MC Airport Transit Service

These Terms of Service constitute a legally binding agreement (the “Agreement”) between you and Michigan City Airport Transit Service (“MCATS”) governing your use of the MCATS website, technology, facilities, applications, and platform.

PLEASE CONSIDER THE FOLLOWING: THIS AGREEMENT CONTAINS PROVISIONS THAT GOVERN HOW CLAIMS BETWEEN YOU AND MCATS CAN BE BROUGHT. THESE PROVISIONS WILL, WITH LIMITED EXCEPTION, REQUIRE YOU TO: (1) WAIVE YOUR RIGHT TO A JURY TRIAL, AND (2) SUBMIT CLAIMS YOU HAVE AGAINST MCATS TO BINDING AND FINAL ARBITRATION ON AN INDIVIDUAL BASIS, NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY CLASS, GROUP OR REPRESENTATIVE ACTION OR PROCEEDING.

By entering into this Agreement, and/or by using or accessing MCATS services, you expressly acknowledge that you understand this Agreement (including the dispute resolution and arbitration provisions) and accept all of its terms. IF YOU DO NOT AGREE TO BE BOUND BY THE TERMS AND CONDITIONS OF THIS AGREEMENT, YOU MAY NOT USE OR ACCESS MCATS WEBSITE OR ANY OF THE SERVICES PROVIDED THROUGH MCATS WEBSITE.

Modifications

MC Airport Transit Service (MCATS) reserves the right to modify the terms and conditions of this Agreement, and such modifications shall be binding on you only upon your acceptance of the modified Agreement. MCATS reserves the right to modify any information on pages referenced in the hyperlinks from this Agreement from time to time, and such modifications shall become effective upon posting. Continued use of MCATS website after any such changes shall constitute your acceptance of such changes. Unless material changes are made to the arbitration provisions herein, you agree that modification of this Agreement does not create a renewed opportunity to opt out of arbitration.

Creating an Account

By creating an account, you represent and warrant that you are at least 18 years old. Notwithstanding the foregoing, if you are the parent or legal guardian of a minor you may create a User account for such minor to use MCATS website subject to the following requirements and restrictions: (1) you ensure that the minor’s use of MCATS website is limited solely to accessing and using MCATS services; (2) you determine that MCATS services are suitable for the minor, (3) you ensure that the minor’s use of MCATS website and applicable MCATS services is done in compliance and acknowledgement of all applicable safety instructions and warnings in this Agreement, and MCATS website; (4) you ensure that the minor does not request or accept any MCATS services unless accompanied by you or an authorized guardian, and (5) you explain the terms of this Agreement to the minor.

By creating a User account for such minor, you hereby give permission and consent to the Agreement on the minor’s behalf, you expressly guarantee the minor’s acceptance, and your own acceptance, of the terms of this Agreement, and you shall assume any and all responsibility and liability for the minor’s use of MCATS website as provided by the terms of this Agreement. You will be responsible for any breach of the above representations, warranties and/or this Agreement, and/or any attempt of the minor to disaffirm this Agreement. Furthermore, you hereby represent that you are fully authorized to execute this Agreement on behalf of yourself and all other parents or legal guardians of the minor rider.

Charges

As a User, you understand that request or use of MCATS services may result in charges (“Charges”) to you. MCATS has the authority and reserves the right to determine and modify pricing by posting applicable pricing terms on the website.

• After requesting a ride you may cancel via email within 24 hours of your scheduled ride, but note that in certain cases a cancellation fee may apply. MCATS may also charge a fee if you fail to show up after requesting a ride. 
• If MCATS reports that you have materially damaged any property of MCATS, you agree to pay a “Damage Fee” of up to $250.00 depending on the extent of the damage (as determined by MCATS in its sole discretion), towards repair or cleaning. MCATS reserves the right (but is not obligated) to verify or otherwise require documentation of damages prior to processing the Damage Fee.
• If we receive a credible report that you have misused or abused the MCATS website, you agree to pay an “Abuse Fee” of up to $250.00 as determined by MCATS in its sole discretion. MCATS reserves the right (but is not obligated) to verify or otherwise require documentation of abuse prior to processing the Abuse Fee.
• When required by law, MCATS will collect applicable taxes.
• All Charges are facilitated through a third-party payment processor. MCATS may replace its third-party payment processor without notice to you. If your primary payment method expires, is invalid, or if Charges to your primary payment method are unable to be processed for whatever reason, then you agree that MCATS may charge your other available payment methods in the MCATS website. 
• All Charges are non-refundable except to the extent required by law. This no-refund policy shall apply at all times regardless of your decision to terminate usage of the MCATS website.
• You may receive coupons, credits, discounts, or other promotions (collectively, “Coupons”) that you can apply toward payment of certain Charges. Coupons are valid only for use on the MCATS website, and are not transferable or redeemable for cash except as required by law. Coupons cannot be combined unless expressly provided otherwise, and if the cost of your Charges exceeds the applicable Coupon value, we may charge your payment method on file for the Charges in excess of the Coupon amount. Additional restrictions on Coupons may apply as communicated to you in a relevant promotion.
• Upon addition of a new payment method or each request for MCATS Services, MCATS may seek authorization of your selected payment method to verify the payment method, ensure the Charges will be covered, and protect against unauthorized behavior. The authorization is not a charge, however, it may reduce your available credit by the authorization amount until your bank’s next processing cycle. Should the amount of our authorization exceed the total funds on deposit in your account, you may be subject to overdraft of NSF charges by the bank issuing your debit or prepaid card. MCATS is not responsible for these charges and is unable to assist you in recovering them from your issuing bank.

