Terms of Service

The following terms and conditions govern all use of the City of Portland’s Transportation Wallet web-based and mobile applications and all associated content and services (collectively, “the Transportation Wallet”) available to eligible users (“Users”). The Transportation Wallet includes transportation incentives. The Transportation Wallet is owned and operated by the City of Portland (“the City” or “City”). The Transportation Wallet is offered subject to your acceptance, without modification, of all the terms and conditions contained herein and all other operating rules, policies (including, without limitation, the City’s privacy policies) and procedures that may be published from time to time by the City (collectively, “this Agreement”).

Please read this Agreement carefully before accessing or using the Transportation Wallet. By accessing or using any part of the Transportation Wallet, you agree to become bound by the terms and conditions of this Agreement. If you do not agree to all the terms and conditions of this Agreement, then you may not access the Transportation Wallet. If these terms and conditions are considered an offer by the City, acceptance is expressly limited to these terms.

The Transportation Wallet is available only to eligible individuals who are at least 13 years old. The City complies with the requirements of the Children’s Online Privacy Protection Act (“COPPA”) and the Federal Trade Commission’s rule interpreting COPPA (16 CFR § 512). The Transportation Wallet is not directed at individuals younger than age 13, and the City does not knowingly collect any personal information through the Transportation Wallet from anyone under 13. If the City learns that personal information of an individual under age 13 has been provided to the City without parental or legal guardian consent, the City will delete that information from its databases.

