Terms & Conditions

METRO TRANSIT MOBILE TICKETING TERMS AND CONDITIONS

These terms and conditions ("Service Terms") govern your ("you" or "your") access to, and use of, the Metro Transit App and the mobile ticketing services ("Services") provided by the Metropolitan Council through its Metro Transit division ("the Council"), including, without limitation, any software applications loaded onto mobile devices. These Service Terms do not alter in any way the terms of any written agreement signed by you and the Council. If you are using the Services on behalf of any entity, you represent and warrant that you are authorized to accept these Service Terms on such entity's behalf and the term "you" shall refer to you personally and such entity. You agree to comply with, and to ensure compliance with, all laws, ordinances and regulations applicable to your activities in using the Services.

You certify that you are at least 13 years of age.

1. Privacy.

The Council believes that your privacy and the privacy of all our users is important. These Service Terms incorporate the Privacy Policy (Tennessen Warning) by reference, which can be found at https://www.metrotransit.org/Tennessen By registering and using the Metro Transit App, you agree to allow the Council to collect and use the data as explained in the Privacy Policy.

When purchasing and using a transit ticket or when using the “Find Me Use current location” feature of Trip Planner and NexTrip, the Council will request access to your geolocation data. Geolocation data is collected for route planning, ridership analysis, and service improvements. The Council shares this information with individual employees and third parties with a business need to know the information, and may be required to provide the information to other parties by a court order or to the state or legislative auditor. You may opt-out of providing your geolocation data at any time by accessing the App Permissions under “Settings.” If you do not provide geolocation data, you will be able to purchase tickets but will not be able to use the “Find MeUse current location” feature of the Trip Planner and NexTrip.

Additionally, by using the Metro Transit App to make purchases, you understand and agree that your information, including credit card information, is provided to Token Transit, Inc. to use and maintain the Services, including payment processing. If these Service Terms are terminated, the Council may use and maintain your information subject to applicable data policies and according to the terms of the Minnesota Government Data Practices Act.

2. Registration.

If you wish to use the Services, you are required to register by providing information about yourself and, if you are registering on behalf of an entity or another person, information about that entity or person (such as identification, and contact details) (collectively, “Registration Data”). You agree that any information you provide is accurate, complete and updated. Failure to do so constitutes a breach to these Service Terms and may result in a termination of your account and access to the Services. You are responsible for maintaining the security and confidentiality of your account password. You are also solely responsible for all activities that occur through your User ID and password. You agree not to access or use, or attempt to access or use, the Services or any part thereof using the identity or the Registration Data of any person other than yourself. You agree to immediately notify the Council of any unauthorized use of your User ID or password. From time to time, you may be asked to confirm your account via an email message. If such account is not reconfirmed, the account may be deleted by the Council. Once your account has been deleted, your information may remain on the Services, or be removed by the Council.

3. Methods of Payment.

The Metro Transit App accepts the following methods of payment for ticket purchases: MasterCard, Visa, American Express, Discover and debit via online banking or PayPal, Apple Pay and Google Pay. All ticket prices are stated in U.S. Dollars.

4. Pricing, Availability; Purchase Confirmation; Refunds.

If you do not receive (i) a message containing your ticket, and (ii) a confirmation number for your ticket order (in the form of a confirmation page or purchase receipt) after submitting payment information, or if you experience an error message or service interruption after submitting payment information, it is your responsibility as the customer to confirm with the Metro Transit Customer Relations department whether or not your order has been placed. Only you may be aware of any problems that may occur during the purchase process. The Council is not responsible for losses (monetary or otherwise) if you fail to receive the tickets and/or an order confirmation and such failure is not caused by the Services.

You are solely responsible at all times for the proper functioning of your mobile phone. A ticket is not redeemable for cash.

5. Violations of Metro Transit Code/Law; No Redemption Value.

Use of the Council's transit system is subject to Metro Transit's Code of Conduct and applicable laws. The Council reserves the right, without refund of any amount paid, to prosecute and to impose any penalties allowed by the Metro Transit Code of Conduct or law, including but not limited to exclusion and citation, upon any person whose conduct violates the Metro Transit Code of Conduct or applicable law while on Council property or using Metro Transit services.

