Terms of Service

Revised July 26, 2019

PLEASE READ THIS DOCUMENT CAREFULLY BEFORE YOU ACCESS OR USE THE OMNY WEBSITE OR ANY OF THE OMNY SERVICES, SUCH AS THE OMNY ACCOUNT, READERS AND/OR CUSTOMER SERVICE. BY ACCESSING OR USING THE OMNY WEBSITE AND/OR THE OMNY SERVICES, YOU AGREE TO BE BOUND BY THE TERMS OF SERVICE SET FORTH BELOW. IF YOU DO NOT WISH TO BE LEGALLY BOUND BY THESE TERMS OF SERVICE, PLEASE DO NOT ACCESS OUR OMNY WEBSITE OR USE THE OMNY SERVICES AS DESCRIBED BELOW.

  1. GENERAL TERMS

    The OMNY website is provided to you by the Metropolitan Transportation Authority (“MTA”, “we”, “us” or “our”), on behalf of ourselves and our affiliates and subsidiaries, including but not limited to: New York City Transit Authority (“NYCTA”), MTA Metro-North Railroad (“MNR”), and MTA Long Island Rail Road (“LIRR”) (individually an Affiliated Agency and collectively, Affiliated Agencies) as a service to the public and our customers. To assist you in using the OMNY website, and to ensure a clear understanding of the relationship arising from your use of our OMNY website and the services we may offer through our OMNY website or via the OMNY fare payment services at subway stations and on buses, we have created (i) these Terms of Service and (ii) a Privacy Policy. Our Privacy Policy explains how we treat personal information you provide to us through the MTA owned and operated websites, mobile applications, and when we communicate with you such as through newsletters. The Privacy Policy and these Terms of Service govern your use of our OMNY website and the OMNY fare payment services.