Communications

By entering into this Agreement or using the MCATS website, you agree to receive communications from us at any of the phone numbers provided to MCATS by you or on your behalf, and also via email, text message, calls, and push notifications. You agree that texts, calls or prerecorded messages may be generated by automatic telephone dialing systems. Communications from MCATS may include but are not limited to: operational communications concerning your account or use of the MCATS website. If you change or deactivate the phone number you provided to MCATS, you agree to update your account information to help prevent us from inadvertently communicating with anyone who acquires your old number. Standard text messaging charges applied by your cell phone carrier will apply to text messages we send.

You consent to us using your Information to create an account that will allow you to use the MCATS website. You agree to provide and maintain accurate, current and complete information and that we and other members of the public may rely on your Information as accurate, current and complete. To enable MCATS to use your Information for the purposes described in the Privacy Policy and this Agreement. MCATS does not assert any ownership over your Information; rather, as between you and MCATS, subject to the rights granted to us in this Agreement, you retain full ownership of all of your Information and any intellectual property rights or other proprietary rights associated with your Information.

Prohibited Activities

With respect to your use of the MCATS website and services, you agree that you will not:

• stalk, threaten, or otherwise harass any person, or carry any weapons;
• violate any law, statute, rule, permit, ordinance or regulation;
• interfere with or disrupt the MCATS website and/or services;
• post Information or interact on the MCATS website in a manner which is fraudulent, abusive, profane, sexually oriented, harassing, or illegal;
• use the MCATS website in any way that infringes any third party’s rights; 
• transfer, lend, or sell your account, password and/or identification, or any other’s information to any other party;
• use a false email address or other identifying information, impersonate or misrepresent any person or entity, or your affiliation with any person or entity, or otherwise omit, misrepresent, or mislead as to the origin or source of any entity accessing the MCATS website;
• discriminate against or harass anyone on the basis of race, national origin, religion, gender, gender identity or expression, physical or mental disability, medical condition, marital status, age or sexual orientation;
• misuse or abuse MCATS services; or
• cause any third party to engage in the restricted activities above.

Should you suspect that any unauthorized party may be using your account or you suspect any other breach of security or violation of this Agreement, you agree to notify us immediately.

Intellectual Property

All intellectual property rights in and to the MCATS website MCATS absolutely and in their entirety. 

MCATS and other logos, designs, graphics, icons, scripts and service names are registered trademarks in the United States. MCATS logo may not be used in any manner that is likely to cause confusion.

Disclaimers

Please take a moment to read and understand the following disclaimers made on behalf of MCATS. By accessing and using MCATS, you agree to comply with the terms outlined below.

THE MCATS WEBSITE IS PROVIDED ON AN “AS IS” BASIS AND WITHOUT ANY WARRANTY OR CONDITION, EXPRESS OR IMPLIED. WE DO NOT GUARANTEE AND DO NOT PROMISE ANY SPECIFIC RESULTS FROM USE OF THE MCATS WEBSITE. TO THE FULLEST EXTENT PERMITTED BY LAW, WE SPECIFICALLY DISCLAIM ANY IMPLIED WARRANTIES OF TITLE, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT.