6. Rules for Use of Metro Transit App.

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

Restrict or inhibit any other visitor or user from using the Services, including, without limitation, by means of "hacking" or defacing any portion of the Services;
Use the Services or the Materials (as defined below) for any unlawful purpose;
Transmit any software or other materials that contain any viruses, worms, Trojan horses, defects, date bombs, time bombs or other items of a destructive nature;
Modify, 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;
"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 of the Services or its contents without our prior written consent;
Take any action that imposes or may impose (in the Council's sole discretion) an unreasonable or disproportionately large load on our (or our third party providers) infrastructure or that otherwise interferes with the proper working of the Services;
Infringe or violate the intellectual property rights or any other rights of anyone else (including the Council’s or its licensors’);
Use the Services in a manner that is harmful, fraudulent, deceptive, threatening, harassing, defamatory, obscene, or otherwise objectionable;
Jeopardize the security of your account or anyone else’s (such as allowing someone else to log in to the Services as you) or attempt in any manner, to obtain the password, account, or other security information from any other user; or
Decompile, reverse engineer, or otherwise attempt to obtain the source code or underlying ideas or information of or relating to the Services.

A violation of any of the foregoing is grounds for termination of your right to use or access the Services.

7. Ownership and Restrictions on Use.

The information and materials provided on or through the Services, including any data, text, designs, graphics, images, photographs, illustrations, audio and video clips, logos, icons and links (collectively, the "Materials") are owned exclusively by the Council or its licensors, and are intended to educate and inform you about the products and services offered or described on the Services. Subject to your compliance with these Service Terms, you may download one (1) copy of any Materials displayed on the Services, and you may use such downloaded Materials solely for your personal, non-commercial use (you may not resell the Services), provided that you retain all copyright and other proprietary notices contained therein. For clarity, the foregoing does not grant a license to copy any other part of the Services including the Metro Transit App or any software or proprietary information therein. The Council cannot guarantee that technical difficulties will not occur during the download of the Materials or that the Materials will download successfully. Subject to your compliance with these Service Terms, the Council grants you a limited license to use the Services and Materials; provided that you may not use, reproduce, modify, display, publicly perform, distribute, create derivative works of or circumvent any technological measure that effectively controls access to the Services and/or Materials in any way including, without limitation, by manual or automatic device or process, for any purpose. Use of the Services and Materials for any purpose other than as expressly authorized in these Service Terms is a violation of copyrights and other proprietary rights owned by the Council and its licensors, and is strictly prohibited.

The Services, including the Metro Transit App, all software, databases, proprietary information and Materials (and any intellectual property and other rights relating thereto) including, without limitation, the selection, sequence and "look and feel" and arrangement of items, is owned and operated by the Council and its licensors and will remain the property of the Council and its licensors. The Services are protected by U.S. and international copyright, trademark and other laws, and you acknowledge that these rights are valid and enforceable. You further acknowledge that you do not acquire any ownership rights by using the Services or the Materials.

The trademarks, logos, and service marks displayed on the Services (collectively the "Trademarks") are the registered and unregistered trademarks of the Council and its licensors and suppliers, and others. The Trademarks, whether registered or unregistered, may not be used in connection with any product or service that is not offered by the Council in these Service Terms in any manner that is likely to cause confusion with customers, or in any manner that disparages the Council or its licensors. Nothing contained on the Services should be construed as granting, by implication, estoppel or otherwise, any license or right to use any Trademark without the express written permission of the Council, the Council's licensors or suppliers, or the third party owner of any such Trademark. Misuse of any Trademarks is prohibited, and the Council and its licensors will aggressively enforce their intellectual property rights in such Trademarks, including via civil and criminal proceedings.

The Council and its licensors reserve all rights not expressly granted in these Service Terms.

8. Making Purchases.

If you wish to purchase products or services described (each such purchase, a "Transaction"), you will be asked to supply certain information applicable to your Transaction, including, without limitation, credit card and other information. You understand that any such information will be treated by the Council in the manner described in our Privacy Policy. You agree that all information that you provide in connection with your purchase will be accurate, current and complete. You agree to pay all charges incurred by you or any users of your account and credit card (or other applicable payment mechanism) at the price(s) in effect when such charges are incurred. You will also be responsible for paying any applicable taxes relating to your purchases. The sale or purchase of tickets may be regulated by certain state, county and city laws or regulations. You acknowledge that complying with laws is your responsibility. THE COUNCIL WILL COMPLY WITH LAW ENFORCEMENT OFFICIALS AND MAY PROVIDE THEM WITH ALL INFORMATION YOU SUBMIT TO US TO ASSIST IN ANY INVESTIGATION OR PROSECUTION THEY MAY CONDUCT. You represent and warrant that all information you provide, including but not limited to all information concerning your name, address, credit card number, and other identifying information of any nature will be true, complete and correct, and that you will update all information as it changes. You grant the Council the right to provide any information you submit to third parties for purposes of facilitating the completion of Transactions initiated by you or on your behalf. Verification of information may be required prior to the acknowledgment or completion of any Transaction.

