Terms of Use

Effective Date: 4/25/2026

1. Your Acceptance

a. By using and/or visiting this website or its associated app (the “App”), you agree to (1) these terms and conditions (the “Terms of Use”), and (2) The App Privacy Policy. If you do not agree to any of these terms or the privacy policy, please do not use the Website or the App.

b.  Although we may attempt to notify you when major changes are made to these Terms of Use, you should periodically review the most up-to-date version. The Town of Great Barrington (the “Town”) may update these Terms of Use from time to time. Where practical, reasonable notice will be provided prior to material changes. Nothing in this Agreement shall be deemed to confer any third-party rights or benefits.

2. Website

These Terms of Use apply to all users of the Website and App, including users who are also contributors of content, information, and other materials or services on the Website and App. The Website and App include all aspects of this website and its associated app, including but not limited to all products, software and services offered via the website such as the South County Connector features, Website and other applications.

3. General Use of the Website and App — Permissions and Restrictions

a.  The transit service is operated by the Town of Great Barrington. The application and platform are provided in partnership with a third-party vendor. The Town retains responsibility for service operations, policies, and customer service.

b.  The Town hereby grants you permission to access and use the Website and App as set forth in these Terms of Use, provided that:

c.  Notwithstanding the foregoing, the Town grants the operators of public search engines permission to use spiders to copy materials from the site for the sole purpose of and solely to the extent necessary for creating publicly available searchable indices of the materials, but not caches or archives of such materials. The Town reserves the right to revoke these exceptions either generally or in specific cases. You agree not to collect or harvest any personally identifiable information from the Website and App, nor to use the communication systems provided by the Website or App (e.g. blog comments, email) for any commercial solicitation purposes.

d . In your use of the Website, you will otherwise comply with the terms and conditions of these Terms of Use and all applicable local, national, and international laws and regulations.

e . The Town reserves the right to discontinue any aspect of the Website or the App at any time.

f.  The application and transit service may be subject to interruptions, delays, or changes based on operational needs, maintenance, or other factors outside the Town’s control.

4. Warranty Disclaimer

YOU AGREE THAT YOUR USE OF THE WEBSITE SHALL BE AT YOUR SOLE RISK. TO THE FULLEST EXTENT PERMITTED BY LAW, ITS OFFICERS, DIRECTORS, EMPLOYEES, AND AGENTS DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, IN CONNECTION WITH THE WEBSITE AND YOUR USE THEREOF. THE TOWN MAKES NO WARRANTIES OR REPRESENTATIONS ABOUT THE ACCURACY OR COMPLETENESS OF THIS WEBSITE’S OR THE APP’S CONTENT OR THE CONTENT OF ANY SITES LINKED TO THIS WEBSITE OR THE APP AND ASSUMES NO LIABILITY OR RESPONSIBILITY FOR ANY (I) ERRORS, MISTAKES, OR INACCURACIES OF CONTENT, (II) PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER, RESULTING FROM YOUR ACCESS TO AND USE OF OUR WEBSITE OR APP, (III) ANY UNAUTHORIZED ACCESS TO OR USE OF OUR SECURE SERVERS AND/OR ANY AND ALL PERSONAL INFORMATION AND/OR FINANCIAL INFORMATION STORED THEREIN, (IV) ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM OUR WEBSITE OR THE APP, (V) ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE WHICH MAY BE TRANSMITTED TO OR THROUGH OUR WEBSITE OR THE APP BY ANY THIRD PARTY, AND/OR (VI) ANY ERRORS OR OMISSIONS IN ANY CONTENT OR FOR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF THE USE OF ANY CONTENT MADE AVAILABLE VIA THE WEBSITE OR THE APP. THE TOWN DOES NOT WARRANT, ENDORSE, GUARANTEE, OR ASSUME RESPONSIBILITY FOR ANY PRODUCT OR SERVICE ADVERTISED OR OFFERED BY A THIRD PARTY THROUGH THE WEBSITE OR APP OR ANY HYPERLINKED WEBSITE OR APP OR FEATURED IN ANY BANNER OR OTHER ADVERTISING, AND THE TOWN WILL NOT BE A PARTY TO OR IN ANY WAY BE RESPONSIBLE FOR MONITORING 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.