WE DO NOT WARRANT THAT YOUR USE OF THE MCATS WEBSITE WILL BE RELIABLE, ACCURATE, COMPLETE, SECURE, ALWAYS AVAILABLE, ERROR-FREE, UNINTERRUPTED, WILL MEET YOUR REQUIREMENTS, THAT ANY DEFECTS IN THE MCATS WEBSITE WILL BE CORRECTED, OR THAT THE MCATS WEBSITE IS FREE FROM VIRUSES OR OTHER HARMFUL COMPONENTS. YOU ARE RESPONSIBLE AT ALL TIME FOR YOUR CONDUCT AND THE CONSEQUENCES OF YOUR CONDUCT WHILE USING THE MCATS WEBSITE. WE DO NOT ACCEPT RESPONSIBILITY OR LIABILITY FOR ANY CONTENT, COMMUNICATION OR OTHER USE OR ACCESS OF THE MCATS WEBSITE BY PERSONS UNDER THE AGE OF 18 IN VIOLATION OF THIS AGREEMENT. 

YOU ARE RESPONSIBLE FOR THE USE OF YOUR ACCOUNT AND MCATS EXPRESSLY DISCLAIMS ANY LIABILITY ARISING FROM THE UNAUTHORIZED USE OF YOUR ACCOUNT.

MCATS SHALL NOT BE RESPONSIBLE OR LIABLE FOR ANY FEES, COSTS, OR OVERAGE CHARGES ASSOCIATED WITH ANY DATA PLAN YOU USE TO ACCESS THE MCATS WEBSITE.

MCATS shall not be in breach of this agreement nor liable for failure or delay in performing obligations under this agreement if such failure or delay results from events, circumstances, or causes beyond its reasonable control including but not limited to natural disasters or acts of God; labor disputes or stoppages; government action; acts of domestic or international terrorism; quarantines; epidemic or pandemic; war; chemical or biological contamination; riots; strike; national or regional emergencies; or any other cause, whether similar in kind to the foregoing or otherwise, beyond the party’s reasonable control. All service dates under this agreement affected by force majeure shall be tolled for the duration of such force majeure. The parties hereby agree, when feasible, not to cancel but to reschedule pertinent obligations as soon as practicable after the force majeure condition ceases to exist. 

Indemnity

You agree to indemnify and hold MCATS harmless from and against any and all actions, claims, demands, losses, liabilities, costs, damages, and expenses arising out of or in connection with: (1) your use of the services; (2) your breach or violation of any of these terms; or (3) MCATS’ use of your account content.

Limitation of Liability

IN NO EVENT WILL MICHIGAN CITY AIRPORT TRANSIT SERVICE (“MCATS”) BE LIABLE TO YOU FOR ANY INCIDENTAL, SPECIAL, EXEMPLARY, PUNITIVE, CONSEQUENTIAL, OR INDIRECT DAMAGES (INCLUDING DAMAGES FOR DELETION, CORRUPTION, LOSS OF DATA, LOSS OF PROGRAMS, FAILURE TO STORE ANY INFORMATION OR OTHER CONTENT MAINTAINED OR TRANSMITTED BY THE MCATS WEBSITE, SERVICE INTERRUPTIONS, OR FOR THE COST OF PROCUREMENT OF SUBSTITUTE SERVICES) ARISING OUT OF OR IN CONNECTION WITH THE MCATS WEBSITE AND SERVICES, THE TERMINAL TO DOOR AND OR RIDESHARE SERVICES, OR THIS AGREEMENT, HOWEVER ARISING INCLUDING NEGLIGENCE, EVEN IF WE KNOW OR HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THE MCATS WEBSITE MAY BE USED BY YOU TO REQUEST AND SCHEDULE TRANSPORTATION, BUT YOU AGREE THAT MCATS HAS NO RESPONSIBILITY OR LIABILITY TO YOU RELATED TO ANY TRANSPORTATION SET FORTH IN THIS AGREEMENT. MCATS HAS NO RESPONSIBILITY OR LIABILITY FOR ANY DAMAGES ARISING OUT OF OR IN CONNECTION WITH YOUR USE OF OR RELIANCE ON TRANSPORTATION SET FORTH IN THIS AGREEMENT.

If you have any questions regarding MCATS services, please contact us through our email.

MCATS Privacy Policy

Last Updated: May 1, 2024

This Privacy Policy is meant to help you understand how MCATS collect, use, and share some of your personal information in order to improve individuals of the community's lives with efficient transportation.

Scope

This policy applies to all MCATS users. This policy applies only to personal information, not to aggregate information or information that does not identify you. Please remember that your use of the MCATS website is also subject to our Terms of Service. 

Information Collected

When you create an account with MCATS, we collect the information you provide us, such as your name, email address, phone number, birth date, and payment information. You may choose to share additional info with us and set up other preferences. We may ask that you provide additional information related to the identity of your account, such as documents related to identification. 

When you contact us or we contact you, including through surveys or research projects, we collect any information that you provide, including the contents of the messages or attachments you send us.

We collect information about your use of the MCATS website, including ride information like the date, time, destination, distance, route, payment, and whether you used a promotional or referral code, if applicable. We also collect information about your interactions with the MCATS website including the pages and content you view and the dates and times of your use.