    1. This is an agreement between you and the MTA. This OMNY Terms of Service Agreement (“Terms of Service”) sets forth the terms and conditions under which you (“you”, “visitor”, “user” or “customer”) agree to use the OMNY services offered by the MTA and the Affiliated Agencies, including by website and other electronic or related means such as within the OMNY system at subway turnstiles and entry gates and on buses (individual and collectively, the “Services”). These Terms of Service and our Privacy Policy apply to all visitors to our OMNY website, customers who use OMNY on the applicable subway and bus, and users who register for an account on the OMNY website, including customers who access our Services through a social media platform or search engine (“OMNY Account”). Failure to comply with these Terms of Service may result in termination of your ability to use the Services or termination of your OMNY Account as described below. PLEASE READ THESE TERMS OF SERVICE CAREFULLY. ADDITIONAL TERMS MAY APPLY TO ANCILLARY OMNY SERVICES, AND THOSE ADDITIONAL TERMS WILL BE DESCRIBED IN OTHER AGREEMENTS.
    2. How you accept these Terms of Service. By accessing the Services (i) on any computer, mobile phone, tablet, console, or other device, (ii) via a social media platform or search engine, or (iii) through use of a digital wallet on a smart device such as a mobile phone or wearable or contactless credit, debit or prepaid card, you confirm that you have read, understood, and agreed to be legally bound by these Terms of Service, whether or not you are registered for an OMNY Account. You also agree that MTA has the right to change these Terms of Service at any time, whether or not we post a notice of the changes on our websites, as we explain in more detail below. Your continued use of the Services shall be considered your acceptance of any revised Terms of Service. If you do not agree to these Terms of Service or any revisions to the Terms of Service, you should not use any of the Services or immediately discontinue your use of the Services.
    3. The MTA Privacy Policy applies to these Terms of Service. Your use of the Services is subject to our Privacy Policy, which is incorporated into these Terms of Service by reference. You may provide us with your Personal Information when you (i) register for an OMNY Account; (ii) contact the OMNY Customer Call Center through any means (email, customer service agent, interactive voice response system) and/or (iii) tap your contactless payment media. Personal Information may be collected by the MTA or our third party contractor who administers the Services on our behalf. For purposes of these Terms of Service, "Personal Information" means any information concerning a natural person that can be linked to that person. Information concerning your OMNY Account that is available online will be protected through the use of passwords and PIN numbers that you choose, and you are responsible for keeping secure and confidential. By providing us with your email address, you agree to receive information concerning your account and the program by email. In addition, third party contractors operate the OMNY website and assist the MTA with the OMNY Customer Call Center. These third party contractors are subject to our Privacy Policy. By using any of the Services, and/or registering for an OMNY Account, you agree that (a) you have read, understood, and accepted our Privacy Policy and (b) you allow the MTA, the Affiliated Agencies and the third party OMNY contractor(s) access to your Personal Information.
    4. MTA fare policy information. For information regarding fare policies of Affiliated Agencies participating in the Services, visit www.mta.info and www.omny.info. Transit fares are subject to change in accordance with MTA’s fare policies and applicable law.
    5. These Terms of Service may be changed at any time. Although we intend to provide accurate and timely information about OMNY and the Services on MTA and Affiliated Agencies websites, including the OMNY website, those websites may not always be entirely accurate, complete or current and may also include technical inaccuracies or typographical errors. In an effort to continue to provide you with as complete and accurate information as possible, information may be changed or updated from time to time without notice, including without limitation, information regarding our OMNY policies, and Services. Accordingly, you should verify all information before relying on it, and all decisions based on information contained on the websites are your sole responsibility and we shall have no liability for such decisions.
    6. Third party materials and websites. The Services may also contain links to websites, applications, social media platforms, search engines or other products or services operated by other companies (“Third Party Services”). For example, many mobile apps that MTA or the Affiliated Agencies promote are developed and offered by third parties. All decisions as to the placement of links to external sites or pages from the services will be made by MTA in its sole discretion. MTA and the Affiliated Agencies are not responsible for and do not endorse the content of any third-party website or service, nor do we warrant that a Third Party Services will be free of computer viruses or other harmful code that can impact your computer or other Web-access device. Third party websites are governed by the separate terms and privacy practices of such third parties. By using the OMNY website, mobile application(s) or other electronic means to search for or link to another site, you agree and understand that such use is at your own risk. In the case of third party apps, we list or link to them merely as a convenience to our users, and MTA or the Affiliated Agencies do not sponsor or endorse these apps. We expressly disclaim any liability for these Third Party Services.
    7. Third party platforms may be used for sign-in. The OMNY website may integrate with third-party platforms, such as Facebook and Google. If you sign-in through a third-party platform, you authorize the MTA or the Affiliated Agencies to collect, store, and use any information that you agreed the third-party platform would provide to the MTA or the Affiliated Agencies, such as your name, profile picture, unique identifier, and email address. When you use a third-party platform through the OMNY website, the third party may also have access to information about you and your use of the OMNY website. Please review these third parties’ privacy notices and terms of use carefully, as the MTA or the Affiliated Agencies do not control and cannot be responsible for these providers' privacy or information security practices.
    8. How to contact MTA OMNY Customer Service.
  2. OMNY FARE PAYMENT