9. Information Provided by the Council.

Although the Council strives to provide Materials that are both useful and accurate, the nature of the data and other information contained on the Services is subject to frequent change.

In addition, the facts and circumstances of every situation (or such other address as is provided by the Council to you) via email at your Notice address and your address for the receipt of notices pursuant to this Agreement shall be the current email address listed by you in your account profile. You also agree, unless you opt out, to receive marketing emails related to the Services.

10. Linking and Hyperlinking.

You are granted a limited, non-exclusive right to create a text hyperlink to the Services, provided such link does not portray the Council, its licensors, or any of its products and services, in a false, misleading, or otherwise defamatory manner and provided further that the linking site does not contain any illegal material. This limited right may be revoked at any time. You may not use a Metro Transit logo, third-party Trademark or other proprietary graphic to link to the Services without the express written permission of the Council or the Trademark owner. Further, you may not use, frame or utilize framing techniques to enclose any Metro Transit trademark, logo or other proprietary information, or third-party Trademark including the images found on the Services, the content of any text or the layout/design of any page or form contained on a page on the Services without the Council’s or the Trademark owner’s express written consent. Except as noted above, you are not conveyed any right or license by implication, estoppel or otherwise in or under any patent, trademark, copyright or proprietary right of the Council or any third party.

11. Links and Third Party Content.

The Council may provide links to Web pages and content of third parties as a service to those interested in such links and content, and the Council may post third party content or allow users to post their content (“Third Party Content”). The Council does not have resources to constantly monitor or have ultimate control over any Third Party Content or third party websites. The Council does not endorse or adopt any Third Party Content or third party websites and can make no guarantee as to its accuracy or completeness. The Council does not represent or warrant the accuracy of any information contained therein and undertakes no responsibility to update or review any Third Party Content or third party Websites. Users use these links, Third Party Content and third party Websites at their own risk. When you leave the Services, you should be aware that our terms and policies no longer govern. You should review the applicable terms and policies, including privacy and data gathering practices, of any service to which you navigate from the Services.

12. Third Party Goods and/or Services.

The Services may also provide information regarding or link to certain applications and goods and/or services provided or offered by third parties (collectively the "Third-Party Goods and Services"). The Council is merely an information provider and is not a referral service, and it does not recommend or endorse any such Third-Party Goods and Services or monitor or have any control over such Third Party Goods and Services. Therefore, the Council makes no guarantee, representation or warranty of any kinds as to the quality, competency, value, reliability, responsiveness, accuracy or completeness of any such Third-Party Goods and Services or the results obtained therefrom, and the Council assumes no responsibility or liability for any Third Party Goods and Services or for the actions or failure to act of those providing such Third-Party Goods and Services. You assume full responsibility for your use of any such Third-Party Goods and Services, and the Council is not responsible or liable for any Third-Party Goods and Services. In the event of a dispute between any consumer and vendor, the parties will work out the dispute themselves.

13. Advertisements and Promotions.

The Council may run third party advertisements and promotions. Your business dealings or correspondence with, or participation in promotions of, advertisers other than Metro Transit, and any terms, conditions, warranties or representations associated with such dealings, are solely between you and such third party. The Council is not responsible or liable for any loss or damage of any sort incurred as the result of any such dealings or as the result of the presence of such third party advertisers on the Services.

14. Termination.

These Service Terms shall remain effective until terminated in accordance with its terms. We reserve the right to immediately terminate these Service Terms, 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. Upon termination of these Service Terms, your right to use the Services shall immediately cease, and you shall destroy all Materials obtained from the Services and all copies thereof, whether made under these Service Terms or otherwise. You agree that any termination of your access to or use of the Services may be effected without prior notice, and that the Council may immediately deactivate or delete your password and user name, and all related information and files associated with it, and/or bar any further access to such information or files. You agree that the Council shall not be liable to you or any third party for any termination of your access to the Services or to any such information or files, and shall not be required to make such information or files available to you after any such termination.