5. Limitation of Liability

a . IN NO EVENT SHALL THE TOWN, ITS OFFICERS, DIRECTORS, EMPLOYEES, OR AGENTS, BE LIABLE TO YOU FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE, OR CONSEQUENTIAL DAMAGES WHATSOEVER RESULTING FROM ANY (I) ERRORS, MISTAKES, OR INACCURACIES OF CONTENT, (II) PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER, RESULTING FROM YOUR ACCESS TO AND USE OF OUR WEBSITE OR APP, (III) ANY UNAUTHORIZED ACCESS TO OR USE OF OUR SECURE SERVERS AND/OR ANY AND ALL PERSONAL INFORMATION AND/OR FINANCIAL INFORMATION STORED THEREIN, (IV) ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM OUR WEBSITE OR APP, (V) ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE, WHICH MAY BE TRANSMITTED TO OR THROUGH OUR WEBSITE OR APP BY ANY THIRD PARTY, AND/OR (VI) ANY ERRORS OR OMISSIONS IN ANY CONTENT OR FOR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF YOUR USE OF ANY CONTENT MADE AVAILABLE VIA THE WEBSITE OR APP, WHETHER BASED ON WARRANTY, CONTRACT, TORT, OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT THE COMPANY IS ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THE FOREGOING LIMITATION OF LIABILITY SHALL APPLY TO THE FULLEST EXTENT PERMITTED BY LAW IN THE APPLICABLE JURISDICTION.

b . The Website and App are controlled and offered by the Town from its facilities in the United States of America. The Town makes no representations that the Website or App is appropriate or available for use in other locations. Those who access or use the Website or App from other jurisdictions do so at their own volition and are responsible for compliance with local law.

6. Indemnity

You agree to defend, indemnify and hold harmless the Town, its officers, directors, employees and agents, from and against any and all claims, damages, obligations, losses, liabilities, costs or debt, and expenses (including but not limited to attorney’s fees) arising from: (i) your use of and access to the Website and/or App; or (ii) your violation of any term of these Terms of Use. This defense and indemnification obligation will survive these Terms of Use and your use of the Website and/or App.

7. Ability to Accept Terms of Use

You affirm that you are either more than 18 years of age, or an emancipated minor, or possess legal parental or guardian consent, and are fully able and competent to enter into the terms, conditions, obligations, affirmations, representations, and warranties set forth in these Terms of Use, and to abide by and comply with these Terms of Use.

8. Assignment

These Terms of Use, and any rights and licenses granted hereunder, may not be transferred or assigned by you, but may be assigned by the Town without restriction.

9. General

You agree that: (i) the Website and App shall be deemed solely based in Massachusetts; and (ii) the Website and/or App shall be deemed a passive website and/or application that does not give rise to personal jurisdiction over the Town, either specific or general, in jurisdictions other than Massachusetts. These Terms of Use shall be governed by the internal substantive laws of the Commonwealth of Massachusetts, without respect to its conflict of laws principles. Any claim or dispute between you and the Town that arises in whole or in part from the Website or App shall be decided exclusively by a state court of competent jurisdiction located in Berkshire County, Massachusetts. These Terms of Use, together with the Privacy Policy and any other legal notices published on the Website or App, shall constitute the entire agreement between you and the Town concerning the Website or App. If any provision of these Terms of Use is deemed invalid by a court of competent jurisdiction, the invalidity of such provision shall not affect the validity of the remaining provisions of these Terms of Use, which shall remain in full force and effect. No waiver of any term of these Terms of Use shall be deemed a further or continuing waiver of such term or any other term, and the Town’s failure to assert any right or provision under these Terms of Use shall not constitute a waiver of such right or provision. The Town reserves the right to amend these Terms of Use from time to time. Where practical, reasonable notice will be provided prior to material changes, and it is your responsibility to review these Terms of Use for any updates. Your use of the Website or App following any amendment of these Terms of Use will signify your assent to and acceptance of its revised terms. YOU AND THE TOWN AGREE THAT ANY CAUSE OF ACTION ARISING OUT OF OR RELATED TO THE WEBSITE MUST COMMENCE WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION ACCRUES. OTHERWISE, SUCH CAUSE OF ACTION IS PERMANENTLY BARRED.

10. Data Use and Public Records

a. Data Use Limitation

Information collected through the application will be used solely for the purpose of providing and improving transit services operated by the Town and will not be used for unrelated or commercial purposes without the Town’s authorization.

b. Public Records Notice

As a municipal service, certain information provided to or collected by the Town may be subject to disclosure in accordance with applicable public records laws.