    1. The OMNY fare. Currently, there is one fare product available via the OMNY fare payment system. Starting in May 2019, all fares collected using the OMNY fare payment system will be $2.75 per ride for subway and local bus and $6.75 per ride for express bus. This OMNY fare is subject to MTA fare policy changes, which shall be posted on MTA.info.
    2. How to use OMNY. Customers may pay their fare for travel on subway and/or bus by using OMNY readers. To use the OMNY fare payment system, you must use (i) a contactless credit, debit or prepaid card issued by a bank or financial institution and which has Offline Data Authentication (ODA) enabled (“card”) or (ii) a compatible digital wallet on a smart device, such as a smart phone or a wearable (examples of which include Apple Pay, GooglePay, Samsung Pay and Fitbit Pay) (individually and collectively, “OMNY Payment Methods”). OMNY Payment Methods can be used on any subway turnstile or gate or any bus equipped with an OMNY reader. Simply hold your OMNY Payment Method to the reader; you will be charged a fare for one ride, which will be charged to your card or the card account linked to your digital wallet each time you tap, with exception for allowable free transfers. To ensure proper functioning of the OMNY Payment Method, please remove your payment card from your wallet or purse before paying your fare. Please touch only the card or device you wish to use to an OMNY reader when you pay a fare. MTA is not responsible if your fare is charged to a card or through a smart device that you did not intend to use, due to your failure to properly adhere to these Terms of Service or other posted instructions.
      1. You may only use one method to pay a fare at an OMNY reader. You cannot split the payment of a fare between two or more OMNY Payment Methods, or between an OMNY Payment Method and the MetroCard®. If an OMNY Payment Method is declined at the reader, you can choose to try another OMNY Payment Method at the same reader or, in the alternative, use a MetroCard®.
      2. Transfer and passback rules that apply to MetroCard Pay-Per-Ride fares will also apply to fares for rides paid for through the OMNY fare payment system, in accordance with MTA fare policy. By way of clarification, an OMNY customer may transfer within and between the buses and subways within two (2) hours of the initial tap into the system (transfer), and may tap up to three (3) additional times for entry into the system, for a total of four (4) taps at one time (passback). The rules are exclusive to OMNY and to MetroCard® individually. By way of clarification, when a customer uses an OMNY Payment Method for one ride, the transfer or passback(s) is available only at OMNY readers; meaning a subsequent transfer or passback on MetroCard® will not be valid.
      3. Any OMNY Payment Method which does not have sufficient value, or is otherwise declined by the card issuer may result in your being denied entry into the subway or bus.
    3. When MTA may block your access to OMNY. OMNY Accounts and OMNY Payment Methods may be blocked or administratively frozen in certain circumstances. The card or digital wallet linked to your OMNY Account, at a minimum, will be blocked under the following circumstances:
      1. Permanent block
        • Account closed;
        • Documented safety risk to the transit system and/or customers;
        • Fraud;
        • Suspicion of other illegal activity, in MTA’s sole discretion; and/or
        • OMNY Payment Method reported stolen to the OMNY Customer Call Center (so long as the card is not cancelled with the card issuer), and which is not recovered by card holder.
      2. Temporary block
        • OMNY Payment Method reported lost or stolen to OMNY Customer Call Center (so long as the card is not cancelled with the card issuer);
        • OMNY Payment Method reported damaged;
        • OMNY Payment Method denied before customer account can be updated with bank;
        • Fraud or suspicion of fraud (i.e. while we investigate the alleged fraud); and/or
        • When an OMNY Payment Method is not authorized for a transaction by the financial institution when MTA submits the charge.
    4. How to remove a temporary block to your OMNY Payment Method or OMNY Account. A temporary block can be removed by calling OMNY Customer Call Center after you have resolved any issues with your card or other payment method. Multiple denials of a funding source could result in a disallowance of your ability to use that funding source. Conviction for a crime committed on MTA or an Affiliated Agency property or during the use of any MTA or Affiliated Agency service, including the Services, or posing a threat to the safety of others on MTA or Affiliated Agency property or using a service offered by MTA or an Affiliated Agency may result in loss of riding privileges and/or a permanent revocation of a special fare program riding privilege.
  3. OMNY ACCOUNTS

    Customers are not required to register for an OMNY Account in order to use the OMNY fare payment system. Benefits of signing up for an OMNY Account are access to longer duration of transaction history, opting to receiving email notifications. You must be 18 years of age or older in order to register for an OMNY Account.

    The following information, at a minimum, is required to register for an OMNY Account:

    • First name, last name
    • Phone number
    • Email address
    • Postal code
    • Acceptance of these Terms of Service

    In providing us with OMNY Account registration information, you confirm that the information is current, accurate and authentic. You agree to keep us updated if any of the information you provide changes. You authorize us to make inquiries, whether directly or through third parties, that we consider necessary to verify your identity or protect you and/or us against money laundering, the financing of terrorism, fraud, or any other illegal or suspicious activity, and to take action we reasonably deem necessary based on the results of such inquiries or investigations. When we carry out these inquiries or investigations, you acknowledge and agree that your personal information may be disclosed to prevent money laundering, fraud, the financing of terrorism, or any other illegal or suspicious activity to the appropriate authorities.

