Website Terms of Use

1. Overview

This document describes the terms you agree to by using this website.

These terms of use (“Terms of Use”) are entered into between you (“you” and “your”) and Community Transit, Everett Transit, King County Metro, Kitsap Transit, Pierce Transit, Sound Transit, and Washington State Ferries, collectively referred to as “ORCA”. The Terms of Use govern your access to and use of the ORCA website at www.myORCA.com, including any content, functionality and services offered on or through it (the “Website”).

By using the Website, you agree to be bound and abide by these Terms of Use. ORCA may terminate your ability to use the Website without notice if you do not comply with the Terms of Use. If you do not agree to these Terms of Use, you must not access or use the Website.

This Website is not intended for children under 13 years of age. ORCA does not knowingly collect information from children under 13. If you are under 13, do not use this Website or provide any information about yourself to ORCA, including your name, address, telephone number or email address.

ORCA reserves the right to make changes to the Website and to the Terms of Use at any time. All changes are effective immediately when posted. Your continued use of the Website following the posting of revised Terms of Use means that you accept and agree to the changes.

2. Intellectual Property

We own this web content and this ownership limits how you can use our information.

The Website and its entire contents, features and functionality (including but not limited to text, graphics, video, logos, button icons, databases and images) (“Website Content”) are the property of ORCA or its licensors and are protected by copyright, trademark and other intellectual property laws.

The ORCA names and related logos are registered trademarks of Sound Transit on behalf of ORCA. ORCA’s trademarks may not be used without advance written permission of ORCA, including in connection with any product or service that is not ORCA, in any manner that is likely to cause confusion among customers, or in any manner that disparages, discredits, or misrepresents ORCA. Other products or company names mentioned on the Website may be trademarks of their respective owners.

Notwithstanding the foregoing, ORCA welcomes requests from the media or other organizations to use Website Content. ORCA must approve all uses in advance in writing. Such requests must be directed to info@myORCA.com or to:

Marketing & Communications
Regional ORCA Operations Team
401 S. Jackson St.
Seattle, WA 98104 USA

Individuals or organizations receiving permission to use images that are ORCA’s property must credit ORCA for such use (i.e. “Photo courtesy of ORCA”).

If you believe that any content on the Website violates your intellectual property rights, please notify ORCA at info@myORCA.com.

3. Limited license and prohibited uses 

There are many legal ways you can view, share, download or otherwise use content on this website.

ORCA grants you a personal, royalty-free, non-assignable, and non-exclusive license to use the Website Content only as an informative resource. Any other use, including the reproduction, modification, distribution, transmission, republication, framing, display or performance of Website Content, without prior permission of ORCA, is strictly prohibited.

You may not download, print, copy, distribute, or otherwise use Website Content for commercial purposes, including publication, sale, or personal gain. You may not remove any copyright, trademark, or other proprietary notices, including, without limitation, attribution information, credits, and copyright notices that have been placed on or near the Website Content.

You may use the Website only for lawful purposes and in accordance with these Terms of Use. You agree not to use the Website:

• In any way that violates any applicable federal, state, local or international law or regulation.
• For the purpose of exploiting, harming or attempting to exploit or harm anyone in any way.
• To send, knowingly receive, upload, download, use or re-use any material which does not comply with the Terms of Use.
• To transmit, or procure the sending of, any advertising or promotional material, including any “junk mail”, “chain letter” or “spam” or any other similar solicitation.
• To impersonate or attempt to impersonate ORCA, an ORCA employee, another user or any other person or entity (including, without limitation, by using e-mail addresses associated with any of the foregoing).
• To engage in any other conduct that restricts or inhibits anyone’s use or enjoyment of the Website, or which, as determined by ORCA, may harm ORCA or users of the Website or expose them to liability.
• In any manner that could disable, overburden, damage, or impair the Website or interfere with any other party’s use of the Website, including their ability to engage in real time activities through the Website.

Additionally, you agree not to:

• Use any robot, spider or other automatic device, process or means to access the Website for any purpose, including monitoring or copying any of the material on the Website.
• Use any manual process to monitor or copy any of the material on the Website or for any other unauthorized purpose without ORCA’s prior written consent.
• Use any device, software or routine that interferes with the proper working of the Website.
• Introduce any viruses, Trojan horses, worms, logic bombs or other material which is malicious or technologically harmful.
• Attempt to gain unauthorized access to, interfere with, damage or disrupt any parts of the Website, the server on which the Website is stored, or any server, computer or database connected to the Website.
• Attack the Website via a denial-of-service attack or a distributed denial-of-service attack.
• Otherwise attempt to interfere with the proper working of the Website.

4. Disclaimer and limitation of liability

This section limits ORCA’s liability and tells you that we do not warranty any part of this site.