1. Your Transportation Wallet Account.
   1. Account registration. The Transportation Wallet is only available to Users. By using the Transportation Wallet after verifying you meet the City’s eligibility criteria (see Section 3, “Eligibility”), you agree to the terms herein for access to and use of the Transportation Wallet.
   2. Payments.The Transportation Wallet can be made available to a User for a fee or be offered at no cost depending on eligibility criteria and program rules. The Transportation Wallet is provided by the City and becomes the property of the City in the event a User revokes usage thereof. A User will not be eligible for reimbursement for any portion of the Transportation Wallet contents from any third-party service.
   3. Refunds.Payments are not refundable except in the instance of duplicate payment or overpayment for the Transportation Wallet. The transportation incentives offered by the Transportation Wallet account belong to the City, not to the User, and will be refunded to the City in the event a User of the Transportation Wallet attempts to receive a refund or reimbursement for ride credits from a third-party service.
   4. Non-transferability. The Transportation Wallets and its contents, including Transportation Wallet access codes granting access to the Transportation Wallet, are non-transferrable.
   5. Deactivation.The City maintains the right to deactivate a Transportation Wallet account in the event of misuse, abuse, or misconduct of the Transportation Wallet or other behavior deemed by the City to be suspicious or malicious.
2. Services.
   1. Account Registration. Accounts can be created by you or assigned to you by an administrator, such as authorized City staff, service provider, or the City of Portland Customer Service Center. An administrator may be able to access, edit, or disable your account. Once your account has been created, you may also need to link a card to your account through your account profile. You are responsible for any activity that occurs under your account. Keep your username and password secure and do not allow anyone else to use them to access the Services. The City is not responsible for any loss that results from the unauthorized use of your username and password, with or without your knowledge.
   2. Third party services. The Transportation Wallet may contain links to websites, applications, or products and services operated by other companies (“Third-Party Services”). TriMet’s Hop card and many mobile apps offered by ride-sharing services, including scooters, bicycles or other forms of transportation offered by a third party, are examples. The City makes all decisions as to the placement of links to external sites or pages from the Transportation Wallet. However, even where a link to an external page or site may be included in the Transportation Wallet, the City is not responsible for and does not endorse or sponsor the content of any third-party website, mobile app or service. These are provided to you merely as a convenience. Third-party websites, mobile apps, and services are governed by the terms and privacy practices of those third parties. You access any Third-Party Services at your own risk. The City expressly disclaims any liability for Third-Party Services.
   3. Technical Support. The City will provide technical support assistance by email or phone at any time (with reasonable efforts by the City to respond within one business day) concerning use of the Transportation Wallet. All support will be provided in accordance with the City’s standard services practices, procedures and policies. For support regarding use of a featured transportation service, Users are directed to contact the companies directly. See Frequently Asked Questions for contact information.
3. Eligibility. A Transportation Wallet is made available to people who live and/or work in Multnomah County who meet specific eligibility requirements which include, but are not limited to home address, work address, and income threshold. Only one Transportation Wallet account per User is permitted. Participation in the Transportation Wallet Program is at the discretion of the City and can be revoked at any time for misuse, abuse, or fraudulent behavior.
4. Privacy and Information Protection. The City takes your privacy seriously. Your information will be used only for the specific purpose defined by the Transportation Wallet. We may collect information like your name, email, personal address, work address, or phone number to provide the Transportation Wallet if you meet eligibility requirements (see Section 3, “Eligibility”). All data and information collected by the City becomes a public record and is potentially subject to disclosure under state law. In Oregon, laws exist to ensure that government is open and that the public has a right to access appropriate records and information entrusted to the City government. There are exceptions to the public’s right to access public records including privacy and safety of individuals. In the event of a conflict between the City’s privacy policy and the Oregon Public Records Act or other law governing the disclosure of records, the law will take precedence. The City’s privacy policy can be accessed at https://www.portland.gov/help/about/privacy.
5. Data Sharing. The City may share User information with third parties for the purpose of providing the Transportation Wallet and User authentication. This information may include, but is not limited to, name, email, account number, and account balance.
6. Copyright Infringement and DMCA Policy. As the City asks others to respect its intellectual property rights, it respects the intellectual property rights of others. If you believe that material located on or linked to by the Transportation Wallet violates your copyright, you are encouraged to notify the City in accordance with the City’s Digital Millennium Copyright Act (“DMCA”) Policy. The City will respond to all such notices, including as required or appropriate by removing the infringing material or disabling all links to the infringing material. The City will terminate a visitor’s access to and use of the Transportation Wallet if, under appropriate circumstances, the visitor is determined to be a repeat infringer of the copyrights or other intellectual property rights of the City or others. In the case of such termination, the City will have no obligation to provide a refund of any amounts previously paid to the City.
7. Intellectual Property. This Agreement does not transfer from the City to you any of the City’s or a third-party’s intellectual property, and all right, title and interest in and to such property will remain (as between the parties) solely with the City. The Transportation Wallet name, the City’s seal and logos, and all other trademarks, service marks, graphics, and logos used in connection with the Transportation Wallet are trademarks or registered trademarks of the City or the City’s licensors. Other trademarks, service marks, graphics, and logos used in connection with the Transportation Wallet may be the trademarks of other third parties. Your use of the Transportation Wallet grants you no right or license to reproduce or otherwise use any City or third-party trademarks.
8. Changes. The City reserves the right, at its sole discretion, to modify or replace any part of this Agreement. It is your responsibility to check this Agreement periodically for changes. Your continued use of or access to the Transportation Wallet following the posting of any changes to this Agreement constitutes acceptance of those changes. The City may also, in the future, offer new services and/or features through the Transportation Wallet (including the release of new tools and resources). Such new features and/or services shall be subject to the terms and conditions of this Agreement.
9. Request for Public Accommodations. The City ensures meaningful access to City programs, services, and activities to comply with Civil Rights Title VI and ADA Title II laws and reasonably provides translation, interpretation, modifications, accommodations, alternative formats, auxiliary aids, and services. Request these services online or call 503-823-4000, Relay Service: 711. 
10. Termination of Service. The City may terminate your access to all or any part of the Transportation Wallet at any time, with or without cause, with or without notice, effective immediately. If you wish to terminate this Agreement or your Transportation Wallet account (if you have one), you may simply discontinue using the Transportation Wallet. All provisions of this Agreement which by their nature should survive termination shall survive termination, including, without limitation, ownership provisions, warranty disclaimers, indemnity, and limitations of liability.
11. Disclaimer of Warranties. The Transportation Wallet is provided “as is.” The City and its suppliers and licensors hereby disclaim all warranties of any kind, express or implied, including, without limitation, the warranties of merchantability, fitness for a particular purpose and non-infringement. Neither the City nor its suppliers or licensors make any warranty that the Transportation Wallet will be error-free or that access thereto will be continuous or uninterrupted. You understand that you download from, or otherwise obtain content or services through, the Transportation Wallet at your own discretion and risk.
12. Limitation of Liability. In no event will the City or its suppliers or licensors be liable with respect to any subject matter of this Agreement under any contract, negligence, strict liability, or other legal or equitable theory for: (i) any special, incidental or consequential damages; (ii) the cost of procurement for substitute products or services; (iii) for interruption of use or loss or corruption of data. The City shall have no liability for any failure or delay due to matters beyond its reasonable control. The foregoing shall not apply to the extent prohibited by applicable law.
13. General Representation and Warranty. You represent and warrant that (i) your use of the Transportation Wallet will be in strict accordance with the City’s privacy policy, with this Agreement and with all applicable laws and regulations (including, without limitation, any local laws or regulations in your country, state, city, or other governmental area, regarding online conduct and acceptable content, and including all applicable laws regarding the transmission of technical data exported from the United States or the country in which you reside) and (ii) your use of the Transportation Wallet will not infringe or misappropriate the intellectual property rights of any third party.
14. Indemnification. You agree to indemnify and hold the City and its contractors, licensors, and their respective directors, officers, employees, and agents harmless from and against all claims and expenses, including attorneys’ fees, arising out of your use of the Transportation Wallet, including but not limited to your violation of this Agreement.
15. Miscellaneous. This Agreement constitutes the entire agreement between the City and you concerning the subject matter hereof and may only be modified by a written amendment signed by an authorized executive of the City or by the posting by the City of a revised version. Except to the extent that an applicable law, if any, provides otherwise, this Agreement and any access to or use of the Transportation Wallet will be governed by the laws of the State of Oregon, excluding its conflict of law provisions, and the proper venue for any disputes arising out of or relating to any of the same will be the state and federal courts located in Portland, Oregon. If any part of this Agreement is held invalid or unenforceable, that part will be construed to reflect the parties’ original intent and the remaining portions will remain in full force and effect. A waiver by either party of any term or condition of this Agreement or any breach thereof, in any one instance, will not waive such term or condition or any subsequent breach thereof. You may assign your rights under this Agreement to any party that consents to, and agrees to be bound by, its terms and conditions. The City may assign its rights under this Agreement without condition. This Agreement will be binding upon and will inure to the benefit of the parties, their successors and permitted assigns.