  4. INTELLECTUAL PROPERTY

    All information, software, artwork, text, video, audio, pictures, logos, and other content on or through the Services, including all associated intellectual property rights, are the property of MTA or its Affiliated Agencies or its licensors, and are protected by copyright and other intellectual property laws, or are included based on principles of "fair use." MTA retains all rights with respect to the OMNY website except those expressly granted to you in Section 5 (Limited Grant of Rights), below. As used on the OMNY website, mobile application(s), and/or for MTA goods or services related to OMNY generally, the MTA name and logo, the names of the Affiliated Agencies, the OMNY name and logo, “mta.info”, “OMNY.info”, the logos for the NYCTA subway lines, MTA official maps, other trademarks, service marks, and logos that we use, and any proprietary product or service names contained in the OMNY website and/or mobile application(s), are protected by copyright or are trademarks of MTA or the Affiliated Agencies and may not be copied, imitated or used, in whole or in part, without the prior written permission of the MTA. In addition, all banners, custom graphics, button icons, and scripts are service marks, trademarks and/or trade dress of the MTA, and may not be copied, imitated or used, in whole or in part, without the prior written permission of the MTA. Third-party trademarks that appear in connection with the Services are the property of their respective owners. You may not use any of the trademarks displayed in connection with the Services without the express written permission of MTA or the Affiliated Agencies.
  5. LIMITED GRANT OF RIGHTS

    Provided you comply with these Terms of Service, we grant you the right to access the OMNY website and Services for purposes of (i) learning more about the Services; (ii) registering for an OMNY Account, email or text notifications and/or alerts and other materials the MTA may make available from time to time; and (iii) submitting inquiries to us via the Contact Us feature on the OMNY website. This grant of rights includes your right to print out your OMNY Account information or other information about the Services, provided that (a) you, and anyone with whom you share the print outs, use the print outs in accordance with our Code of Conduct, detailed below and (b) you retain any copyright, trademark or other proprietary notices as they appear on the OMNY website on the print outs. Apart from these express rights to use the OMNY website and the Services, and print out OMNY website content in accordance with the Code of Conduct, you may not use, copy, modify, distribute, sell, or access the OMNY website, or any materials we have made available on the OMNY website, or reverse engineer or attempt to extract the source code of our software or our third party contractors’ software via the OMNY website. This grant of rights is for the sole purpose of enjoying the Services and are revocable at any time by the MTA and the Affiliated Agencies in their sole and absolute discretion.
  6. USER CONTENT

    Your feedback and participation are important to us. With respect to any content you submit or make available to MTA or the Affiliated Agencies (including through the Contact Us feature on the OMNY website and social media channels), such as your biography, comments, suggestions, pictures, videos, and other content, you grant to MTA and the Affiliated Agencies a non-exclusive, perpetual, worldwide, royalty-free, transferable license to use, copy, distribute, publicly display, modify, and create derivative works from such content. The rights you grant in this license are for the limited purpose of operating, promoting, and improving our Services, and to develop new services. This license continues even if you stop using our Services. Personal information we collect from you is subject to our Privacy Policy. In the event that you submit or post any creative suggestions, proposals, or ideas about our products and services, you agree that such submissions will be automatically treated as non-confidential and non-proprietary. We may use your feedback without any obligation or credit to you. You also represent and warrant that your user content does not and will not violate these Terms of Service or the rights of any third party, including infringing or misappropriating any third-party intellectual property and publicity rights or violating the privacy rights of another person.
  7. CODE OF CONDUCT

    As a condition to your use of the Services, you agree to follow our Code of Conduct set out below. Under this Code of Conduct, you shall not use, allow others to use, or assist any other person or entity to use the Services if such use constitutes "Prohibited Conduct", which shall include, but not be limited to, use that:
    • is for, or results in, activities that are illegal, abusive, or offensive, including, but not limited to: (i) commissioning or encouraging criminal offense, (ii) stalking, harassing, victimizing, degrading, intimidating and/or threatening others, (iii) invasion of privacy of others, such as seeking information on passwords or data belonging to another user, (iv) disrupting, hacking, or interfering with the Internet, any network, computers, or devices, (v) transmitting viruses, Trojan horses, worms, malware, exploits, root kits, malicious software, adware, time bombs, or other computer-programming routines that are intended to damage, detrimentally interfere with, surreptitiously intercept, or expropriate any system, data, or personal information, (vi) intellectual property infringement, (vii) intercepting or examining the content of messages, files or communications belonging to a third party; (viii) interference with a third party's service, or (x) submitting material that is intentionally inaccurate, deceptive, offensive, objectionable defamatory, threatening, illegal, or harassing;
    • constitutes or encourages conduct that violates applicable law and regulation, or would constitute a criminal offence or give rise to civil liability either in the United States or in any country throughout the world;
    • is a commitment or attempted commitment of fraud and/or fare evasion against the MTA;
    • is for reselling, transferring, distributing, sharing or exploiting for commercial purposes the Services or any aspect of the Services;
    • consumes the Services in a manner that could disable, overburden, or impair the Services or interfere with any other party's use and enjoyment of the Services; or
    • facilitates the violation of these Terms of Service.
    Engaging in Prohibited Conduct or other improper use of the Services is strictly prohibited. Any Prohibited Conduct shall constitute a violation of these Terms of Service and may result in civil or criminal liability. The MTA reserves the right to investigate potential violations and may involve, and cooperate with, law enforcement authorities in prosecuting users who are involved in such violations. Nothing in this Section 7 (Code of Conduct) is intended to supersede the Transit Adjudication Bureau Rules of Conduct and Fines, which rules govern the conduct and safety of the public in the use of facilities of the NYCTA and Manhattan and Bronx Surface Transit Operating Authority (“MaBSTOA”). You may obtain a copy of the rules at 21 New York Codes, Rules and Regulations, Chapter XXI, Part 1050.
  8. LIMITATION ON CUSTOMER’S PRIVILEGES