Violations of these Service Terms, including unauthorized use of the Services, may be investigated and appropriate legal action may be taken, including without limitation civil, criminal and injunctive redress. You agree that monetary damages may not provide a sufficient remedy to the Council for violations of these Service Terms and you consent to injunctive or other equitable relief for such violations.

The Council is not required to provide any refund to you if it exercises any of its rights or remedies because you have violated these Service Terms or any of the Council’s rights. Additionally, the Council reserves 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. We also reserve the right, in our sole discretion, to impose limits on certain features and services and to restrict access to any part or to all of the Services without notice to you. We shall not be liable to you or any third party for any claim or cause of action arising out of our exercise of the foregoing rights.

Provisions that, by their nature, should survive termination of these Service Terms shall survive termination. By way of example, all of the following will survive termination: any payment or indemnification obligations, any liability limitations, any terms regarding ownership of intellectual property rights, and terms regarding disputes.

15. WARRANTY DISCLAIMER.

THE SERVICES, THE MATERIALS ON THE SERVICES, AND ANY PRODUCT OR SERVICE OBTAINED THROUGH THE SERVICES IS PROVIDED "AS IS" AND WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. TO THE FULLEST EXTENT PERMISSIBLE PURSUANT TO APPLICABLE LAW, THE COUNCIL AND ITS LICENSORS DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, WITH RESPECT TO THE SERVICES, THE MATERIALS, AND ANY PRODUCT OR SERVICE OBTAINED THROUGH THE SERVICES, INCLUDING, WITHOUT LIMITATION, IMPLIED WARRANTIES OF TITLE, NON-INFRINGEMENT, ACCURACY, MERCHANTABILITY, AND FITNESS FOR A PARTICULAR PURPOSE, AND ANY WARRANTIES THAT MAY ARISE FROM COURSE OF DEALING, COURSE OF PERFORMANCE OR USAGE OF TRADE. Applicable law may not allow the exclusion of implied warranties, so the above exclusions may not apply to you.

NEITHER THE COUNCIL NOR ITS LICENSORS WARRANT THAT YOUR USE OF THE SERVICES WILL BE UNINTERRUPTED, ERROR-FREE OR SECURE, THAT DEFECTS WILL BE CORRECTED, OR THAT THE SERVICES, THE SERVER(S) ON WHICH THE SERVICES ARE HOSTED IS FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. YOU ACKNOWLEDGE THAT YOU ARE RESPONSIBLE FOR OBTAINING AND MAINTAINING ALL TELEPHONE, COMPUTER HARDWARE AND OTHER EQUIPMENT NEEDED TO ACCESS AND USE THE SERVICES, AND ALL CHARGES RELATED THERETO. YOU ASSUME ALL RESPONSIBILITY AND RISK FOR YOUR USE OF THE SERVICES AND YOUR RELIANCE THEREON. NO OPINION, ADVICE OR STATEMENT OF THE COUNCIL OR ITS LICENSORS, WHETHER MADE ON THE SERVICES OR OTHERWISE, SHALL CREATE ANY WARRANTY. THE COUNCIL AND ITS LICENSORS DO NOT WARRANT, ENDORSE, GUARANTEE, OR ASSUME RESPONSIBILITY FOR ANY PRODUCT OR SERVICE ADVERTISED OR OFFERED BY A THIRD PARTY THROUGH THE SERVICES OR ANY HYPERLINKED SITE, OR FEATURED IN ANY BANNER OR OTHER ADVERTISING, AND THE COUNCIL AND ITS LICENSORS WILL NOT BE A PARTY TO OR IN ANY WAY MONITOR ANY TRANSACTION BETWEEN YOU AND THIRD-PARTY PROVIDERS OF PRODUCTS OR SERVICES.

AS WITH THE PURCHASE OF A PRODUCT OR SERVICE THROUGH ANY MEDIUM OR IN ANY ENVIRONMENT, YOU SHOULD USE YOUR BEST JUDGMENT AND EXERCISE CAUTION WHERE APPROPRIATE. YOUR USE OF THE SERVICES AND ANY MATERIALS PROVIDED THROUGH THE SERVICES ARE ENTIRELY AT YOUR OWN RISK. YOU ACKNOWLEDGE AND AGREE THAT NEITHER THE COUNCIL NOR ITS LICENSORS IS RESPONSIBLE FOR ANY CONTACT OR INTERACTION BETWEEN YOU AND ANY OTHER USER OF THE SERVICES AND THAT YOU BEAR THE SOLE RISK OF TRANSMITTING THROUGH THE SERVICES ANY CONTENT, INCLUDING INFORMATION WHICH IDENTIFIES YOU OR YOUR LOCATION.

