ECU Ride Terms of Service

Section 1: Introduction

These Terms of Services (“Terms of Service”) govern the access or use by you (the “Rider”) of applications, websites, content, products, and services (the “Services”) made available.

Your access and use of the Services constitutes your agreement to be bound by these Terms of Service (the “Agreement”), which establish a contractual relationship between you and East Carolina University (“ECU” or “University”). The University may amend these Terms of Service from time to time and amendments will be effective upon ECU publishing updated Terms of Service on its website. Your continued access or use of the Services after such posting constitutes your consent to by bound by the amended Terms of Service.

Please read these Terms of Service carefully before accessing or using the services. In the event of a conflict between these Terms of Service and any agreement between Via Transportation and ECU Transit, the terms of the agreement shall prevail.

Section 2: The Services

ECU Ride is an on-demand transit service that serves as a point-to-point transit service which serves the ECU campuses and adjacent areas. This service is provided as a courtesy to help the ECU Community travel around campus and its vicinity safely. The Services constitute a technology platform that enables users of the ECU Ride mobile app (the “App”) to, amongst other things, request and schedule rides provided by ECU Transit. Unless otherwise agreed to by ECU Transit in a separate written agreement, the Services are made available to you for your personal, non-commercial use.

Service does not operate or may be limited during days ECU hosts athletic events, most holidays or school breaks; please see the Transit service schedule posted on ECU Transit’s website for any changes to normal service hours. Service is limited to the service area: view service area map.

ECU Ride Rider Policies:

  1. A valid ECU 1 Card is required to ride and a maximum of three guests are allowed per valid 1 Card.
  2. Once the ride is scheduled, the operator cannot deviate from the original route request.
  3. Rides are only permitted to wait up to three minutes after arriving at the designated pick-up location before canceling your pick up as a no show. After your ride has been canceled, your ride will be considered as a no show, and the vehicle will move on to pick up other Riders. If you schedule another ride after a ride is deemed a no-show, then your ride may be placed at the end of the queue. As a courtesy to other customers waiting on ECU Ride, please remember to cancel your trip as needed.
  4. Riders are limited to 4 rides per night. ECU Ride reserves the right to refuse service in any case where it is determined the service is being abused.
  5. Prohibited Conduct:
    1. Interfering with the operation or movement of any ECU Ride vehicle
    2. Threatening the health, safety or wellbeing of the operator and/or other passengers
    3. Fighting, pushing, crowding, shoving, or initiating physical contact with the driver and/or passengers
    4. Damaging or defacing the vehicle or any ECU Transit property
    5. Soliciting the sale of goods or services
    6. Loitering and/or panhandling onboard the vehicle
    7. Remaining on the vehicle longer than your scheduled trip
    8. Placing advertisements on the inside or outside of the vehicles, or removing or defacing those placed on the buses by authorized representatives of ECU
    9. Disposing of garbage, paper, refuse or any other materials except in receptacles provided for that purpose
    10. Loud or boisterous noises, including disruptive sounds while using electronic devices. All audio devices including tablet and cell phones may not be used on speaker mode.
    11. Use of obscene, offensive, or sexual language, including sexually implicit references or gestures
    12. Tampering with or operating equipment intended for the operator’s exclusive use
    13. Consuming any alcoholic beverage or possessing an open container of any alcoholic beverage
    14. Disorderly and disruptive behavior as determined in the discretion of ECU
    15. Using any form of tobacco, including vaping, e-cigarettes, etc.
    16. Riding while intoxicated
    17. Riding while using, being under the influence of, or in possession of, any illegal substance or activity
    18. Possession of any illegal weapon or hazardous material.
    19. Possession or use of any dangerous flammable substances or use of any devices actively producing a flame except oxygen tanks necessary for medical reasons.
    20. Any passenger with excessive odors or fragrances which cause harm to other passengers or interfere with the operator’s safe operation of the vehicle may be asked to relocate their seat or to exit the bus.
  6. By accessing and/or using Services, you are agreeing to abide by all applicable University policies, rules, and regulations. Riders who engage in prohibited conduct may be subject to the University’s Student Conduct Process, if Rider is a student. If Rider is an employee of ECU, a Rider who engages in prohibited conduct may be subject to discipline, up to and including termination from employment. ECU Police Department will be engaged for behavior that threatens the safety of other Riders or the operator.

Section 3: User Eligibility

By accessing or using the Services, you represent that you are a student registered for classes at ECU, an employee of ECU, or a guest of either a student or employee of ECU.

Section 4: User Conduct

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

  1. Restrict or inhibit any other user from using the Services, including, without limitation, by means of “hacking” or defacing any portion of the Services;
  2. Use the Services for any unlawful purpose;
  3. Transmit any software or other materials that contain any viruses, worms, Trojan horses, defects, date bombs, time bombs or other items of a destructive or malicious nature;
  4. 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;
  5. Remove any copyright, trademark or other proprietary rights notices contained on the Services or “frame” or “mirror” any part of the Services;
  6. 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;
  7. Create a false identity for the purpose of misleading others as to the identity of the sender or the origin of the message;
  8. Harvest or otherwise collect information about others, including e-mail addresses, without their consent;
  9. Take any action that imposes or may impose an unreasonable or disproportionately large load on the University’s (or the University’s third party providers’) infrastructure; or
  10. Engage in any other conduct which, in University’s sole discretion, is considered unauthorized or objectionable.