    1. Revocation or suspension of Customer’s Privileges. We reserve the right at any time to terminate or suspend your access to some or all of the OMNY website and/or the Services if you engage in activities that we conclude, in our sole and absolute discretion, breach our Code of Conduct.
    2. Disclosure. The MTA reserves the right at all times to disclose information it deems necessary to satisfy any applicable law, regulation, legal process, or governmental request, consistent with its Privacy Policy.
  9. OVERPAYMENTS AND REFUNDS

    Any request for an overpayment reconciliation or refund, due to alleged improperly functioning OMNY equipment must be submitted by you, and received by the OMNY Customer Call Center. Customer should be prepared to provide location of the equipment, the subway or bus route, date and time of the alleged occurrence. Other refund applications or requests will be governed by the fare policies found at mta.info.
  10. LOST, STOLEN, OR DAMAGED CARD OR DEVICE LINKED TO AN OMNY ACCOUNT

    It is important to report your OMNY Payment Method lost, stolen or damaged to both the card issuer, when applicable, and to the MTA. Please call 511 and ask for OMNY Customer Call Center or visit www.omny.info immediately to report your card or smart device linked to an OMNY Account as lost, stolen, or damaged. Once you notify us that your card is lost, stolen, or damaged, your card will be blocked from use at OMNY readers. Your OMNY Payment Method will be charged for taps made at OMNY readers until you notify us that your card is lost, stolen, or damaged.
  11. ADDITIONAL TERMS

