or promoting material containing solicitations or forwarding chain letters.
• Reverse engineer the Site.
• Seek to obtain access to any material or information that we have not intentionally made available to you on the Website through “hacking,” “scraping,” or other means.
• Submit material that is intentionally false, defamatory, unlawfully threatening, or unlawfully harassing. For example, when signing up for a program or service that we offer, you should make sure that all of the information you provide us accurately reflects what we ask from you.
• Transmit materials through the Site that you know or should know contain viruses, Trojan horses, worms, or other computer-programming routines that are intended to damage, detrimentally interfere with, surreptitiously intercept, or expropriate any system, data, or personal information.

5.     Revocation or Suspension of Use Privileges
We reserve the right at any time to terminate or suspend your use of some or all of the Website if you engage in activities that we conclude, in our discretion, breach our Website Code of Conduct.

6.     Warranty Disclaimer
MARTA and its Third Party Vendors do not promise that the Website will be error-free or uninterrupted, or that the programs, services, and features offered on our Site will be provided error-free or uninterrupted, that defects or errors will be corrected, or that the Site and/or the server that makes it available are free from viruses or other harmful components. For example, MARTA does not guarantee that schedules, directions, fare information, service information, arrival/departure times, or routes provided to you will be accurate. MARTA is not responsible or liable for any delays, inaccuracies, errors or omissions arising out of your use of the Site, including without limitation, any material posted on the Site. The Site, and all of the programs and services on the Site are available on an “AS IS” and “AS AVAILABLE” basis without warranties of any kind, either express or implied. TO THE EXTENT PERMITTED BY APPLICABLE LAW, MARTA EXPRESSLY DISCLAIMS ALL REPRESENTATIONS AND WARRANTIES, EXPRESS OR IMPLIED, INCLUDING ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR CONFORMITY WITH MODELS OR SAMPLES. YOU EXPRESSLY AGREE THAT USE OF THE MARTA SITE AND RELATED SERVICES IS AT YOUR SOLE RISK.

7. Links to Third-Party Sites
The Website may contain links or references to third party websites such as when you use the “Plan a Trip” feature available on our Site. MARTA has no control over these third party sites or their content and does not assume responsibility or liability for any content, opinions, or materials available on them. MARTA does not endorse the content of any third party site, nor does MARTA warrant that a third party site will be free of computer viruses or other harmful code that can impact your computer or other Web-access device. If you link to any third party site through our Site, please be aware that you are doing so at your own risk.

8. Limitation of Liability
YOU ACKNOWLEDGE AND AGREE THAT, TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, UNDER NO CIRCUMSTANCES, INCLUDING BUT NOT LIMITED TO BREACH OF CONTRACT, TORT, OR NEGLIGENCE, WILL MARTA (WHICH INCLUDES, FOR PURPOSES OF THIS SECTION, ITS AFFILIATES, CONTRACTORS, EMPLOYEES, AGENTS, OR THIRD-PARTY PARTNERS OR SUPPLIERS) BE LIABLE FOR ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, RELIANCE, PUNITIVE, EXEMPLARY, OR CONSEQUENTIAL DAMAGES (INCLUDING LOST PROFITS) THAT ARISE OUT OF, OR ARE RELATED TO, YOUR USE OF THE MARTA SITE, ITS PROGRAMS, SERVICES, ONLINE PURCHASE OF A BREEZE CARD AND/OR BREEZE MOBILE VIRTUAL FARE CARD, AND/OR CONTENT CONTAINED ON THE SITE, WHETHER THE MATERIALS CONTAINED ON THE SITE ARE PROVIDED BY MARTA OR BY A THIRD PARTY, AND EVEN IF MARTA OR A MARTA AUTHORIZED REPRESENTATIVE HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. YOU AGREE THAT THE LIMITATIONS OF LIABILITY SET FORTH IN THIS SECTION WILL SURVIVE ANY TERMINATION OR EXPIRATION OF THIS AGREEMENT AND, TO THE EXTENT PERMITTED BY LAW, WILL APPLY EVEN IF ANY LIMITED REMEDY SPECIFIED HEREIN IS FOUND TO HAVE FAILED OF ITS ESSENTIAL PURPOSE. IN NO EVENT SHALL MARTA’S AGGREGATE LIABILITY TO YOU FOR ANY LOSS, DAMAGE, OR CLAIM RELATED TO OR ARISING OUT OF THE MARTA SITE OR ANY PROGRAMS OR SERVICES YOU RECEIVE FROM THE SITE EXCEED THE TOTAL AMOUNTS, IF ANY, ACTUALLY PAID BY YOU TO MARTA FOR SUCH SITE PROGRAMS OR SERVICES DURING THE TWELVE (12) MONTH PERIOD IMMEDIATELY PRECEDING THE EVENT GIVING RISE TO THE LIABILITY OR FIFTY DOLLARS, WHICHEVER IS GREATER. YOU AGREE THAT WE WOULD NOT ENTER INTO THESE TERMS AND CONDITIONS WITHOUT THESE LIMITATIONS ON OUR LIABILITY.