WHILE ORCA ATTEMPTS TO PRESENT ACCURATE INFORMATION ON THE WEBSITE, THIS WEBSITE IS PROVIDED ON AN “AS IS” BASIS. ORCA MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, AS TO THE OPERATION OR CONTENT OF THIS WEBSITE OR ANY OTHER WEBSITE TO WHICH IT IS LINKED. TO THE EXTENT PERMITTED BY LAW, SOUND TRANSIT DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. ORCA, ITS JOINT BOARD, AND ITS EMPLOYEES WILL NOT BE LIABLE FOR ANY DAMAGES OF ANY KIND ARISING FROM THE USE OF THIS WEBSITE OR ANY SITE FOR WHICH IT PROVIDES LINKS, INCLUDING BUT NOT LIMITED TO DIRECT, INDIRECT, PUNITIVE AND CONSEQUENTIAL DAMAGES. FROM TIME TO TIME, ORCA MAY RESTRICT ACCESS TO SOME PARTS OF THE WEBSITE, OR THE ENTIRE WEBSITE, TO USERS. ORCA WILL NOT BE LIABLE FOR ANY REASON IF ALL OR ANY PART OF THE WEBSITE IS UNAVAILABLE AT ANY TIME OR FOR ANY PERIOD.

5. Third party content 

Anything that others add to this site is their responsibility.

This Website may include content provided by third parties. All statements and opinions expressed by third parties are solely the opinions and the responsibility of the person or entity providing those materials. These materials do not necessarily reflect the opinion of ORCA. ORCA is not responsible for the content or accuracy of any materials provided by any third parties.

6. Information about you and your visits to the website

Read our Privacy Notice for full details on how we collect and use data.

All Information ORCA collects on this Website is subject to our Privacy Notice. By using the Website, you consent to all actions taken by us with respect to your Information in compliance with the Privacy Notice. The Privacy Notice is incorporated into these Terms of Use. To the extent there is a conflict, the Terms of Use supersede the Privacy Notice.

7. Links to other websites

ORCA may provide links to third party websites, but ORCA is not responsible for those sites.

ORCA may provide links to external web sites for the convenience of its Website users. The inclusion of an external link on this Website does not constitute or imply support or endorsement of any kind. ORCA in no way controls these sites, and cannot be held responsible for their content or function. We have no control over the contents of those sites or resources, and accept no responsibility for them or for any loss or damage that may arise from your use of them. If you decide to access the third party websites linked to this Website, you do so entirely at your own risk and subject to the terms and conditions of use for such websites. See “Collection of Information by Third Parties” in ORCA’s Privacy Policy for further information.

8. Indemnification 

By visiting this website you and ORCA both agree to resolve disputes as described below.

You agree to defend, indemnify and hold harmless ORCA, its affiliates, licensors and service providers, and its and their respective officers, directors, employees, contractors, agents, licensors, suppliers, successors and assigns from and against any claims, liabilities, damages, judgments, awards, losses, costs, expenses or fees (including reasonable attorneys’ fees) arising out of or relating to your violation of these Terms of Use or your use of the Website, including, but not limited to, your content, any use of the Website Content, and services and products other than as expressly authorized in these Terms of Use.

9. Limitation on time to file claims

You must file any legal claim within six months.

ANY CAUSE OF ACTION OR CLAIM YOU MAY HAVE ARISING OUT OF OR RELATING TO THESE TERMS OF USE OR THE WEBSITE MUST BE COMMENCED WITHIN SIX (6) MONTHS AFTER THE CAUSE OF ACTION ACCRUES; OTHERWISE, SUCH CAUSE OF ACTION OR CLAIM IS PERMANENTLY BARRED.

10. Waiver and severability 

Changing any part of these terms does not invalidate the remaining terms. Each section applies separately.

No waiver by ORCA of a term or condition set forth in these Terms of Use shall be deemed a continuing waiver of such term or condition or a waiver of any other term or condition. Any failure of ORCA to assert a right or provision under these Terms of Use shall not constitute a waiver of such right or provision.

If any provision of these Terms of Use is held by a court or other tribunal of competent jurisdiction to be invalid, illegal or unenforceable for any reason, such provision shall be eliminated or limited to the minimum extent such that the remaining provisions of the Terms of Use will continue in full force and effect.

11. Entire agreement

This is the only document that governs website terms of use.

The Terms of Use and our Privacy Notice constitute the sole and entire agreement between you and ORCA with respect to the Website and supersede all prior and contemporaneous understandings, agreements, representations and warranties, both written and oral, with respect to the Website.

12. Applicable law

Washington State laws apply.

The ORCA website is created and controlled by ORCA in the State of Washington. As such, the laws of the State of Washington will govern these Terms of Use, without giving effect to any principles of conflicts of laws. Venue for any disputes will be in the state and federal courts located in King County, Washington.

12. Communications

If you supply contact information, we may contact you.

If you provide contact Information to ORCA, ORCA may use it to contact you. If you no longer wish to receive communications from ORCA, please contact us at info@myORCA.com.

14. Comments and concerns

Please direct any comments to our marketing division by email or mail.

All other feedback, comments, requests for technical support and other communications relating to the Website should be directed to info@myORCA.com or to:

Marketing & Communications
Regional ORCA Operations Team
401 S. Jackson St.
Seattle, WA 98104 USA

EFFECTIVE DATE: March 15, 2021