    1. Terminating these Terms of Service. MTA and the Affiliated Agencies may terminate this agreement at any time and for any reason. We expressly reserve the right in our sole discretion to (i) suspend or terminate your OMNY Account, (ii) delete any or all of your user content, (iii) restrict your use of all or any part of the Services, and (iv) modify or discontinue any part of the Services, for any or no reason, without notice, and without liability to you or anyone else. We also reserve the right to block users from accessing the Services by using any technology available, such as blocking certain IP addresses or device numbers. Upon such termination, your use of your OMNY Account may be blocked.
    2. Disputes and Governing Law. This Agreement, and the rights and obligations of the parties hereto, shall be construed and enforced in all respects in accordance with the laws of the State of New York, without regard to any jurisdiction’s conflict of laws rules, laws or doctrines. Any and all claims, disputes or controversies arising out of, relating to, or connected in any way with the Parties’ rights and obligations under this Agreement, or with OMNY or OMNY products (each a “Claim”) shall be submitted exclusively to a court of competent jurisdiction sitting in the judicial district that includes New York City, and such court shall have exclusive jurisdiction regarding such Claim. You waive objection to the personal jurisdiction of such court, and the laying of venue in such judicial district.
    3. WARRANTY DISCLAIMER. ALTHOUGH MTA AND THE AFFILIATED AGENCIES ASPIRE TO PROVIDE OMNY INFORMATION THAT IS BOTH USEFUL AND ACCURATE, THE NATURE OF THE DATA AND OTHER INFORMATION AVAILABLE THROUGH THE SERVICES IS SUBJECT TO FREQUENT CHANGE. ACCORDINGLY, THE MATERIALS MAY NOT ALWAYS BE UP-TO-DATE, ACCURATE OR COMPLETE. THE SERVICES AND INFORMATION ARE PROVIDED “AS IS,” “AS AVAILABLE,” AND WITHOUT WARRANTY OF ANY KIND WHATSOEVER. YOU USE THE SERVICES AND INFORMATION, INCLUDING THE TRANSLATION SERVICES, AT YOUR OWN RISK. TO THE FULLEST EXTENT PERMITTED BY LAW, WE DISCLAIM ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS, IMPLIED, OR STATUTORY, INCLUDING, WITHOUT LIMITATION, IMPLIED WARRANTIES OF TITLE, QUALITY, PERFORMANCE, MERCHANTIBILITY, FITNESS FOR A PARTICULAR PURPOSE, ACCURACY, AND NON-INFRINGEMENT, AS WELL AS WARRANTIES IMPLIED FROM A COURSE OF DEALING OR COURSE OF PERFORMANCE. MTA AND THE AFFILIATED AGENCIES DO NOT WARRANT THAT THE SERVICES WILL BE CONTINUOUS, PROMPT, SECURE, OR ERROR-FREE. WE ASSUME NO LIABILITY FOR ANY ERRORS OR OMISSIONS, INCLUDING THE ACCURACY 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. WE ASSUME NO RESPONSIBILITY, AND SHALL NOT BE LIABLE FOR ANY DAMAGES TO YOUR EQUIPMENT, DEVICES, OR OTHER PROPERTY ARISING FROM YOUR USE OF THE SERVICES. YOU AGREE TO INDEMNIFY AND HOLD MTA AND THE AFFILIATED AGENCIES HARMLESS FROM AND AGAINST ANY AND ALL DAMAGE, LOSS, COSTS, EXPENSE, OR LIABILITIES RELATING TO, ARISING FROM, OR AS A RESULT OF YOUR USE OF OUR OMNY SERVICES. YOU AGREE TO PAY ANY COSTS, INCLUDING REASONABLE ATTORNEYS' FEES, INCURRED BY US TO ENFORCE THESE TERMS OF SERVICE.
    4. LIMITATION OF LIABILITY. NEITHER MTA, THE AFFILIATED AGENCIES NOR ANY OF THEIR AFFILIATES, LICENSORS, CLIENTS, SUPPLIERS, ADVERTISERS OR SPONSORS, NOR OUR OR THEIR DIRECTORS, OFFICERS, EMPLOYEES, CONSULTANTS, AGENTS OR OTHER REPRESENTATIVES (“MTA 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 MTA RELEASEES SHALL HAVE NO LIABILITY OR RESPONSIBILITY WHATSOEVER 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 OUR OMNY WEBSITE OR MOBILE APPLICATION, INCLUDING ANY CLAIM, CAUSE OF ACTION, OBLIGATION, LIABILITY, RIGHT, OR REMEDY WHETHER OR NOT ARISING FROM THE NEGLIGENCE OF MTA OR THE AFFILIATED AGENCIES OR THEIR RELEASEES, (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 OUR SITE, (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 MTA OR THE AFFILIATED AGENCIES, AND/OR (VI) THE FAILURE OF A PARTICIPATING TRANSIT AGENCY TO HONOR THE OMNY FARE PAYMENT SYSTEM. YOUR SOLE AND EXCLUSIVE REMEDY FOR DISSATISFACTION WITH THE SERVICES OR MATERIALS OR ANY LINKED SITE IS TO STOP USING THE SERVICES, MATERIALS, OR LINKED SITE, AS APPLICABLE. THE MAXIMUM LIABILITY OF MTA AND THE MTA RELEASEES, AND YOUR SOLE AND EXCLUSIVE REMEDY, FOR ALL DAMAGES, LOSSES SUFFERED BY YOU AND CAUSES OF ACTION, WHETHER IN CONTRACT, TORT (INCLUDING, WITHOUT LIMITATION, NEGLIGENCE) OR OTHERWISE, SHALL BE ONE HUNDRED DOLLARS ($100.00).
    5. Indemnification. You agree to indemnify, defend and hold MTA, the Affiliated Agencies, and the MTA Releasees 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 Terms of Service; (b) any allegation that any materials you submit to MTA or the Affiliated Agencies or transmit via our website or mobile application infringe or otherwise violate the copyright, trademark, trade secret or other intellectual property or other rights of any third party; and/or (c) your use of the OMNY website and Services.
    6. Severability. The invalidity of any term or terms of this Agreement shall not affect any other term of this Agreement, which shall remain in full force and effect.
    7. Assignment. These Terms of Service are personal to you. You may not assign these Terms of Service or any rights and licenses in these Terms of Service to another party. These Terms of Service may be assigned by MTA and the Affiliated Agencies without restriction.
    8. Rules, regulations and applicable law. Use of MTA services, including the Services and any ancillary OMNY services, is subject to all applicable tariffs, terms, conditions, rules, regulations, policies, procedures and law including, without limitation, the New York Freedom of Information Law. By using the Services, you agree to be bound by any and all applicable laws and the aforementioned Transit Adjudication Bureau Rules of Conduct and Fines.
    9. Further representations and warranties. You further represent and warrant that: (i) you are of legal age to use the Services; (ii) you have provided accurate and current information about yourself; (iii) you are eligible to use the Services and have the right and power to enter into these Terms of Service; (iv) you will comply with all federal, state, and local laws; (v) you will not use the Services, directly or indirectly, for any fraudulent undertaking or in any manner that interferes with the operation of the Services; and (vi) you will comply with these Terms of Service.
    10. Electronic communications. By using the Services, you agree to receive certain electronic communications from us, whether through the Services or by email. You agree that any notice, agreement, disclosure, or other communication that we send you electronically will satisfy any legal communication requirements, including that such communications be in writing. All calls, emails, and other communications between you and MTA or the Affiliated Agencies may be recorded and stored. All such communications from you shall be treated as user content hereunder.
    11. Survival. The terms that by their nature may survive termination shall remain in effect and survive the termination of the Terms of Service, including, without limitation, User Content; Code of Conduct; Intellectual Property; Indemnity; Warranty Disclaimer; Limitation of Liability; Limitation of Damages; and Additional Terms.
    12. No waiver. Our failure to exercise or enforce any right or provision of the Terms of Service will not constitute a waiver of that or any other right or provision.
    13. Force majeure. We shall not be liable for delays, failure in performance or interruption of the Services which result directly or indirectly from any cause or condition beyond our reasonable control, including but not limited to, any delay or failure due to any act of God, act of civil or military authorities, act of terrorists, civil disturbance, war, strike or other labor dispute, fire, interruption in telecommunications or Internet services or network provider services, failure of equipment and/or software, other catastrophe or any other occurrence which is beyond our reasonable control and shall not affect the validity and enforceability of any remaining provisions. Questions about these Terms of Service or our Privacy Policy should be directed to OMNY Customer Call Center at 511.
    14. No legal advice provided. The information presented on our OMNY website, mobile application(s) and other electronic means is provided as a courtesy by the MTA. These Terms of Service are not intended as a substitute for professional legal advice and do not constitute such.
    15. Entire agreement. The Terms of Service and the Privacy Policy constitute the entire agreement between you and us and govern your use of the services. The Terms of Service supersede any prior agreements, communications, representations, or understandings between you and us, including, without limitation, any prior versions of the Terms of Service.
  12. TRANSLATION SERVICES; GOVERNING LANGUAGE