16. Limitation of Liability.

NEITHER THE COUNCIL, ITS LICENSORS NOR ANY OF OUR OR THEIR MEMBERS, AGENTS OR EMPLOYEES ("COUNCIL RELEASEES"), ARE OR WILL BE RESPONSIBLE OR LIABLE TO YOU OR TO ANY THIRD PARTY FOR ANY INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, EXEMPLARY, PUNITIVE OR OTHER DAMAGES (INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF BUSINESS, LOSS OF DATA OR LOST PROFITS), UNDER ANY CONTRACT, NEGLIGENCE, STRICT LIABILITY OR OTHER THEORY ARISING OUT OF OR RELATING IN ANY WAY TO THE SERVICES AND/OR MATERIALS CONTAINED ON THE SERVICES, ANY LINKED SITE OR ANY PRODUCT OR SERVICE PURCHASED THROUGH THE SERVICES. WITHOUT LIMITING THE FOREGOING, YOU EXPRESSLY ACKNOWLEDGE AND AGREE THAT THE COUNCIL RELEASEES SHALL HAVE NO LIABILITY OR RESPONSIBILITY WHATSOEVER (EXCEPT TO THE EXTENT CAUSED BY THE COUNCIL RELEASEES’ SOLE NEGLIGENCE OR WILLFUL MISCONDUCT ) FOR (I) PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER, WHETHER ARISING IN CONTRACT OR IN TORT, RESULTING FROM YOUR ACCESS TO AND USE OF THE SERVICES AND/OR MATERIALS CONTAINED ON THE SERVICES, ANY LINKED SITE OR ANY PRODUCT OR SERVICE PURCHASED THROUGH THE SERVICES, INCLUDING ANY CLAIM, CAUSE OF ACTION, OBLIGATION, LIABILITY, RIGHT, OR REMEDY, (II) ANY UNAUTHORIZED ACCESS TO OR USE OF OUR SECURE SERVERS AND/OR ANY AND ALL PERSONAL INFORMATION AND/OR FINANCIAL INFORMATION STORED THEREIN, (III) ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM THE SERVICES AND/OR MATERIALS CONTAINED ON THE SERVICES, ANY LINKED SITE OR ANY PRODUCT OR SERVICE PURCHASED THROUGH THE SERVICES , (IV) ANY BUGS, VIRUSES, WORMS, TROJAN HORSES, DEFECTS, DATE BOMBS, TIME BOMBS OR OTHER ITEMS OF A DESTRUCTIVE NATURE WHICH MAY BE TRANSMITTED TO OR THROUGH OUR SITE BY ANY THIRD PARTY, (V) 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, AND/OR MATERIALS CONTAINED ON THE SERVICES, ANY LINKED SITE OR ANY PRODUCT OR SERVICE PURCHASED THROUGH THE SERVICES AND/OR (VI) THE FAILURE OF THE COUNCIL TO HONOR A TICKET. THE MAXIMUM LIABILITY OF THE COUNCIL AND ITS MEMBERS, AGENTS, AND EMPLOYEES IS GOVERNED BY MINNESOTA STATUTES CHAPTER 466. THE MAXIMUM LIABILITY OF THE COUNCIL’S LICENSORS FOR ANY DIRECT DAMAGES IN THE AGGREGATE WILL NOT EXCEED $100.

17. Indemnification.

You agree to indemnify, defend and hold the Council, its licensors and its members, agents, and employees harmless from and against any and all claims, damages, losses, costs (including reasonable attorneys fees) and other expenses that arise directly or indirectly out of or from (a) your breach of these Service Terms; (b) any allegation that any materials you submit to us or transmit to the Services infringe or otherwise violate the copyright, trademark, trade secret or other intellectual property or other rights of any third party; and/or (c) your activities in connection with the Services.