We collect information about the devices you use to access the MCATS website, including device model, IP address, type of browser, version of operating system, identity of carrier and manufacturer, radio type, preferences and settings, application installations, device identifiers, advertising identifiers, and push notification tokens.

We collect information through the use of “cookies”, tracking pixels, and data analytics tools. Cookies are small text files that web servers place on your device; they are designed to store basic information and to help websites and apps recognize your browser. We may use both session cookies and persistent cookies. A session cookie disappears after you close your browser. A persistent cookie remains after you close your browser and may be accessed every time you use the MCATS website.

Use of Your Information

We use your personal information to provide an intuitive, useful, efficient, and worthwhile experience on our website. To do this, we use your personal information to:

• Verify your identity and maintain your account, settings, and preferences;
• Calculate prices and process payments;
• Communicate with you about your use of the MCATS and experience; and
• Collect feedback regarding your experience.

We use your personal information to maintain the security and safety of MCATS website and its users. Providing you a secure and safe experience drives our platform, both on the road and on our apps. To do this, we use your personal information to:

• Authenticate and verify users;
• Investigate and resolve incidents, accidents, and insurance claims; and
• Find and prevent fraud.

We use your personal information to provide customer support. We work hard to provide the best experience possible, including supporting you when you need it. To do this, we use your personal information to:

• Investigate and assist you in resolving questions or issues you have regarding the MCATS website; and
• Provide you support or respond to you.

We use your personal information to improve the MCATS website. We are always working to improve your experience and provide you with new and helpful features. To do this, we use your personal information to:

• Perform research, testing, and analysis;
• Develop new products, features, partnerships, and services;
• Prevent, find, and resolve software or hardware bugs and issues; and
• Monitor and improve our operations and processes, including security practices, algorithms, and other modeling.

We use your personal information to respond to legal proceedings and requirements. Sometimes the law, government entities, or other regulatory bodies impose demands and obligations on us with respect to the services we seek to provide. In such a circumstance, we may use your personal information to respond to those demands or obligations.

Disclosing Your Information

We do not sell your personal information to third parties for money -- no one can buy the personal information we collect from and about you and we do not act as a data broker. However, we may need to share your personal information with third parties to deliver relevant personalized ads to you on and off the MCATS website. Some of these disclosures may constitute “sharing” or the “sale” of personal information for “targeted advertising” purposes under certain local privacy laws.

We may disclose your personal information in response to a legal obligation, or if we have determined that disclosing your personal information is reasonably necessary or appropriate to:

• Comply with any applicable federal, state, or local law or regulation, civil, criminal or regulatory inquiry, investigation or legal process, enforceable governmental request, or requirement as condition to operate (e.g., operating permit, license or agreement);
• Respond to legal process (such as a search warrant, subpoena, summons, or court order);
• Enforce our Terms of Service;
• Cooperate with law enforcement agencies concerning conduct or activity that we reasonably and in good faith believe may violate federal, state, or local law; or
• Exercise or defend legal claims, protect against harm to our rights, property, interests, or safety or the rights, property, interests, or safety of you, third parties, or the public as required or permitted by law.

Protecting Your Information

We retain your information for as long as necessary to provide you and our other users the MCATS website. This means we keep your profile information for as long as you maintain an account. We retain transactional information such as rides and payments for at least seven years to ensure we can perform legitimate business functions, such as accounting for tax obligations. We also retain your information as necessary to comply with our legal obligations, resolve disputes and enforce our terms and policies. 

We take reasonable and appropriate measures designed to protect your personal information. But no security measures can be 100% effective, and we cannot guarantee the security of your information, including against unauthorized intrusions or acts by third parties.

Minors

MCATS is not directed to children, and we don’t knowingly collect personal information from children under the age of 18. If we find out that a child under 18 has given us personal information, we will take steps to delete that information. If you believe that a child under the age of 18 has given us personal information, please contact us.

Links to Third-Party Websites

The MCATS website may contain links or references to third-party websites, products, or services. Those third parties may have privacy policies that differ from ours. We are not responsible for those third parties and their websites, products or services, and we recommend that you review their policies. Please contact those parties directly if you have any questions about their privacy policies.

Modifications

We may update this policy from time to time as MCATS website changes and privacy law evolves. If we update it, we will do so online, and if we make material changes, we will let you know through the MCATS website or by some other method of communication like email. When you use MCATS, you are agreeing to the most recent terms of this policy.

Contact Us

If you have any questions or concerns about your privacy or anything in this policy, including if you need to access this policy in an alternative format, we encourage you to contact us.