Terms of Service

These Terms of Service (“Terms”) govern your access to and use of NextMetro (“the Service,” “we,” “us,” or “our”), a website and application that displays Washington Metropolitan Area Transit Authority (“WMATA”) transit information.

By accessing or using NextMetro, you agree to be bound by these Terms. If you do not agree to these Terms, you may not access or use the Service.

1. Description of Service

NextMetro is a web-based application that displays real-time and scheduled transit information for the Washington, DC Metrorail system. This information is obtained from WMATA's publicly available application programming interface (“API”) and other public sources.

NextMetro is an independent project. We are not WMATA. We do not operate, control, or have any affiliation with the Washington Metropolitan Area Transit Authority, the Metrorail system, Metrobus, MetroAccess, or any transit services.

2. No Affiliation with WMATA

NEXTMETRO IS NOT AFFILIATED WITH, ENDORSED BY, SPONSORED BY, OR IN ANY WAY OFFICIALLY CONNECTED WITH THE WASHINGTON METROPOLITAN AREA TRANSIT AUTHORITY (WMATA).

“Metro,” “Metrorail,” “Metrobus,” “MetroAccess,” “SmarTrip®,” and associated names, marks, logos, and designs are trademarks or registered trademarks of WMATA. NextMetro's use of WMATA data and references to Metro services does not imply any endorsement, sponsorship, or affiliation.

The official source for WMATA information is wmata.com.

3. Disclaimer of Accuracy

THIS IS THE MOST IMPORTANT SECTION OF THESE TERMS. PLEASE READ IT CAREFULLY.

NextMetro displays transit data provided by WMATA through their public API. This data may be inaccurate, delayed, incomplete, or unavailable.

YOU EXPRESSLY ACKNOWLEDGE AND AGREE THAT:

1. Arrival times are estimates, not guarantees. Real-time predictions are based on current train positions and may change rapidly. A train showing “8 minutes” may arrive sooner, later, or not at all.
2. Service conditions change without notice. Delays, service suspensions, station closures, and schedule changes may occur at any time and may not be immediately reflected in NextMetro.
3. We do not control the data source. WMATA controls their API and may modify, delay, or discontinue data feeds at any time without notice to us.
4. Data transmission may fail. Internet connectivity issues, server problems, or technical failures may cause NextMetro to display outdated or no information.
5. You assume all risk of reliance. Any decisions you make based on information displayed in NextMetro are made at your own risk.

NEXTMETRO IS NOT RESPONSIBLE FOR:

• Missed trains, buses, or connections
• Missed flights, appointments, meetings, or events
• Late arrival to work, school, or any obligation
• Any travel disruption or inconvenience
• Any financial loss, including but not limited to missed opportunities, rebooking fees, or lost wages
• Any personal injury or property damage
• Any other consequences of relying on information displayed in NextMetro

4. Disclaimer of Warranties

THE SERVICE IS PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS, WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED.

TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, WE DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO:

1. IMPLIED WARRANTIES OF MERCHANTABILITY — We do not warrant that the Service is fit for any particular purpose or meets any standard of quality.
2. IMPLIED WARRANTIES OF FITNESS FOR A PARTICULAR PURPOSE — We do not warrant that the Service will meet your specific requirements or expectations.
3. WARRANTIES OF ACCURACY — We do not warrant that any information displayed is accurate, complete, current, or reliable.
4. WARRANTIES OF AVAILABILITY — We do not warrant that the Service will be available at any particular time or that access will be uninterrupted.
5. WARRANTIES OF SECURITY — We do not warrant that the Service is free from viruses, malware, or other harmful components, or that your use will be secure.
6. WARRANTIES OF NON-INFRINGEMENT — We do not warrant that the Service does not infringe on any third-party rights.

YOU USE NEXTMETRO AT YOUR OWN RISK.

5. Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW:

IN NO EVENT SHALL NEXTMETRO, ITS OPERATORS, OWNERS, AFFILIATES, LICENSORS, OR SERVICE PROVIDERS BE LIABLE FOR ANY:

• Direct, indirect, incidental, special, consequential, or punitive damages
• Loss of profits, revenue, data, goodwill, or other intangible losses
• Damages resulting from your access to, use of, or inability to use the Service
• Damages resulting from any content, information, or data obtained through the Service
• Damages resulting from unauthorized access to or alteration of your transmissions or data
• Damages resulting from any errors, mistakes, or inaccuracies in the Service
• Personal injury or property damage of any nature

REGARDLESS OF THE THEORY OF LIABILITY (CONTRACT, TORT, STRICT LIABILITY, OR OTHERWISE), EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

IF, NOTWITHSTANDING THE FOREGOING, WE ARE FOUND LIABLE FOR ANY CLAIM OR DAMAGE, OUR TOTAL AGGREGATE LIABILITY SHALL NOT EXCEED FIFTY UNITED STATES DOLLARS ($50.00).

SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES. If you reside in such a jurisdiction, some or all of the above exclusions or limitations may not apply to you, and you may have additional rights. In such cases, our liability shall be limited to the maximum extent permitted by law.

6. Indemnification

You agree to indemnify, defend, and hold harmless NextMetro, its operators, owners, affiliates, licensors, and service providers, and their respective officers, directors, employees, contractors, agents, licensors, suppliers, successors, and assigns from and against any and all claims, liabilities, damages, judgments, awards, losses, costs, expenses, or fees (including reasonable attorneys' fees) arising out of or relating to:

1. Your use of the Service
2. Your violation of these Terms
3. Your violation of any third-party right, including without limitation any intellectual property, privacy, or proprietary right
4. Your violation of any applicable law, rule, or regulation
5. Any claim that your use of the Service caused damage to a third party
6. Any dispute between you and any third party

This indemnification obligation shall survive the termination of these Terms and your use of the Service.

7. Binding Arbitration and Class Action Waiver

PLEASE READ THIS SECTION CAREFULLY. IT AFFECTS YOUR LEGAL RIGHTS, INCLUDING YOUR RIGHT TO FILE A LAWSUIT IN COURT AND TO HAVE A JURY HEAR YOUR CLAIMS.

7.1 Agreement to Arbitrate

You and NextMetro agree that any dispute, claim, or controversy arising out of or relating to these Terms or the Service (collectively, “Disputes”) will be resolved exclusively through final and binding arbitration, rather than in court, except that:

1. You may assert claims in small claims court if your claims qualify
2. Either party may seek injunctive or other equitable relief in court to prevent infringement of intellectual property rights

7.2 Arbitration Rules and Procedures

Arbitration will be conducted by the American Arbitration Association (“AAA”) under its Consumer Arbitration Rules, which are available at adr.org or by calling 1-800-778-7879.

The arbitration will be conducted:

1. By a single arbitrator selected in accordance with AAA rules
2. In the English language
3. In the county where you reside, or at another mutually agreed location, or via telephone/video conference if agreed by both parties
4. In accordance with these Terms

The arbitrator's decision shall be final and binding. Judgment on the arbitration award may be entered in any court having jurisdiction.

7.3 Class Action Waiver

YOU AND NEXTMETRO AGREE THAT EACH MAY BRING CLAIMS AGAINST THE OTHER ONLY IN YOUR OR ITS INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS, COLLECTIVE, OR REPRESENTATIVE PROCEEDING.

The arbitrator may not consolidate more than one person's claims and may not otherwise preside over any form of a representative, class, or collective proceeding.

IF THIS CLASS ACTION WAIVER IS FOUND TO BE UNENFORCEABLE, THEN THE ENTIRETY OF THIS ARBITRATION SECTION SHALL BE NULL AND VOID.

7.4 Opt-Out

You may opt out of this arbitration agreement by sending written notice of your decision to opt out to: contact@nextmetro.live, within 30 days of first accepting these Terms. Your notice must include your name and a clear statement that you wish to opt out of the arbitration agreement.

7.5 Survival

This arbitration agreement shall survive the termination of these Terms and your use of the Service.

8. Intellectual Property

8.1 NextMetro Content

The Service, including its design, layout, look, appearance, graphics, and original content (excluding WMATA data), is owned by NextMetro and is protected by copyright, trademark, and other intellectual property laws.

You may not copy, modify, distribute, sell, or lease any part of the Service or its content without our prior written consent.

8.2 WMATA Data

Transit data displayed in NextMetro is provided by WMATA through their public API and is subject to WMATA's terms of use and intellectual property rights.

8.3 Feedback

If you provide us with any feedback, suggestions, or ideas regarding the Service (“Feedback”), you grant us a non-exclusive, worldwide, royalty-free, perpetual, irrevocable license to use, reproduce, modify, and distribute such Feedback for any purpose without compensation or attribution to you.