9. Public Records Requests
Certain information held by MARTA may be subject to public records laws. Dissemination of such information is governed by the Georgia Open Records Act, OCGA §50-18-70, et.seq. and other applicable laws and regulations. These laws require disclosure of certain information in response to a public records request. Please review our Privacy Policy for information concerning how these laws apply to the Site.

10. Indemnity
You agree to defend, indemnify, and hold MARTA and its subsidiaries, affiliates, licensors, services providers, and its and their respective officers, directors, employees, contractors, agents, licensors, suppliers, successors and assigns, harmless from and against any and all claims, suits, actions, damage, loss, cost, expense or liability, including attorneys’ fees, relating to, arising from or as a result of your use of the Site, and/or your breach of these Terms. You agree to pay any costs, including reasonable attorney’s fees, incurred by MARTA to enforce these Terms and Conditions.

11. Additional Terms for Certain Programs or Services
We may offer certain programs or services on our Website that are subject to additional or different terms and conditions. We will notify you if the program or service you are using on the Website is subject to terms and conditions that differ from these Terms, and you may decline to participate in such programs or services if you do not agree with the differing terms and conditions.

12. Device Connection
Use of the MARTA Site will require your device(s) to have access or connection via mobile network or Internet (fees may apply). Because use of the MARTA Site involves hardware, software and Internet access, your ability to use the MARTA Site may be affected by the performance of these factors. MARTA does not guarantee that this Site can be accessed on all devices. MARTA does not guarantee that this Site is available in all geographic locations. By accepting these terms and conditions, you acknowledge and agree that complying with such system requirements, which may be changed from time to time, are your responsibility and that your use of any third-party services are subject to the terms and conditions of use established by the respective third-party service providers. 

13. Modifications to these Terms
If we modify these Terms, any such modifications will take effect proactively, upon your subsequent access to the Website. Please feel free to print out a copy of these Terms for your records.

14. Assignment
These Terms shall not be assignable by you, either in whole or in part. MARTA reserves the right to assign its rights and obligations under these Terms.

15. General
These Terms shall be governed by and construed in accordance with the laws of the State of Georgia without regard to its choice of law principles. The parties hereby submit and expressly consent to the exclusive jurisdiction of the Superior Courts of Fulton County, Georgia, or in the United Stated District Court for the Northern District of Georgia. If any provision of these Terms is held to be invalid or unenforceable, that provision will be removed to the extent necessary to comply with the law, replaced by a provision that most closely approximates the original intent and economic effect of the original to the extent consistent with the law, and the remaining provisions will remain in full force. Headings are for reference purposes only and in no way define, limit, construe, or describe the scope or extent of such section. MARTA’s failure to act, and/or delay in acting, with respect to a breach by you or others does not waive its right to act with respect to subsequent or similar breaches; nor shall any single or partial exercise of any right or power hereunder preclude further exercise of any other right hereunder. This agreement and the terms and conditions contained herein set forth the entire understanding and agreement between MARTA and you with respect to the subject matter hereof and supersede any prior or contemporaneous understanding, whether written or oral.

16. Survival
The following provisions shall survive the termination of these Terms and shall apply indefinitely:

• Section 3 (MARTA Ownership; Reservation of Rights)
• Section 6 (Warranty Disclaimer)
• Section 8 (Limitation of Liability)
• Section 10 (Indemnity)
• Section 14 (Assignment)
• Section 15 (General)
• Section 16 (Survival)

17. Contact Us
Questions about these Website Terms and Conditions should be directed to Customer Service at custserv@itsmarta.com or 404-848-5000.

18. Effective Date
The effective date of these Terms and Conditions is MARCH 20, 2023.