18. Additional Terms Applicable to Your Use of the Metro Transit App

These Terms apply to your use of all the Metro Transit App, including the iPhone, iPod Touch, and iPad applications available via the Apple, Inc. (“Apple”) App Store (the “Application”), but the following additional terms also apply to the Application:

Both you and the Council acknowledge that the Service Terms are concluded between you and the Council only, and not with Apple, and that Apple is not responsible for the Application or the Materials;
The Application is licensed to you on a limited, non-exclusive, non-transferrable, non-sublicensable basis, solely to be used in connection with the Metro Transit App for your private, personal, non-commercial use, subject to all the terms and conditions of these Service Terms as they are applicable to the Metro Transit App;
You will only use the Application in connection with an Apple device that you own or control;
You acknowledge and agree that Apple has no obligation whatsoever to furnish any maintenance and support services with respect to the Application;
In the event of any failure of the Application to conform to any applicable warranty, including those implied by law, you may notify Apple of such failure; upon notification, Apple’s sole warranty obligation to you will be to refund to you the purchase price, if any, of the Application;
You acknowledge and agree that the Council, and not Apple, is responsible for addressing any claims you or any third party may have in relation to the Application;
You acknowledge and agree that, in the event of any third party claim that the Application or your possession and use of the Application infringes that third party’s intellectual property rights, the Council Metro Transit App the Council acknowledge and agree that, in your use of the Application, you will comply with any applicable third party terms of agreement which may affect or be affected by such use; and
Both you and the Council acknowledge and agree that Apple and Apple’s subsidiaries are third party beneficiaries of these Service Terms, and that upon your acceptance of these Service Terms, Apple will have the right (and will be deemed to have accepted the right) to enforce these Service Terms against you as the third party beneficiary hereof.

19. Interstate Nature of Communications.

You acknowledge that in using the Services you may be causing communications to be sent through interstate telecommunications networks, which are governed by federal law pursuant to the interstate commerce clause of the US Constitution. Even communications that seem to be intrastate in nature can result in the transmission of interstate communications regardless of where you are physically located at the time of transmission. You acknowledge that use of the Services results in interstate data transmissions.

20. Assignment; Change in Control.

This Agreement may not be assigned by you without the prior written approval of the Council but may be assigned without your consent by the Council. Any attempt at improper assignment shall be void.

21. Severability.

If any of these Service Terms should be determined to be invalid, illegal or unenforceable for any reason by any court of competent jurisdiction then such term shall be enforced only to the extent it is enforceable and the remaining terms shall survive and remain in full force and effect and continue to be binding and enforceable.

22. Waiver.

No waiver of any term, provision or condition of this Agreement, whether by conduct or otherwise, in any one or more instances, shall be deemed to be, or shall constitute, a waiver of any other term, provision or condition hereof, whether or not similar, nor shall such waiver constitute a continuing waiver of any such term, provision or condition hereof. No waiver shall be binding unless executed in writing by the party making the waiver.

23. Force Majeure.

If the performance of the Services or any part of this Agreement by either party is prevented, hindered, delayed or otherwise made impracticable by reason of any flood, riot, fire, judicial or governmental action, labor disputes, act of God or any other causes beyond the control of either party, that party shall be excused from such to the extent that it is prevented, hindered or delayed by such causes.

24. Entire Agreement, Governing Law, Venue.

These Service Terms constitute the entire agreement between you and the Council and supersede any prior written or oral agreement with regard to the Services. Any and all claims, causes of action or disputes (regardless of theory) between you and the Council arising out of or related to the Service Terms, the Services or content accessed through the Services shall be governed by the laws of the State of Minnesota without regard to conflict or choice of law principles. You and the Council agree that any such claims, causes of action or disputes shall be brought exclusively in courts located within Hennepin or Ramsey Counties in Minnesota, and you and the Council agree to submit to the personal and exclusive jurisdiction of such courts. You further agree that, regardless of any statute or law to the contrary, you must file any such claim or cause of action within one year after such claim or cause of action arose or be forever barred.

25. Changes to the Services

The Council reserves the right to suspend or discontinue any part of the Services, or to introduce new features or impose limits on certain features or restrict access to parts or all of the Services. Subject to the applicable law, the Council is not obligated to provide you notice of changes to the Services however, the Council may provide such notice for changes it considers to be material. Similarly, the Council reserves the right to remove any Materials from the Service at any time, for any reason in its sole discretion and without notice.

26. Modification.

The Council reserves the right to change or modify these Service Terms at any time and in its sole discretion, upon ten (10) days' notice by email. If you do not accept such modified terms, you must email the Council a notice of termination within 10 days, or you will be bound by the modified terms.

If you have any questions, comments or complaints regarding these Service Terms or the Services, feel free to contact us at [email protected].