Section 5: Account Creation and Log-In Credentials

To use the Service, you may need to log-in by providing a username, password, and phone number. Your account is personal to you, and you may not share your account information with, or allow access to your account by, any third party. You agree to be responsible for all activity that occurs under your access credentials (including, without limitation, the behavior of any other people that travel in your party), and further you agree to use reasonable efforts to prevent unauthorized access to or use of the Service and to preserve the confidentiality of your username and password, and any device that you use to access the Service.

You are responsible for your log-in credentials and for keeping your information accurate. You are responsible for any activity resulting from the use of your log-in credentials on the Service. You represent and warrant that the information you provide to ECU upon use of the Service and at all other times will be true, accurate, current, and complete.

You agree to notify us immediately of any breach in secrecy of your log-in 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 the IT Service Desk, 252-328-9866.

Subject to your compliance with these Terms of Service, ECU is granting you a limited, non-exclusive, non-sublicensable, revocable, non-transferrable license to: (i) access and use the App on your personal mobile 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 solely for your personal, noncommercial use. Any rights not expressly granted herein are reserved by ECU.

Although ECU strives to provide content, information, and related materials that are both useful and accurate, the nature of the data and other information available via the Services is subject to change. Accordingly, the content, information, and related materials available via the Services may not be up-to-date, accurate, or complete at all times.

Section 6: 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 ECU Transit at any time. You acknowledge that opting out of receiving emails or text (SMS) messages may impact your use of the Services.

Section 7: 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 and updating compatible hardware or devices necessary to access and use the Services and the Application and any updates thereto. ECU 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 8: Disclaimer

THE SERVICES ARE PROVIDED “AS IS” AND “AS AVAILABLE.” ECU DISCLAIMS ALL REPRESENTATIONS AND WARRANTIES, EXPRESS, IMPLIED, OR STATUTORY, NOT EXPRESSLY SET OUT IN THESE TERMS OF SERVICE, INCLUDING THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. IN ADDITION, ECU MAKES NO REPRESENTATION, WARRANTY, OR GUARANTEE REGARDING THE RELIABILITY, TIMELINESS, QUALITY, SUITABILITY, OR AVAILABILITY OF THE SERVICES OR ANY SERVICES REQUESTED THROUGH THE USE OF THE SERVICES, OR THAT THE SERVICES WILL BE UNINTERRUPTED OR ERROR-FREE. YOU AGREE THAT THE ENTIRE RISK ARISING OUT OF YOUR USE OF THE SERVICES, AND ANY SERVICE REQUESTED IN CONNECTION THEREWITH, REMAINS SOLELY WITH YOU, TO THE MAXIMUM EXTENT PERMITTED UNDER APPLICABLE LAW.

Section 9: Limitation of Liability

ECU shall not be liable for indirect, incidental, special, or consequential damages, including but no limited to damages for loss of profits, use, data, or other intangibles, even if ECU has been advised of the possibility of such damages, resulting from the use or the inability to use the Services or for cost of procurement of substitute goods and services. Notwithstanding the foregoing, in the event that a court of competent jurisdiction finds ECU liable to Rider for any damages of any type, Rider agrees and acknowledges that ECU’s liability shall be limited to $250 USD.

Section 8: Indemnification

You agree to indemnify and hold the University, its trustees, officers, agents, directors, and employees harmless from any and all claims, demands, losses, liabilities, and expenses (including attorneys’ fees), arising out of or in connection with: (i) your use of the Services or services obtained through your use of the Services; (ii) your breach or violation of any of these Terms of Service; or (iii) your violation of the rights of any third party.

Section 9: Termination

These Terms of Service shall remain effective until terminated in accordance with its terms. We reserve the right to immediately terminate these Terms of Service, 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, ECU reserves the right, in its 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 Service, your right to use the Services shall immediately cease. You agree that ECU 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.

Section 10: Governing Law and Forum Selection

The construction and performance of this Agreement shall be governed by the laws of the State of North Carolina without regard to its conflict of laws provisions. In the event of any legal action to enforce or interpret this Agreement, the sole and exclusive venue shall be a court of competent jurisdiction located in Pitt County, North Carolina.

Section 11: Severability

If any of the provisions of the Agreement are determined to be invalid or unenforceable, that provision so determined shall be severable from the other provisions of the Agreement, and the Agreement shall be construed and enforced as if such invalid or unenforceable provision had not been included herein.

Section 12: General

You may not assign these Terms of Service without ECU’s prior written approval. Any purported assignment in violation of this section shall be void. No joint venture, partnership, employment, or agency relationship exists between you and ECU as a result of this agreement or use of the Services. If any provision of these Terms of Service 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. ECU’s failure to exercise or enforce any right or provision of the Agreement shall not constitute a waiver of such right or provision. ECU and Rider agree that any lawsuit arising out of or related to this Service must commence within one (1) year after the cause of action arose; otherwise, such cause of action is permanently barred. The section titles in this Agreement are solely used for the convenience of the parties and have no legal or contractual significance.