    1. Disclaimer. The OMNY website allows you to translate its pages for your convenience using translation software powered by Google Translate (“Translation Services”). Reasonable efforts have been made to provide an accurate translation, however, no automated translation is perfect nor is it intended to replace human translators. Translations are provided "as is." No warranty of any kind, either expressed or implied, is made as to the accuracy, reliability, or correctness of any translations made from English into any other language. Some content (such as images, videos, Flash, etc.) may not be accurately translated due to the limitations of the translation software. THE MTA AND GOOGLE, EACH INDIVIDUALLY, DISCLAIM ALL WARRANTIES RELATED TO THE TRANSLATIONS, EXPRESS OR IMPLIED, INCLUDING ANY WARRANTIES OF ACCURACY, RELIABILITY, AND ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT.
    2. Governing language. For all purposes, the English language version of the OMNY Terms of Service and the OMNY Privacy Policy shall be the original, governing instruments and understanding between you and the MTA. Any discrepancies or differences created in the translation(s) are not binding and have no legal effect for compliance or enforcement purposes. For avoidance of doubt, in the event of a conflict between the English language version of the OMNY Terms of Service and/or the OMNY Privacy Policy and any subsequent translation into any other language, the English language versions of the OMNY Terms of Service and the OMNY Privacy Policy shall govern and control.