9. User Conduct

You agree not to:

1. Use the Service for any unlawful purpose or in violation of any applicable law or regulation
2. Attempt to gain unauthorized access to the Service, its servers, or any related systems
3. Interfere with or disrupt the Service or servers or networks connected to the Service
4. Use any robot, spider, scraper, or other automated means to access the Service without our prior written permission
5. Reverse engineer, decompile, disassemble, or otherwise attempt to derive the source code of the Service
6. Remove, alter, or obscure any copyright, trademark, or other proprietary notices
7. Impersonate any person or entity or misrepresent your affiliation with any person or entity
8. Use the Service to transmit any viruses, malware, or other harmful code
9. Use the Service in any manner that could damage, disable, overburden, or impair the Service
10. Resell, redistribute, or commercially exploit the Service without our prior written consent

10. Third-Party Services and Links

The Service may contain links to third-party websites, services, or resources that are not owned or controlled by NextMetro. We have no control over, and assume no responsibility for, the content, privacy policies, or practices of any third-party websites or services.

You acknowledge and agree that NextMetro shall not be responsible or liable for any damage or loss caused by or in connection with the use of any such third-party content, goods, or services.

We strongly advise you to read the terms and conditions and privacy policies of any third-party websites or services that you visit.

The Service uses optional analytics cookies provided by a third-party service. These cookies are only set after you provide explicit consent via the cookie consent banner. You may withdraw consent at any time through the “Cookie Preferences” link in the site footer. For full details on what data is collected and how it is used, see our Privacy Policy.

11. Service Availability and Modifications

11.1 Availability

The Service is provided on an “as available” basis. We do not guarantee that the Service will be available at all times or that access will be uninterrupted or error-free.

We reserve the right to:

1. Modify, suspend, or discontinue the Service (or any part thereof) at any time, with or without notice
2. Perform maintenance, updates, or repairs that may temporarily affect availability
3. Restrict access to some or all of the Service

11.2 No Obligation

We have no obligation to:

1. Maintain or support the Service
2. Provide any updates, enhancements, or bug fixes
3. Ensure any specific level of accuracy, availability, or performance

12. Termination

12.1 By You

You may stop using the Service at any time. No formal termination process is required.

12.2 By Us

We may, at our sole discretion, terminate or suspend your access to the Service immediately, without prior notice or liability, for any reason, including without limitation if you breach these Terms.

12.3 Effect of Termination

Upon termination, all rights and licenses granted to you under these Terms shall immediately cease. Sections that by their nature should survive termination shall survive, including but not limited to: Disclaimer of Warranties, Limitation of Liability, Indemnification, Arbitration, and Governing Law.

13. Governing Law and Jurisdiction

These Terms shall be governed by and construed in accordance with the laws of the State of Maryland, without regard to its conflict of law provisions.

To the extent that arbitration is not required or applicable, you agree to submit to the exclusive jurisdiction of the state and federal courts located in the State of Maryland for the resolution of any disputes.

14. Severability

If any provision of these Terms is found to be unenforceable or invalid by a court of competent jurisdiction, that provision shall be limited or eliminated to the minimum extent necessary so that these Terms shall otherwise remain in full force and effect.

15. Waiver

Our failure to enforce any right or provision of these Terms shall not constitute a waiver of that right or provision. Any waiver of any provision of these Terms will be effective only if in writing and signed by us.

16. Entire Agreement

These Terms, together with our Privacy Policy and any other legal notices published by us on the Service, constitute the entire agreement between you and NextMetro regarding your use of the Service.

These Terms supersede any prior agreements or understandings, whether written or oral, regarding the subject matter herein.

17. Assignment

You may not assign or transfer these Terms, by operation of law or otherwise, without our prior written consent. Any attempt to assign or transfer these Terms without such consent shall be null and void.

We may freely assign or transfer these Terms without restriction. Subject to the foregoing, these Terms shall bind and inure to the benefit of the parties and their respective successors and assigns.

18. Changes to These Terms

We reserve the right to modify these Terms at any time at our sole discretion. If we make material changes, we will provide notice by:

1. Posting the updated Terms on the Service with a new “Last Updated” date
2. Other means we deem appropriate under the circumstances

Your continued use of the Service after the effective date of any changes constitutes your acceptance of the modified Terms. If you do not agree to the modified Terms, you must stop using the Service.

We encourage you to review these Terms periodically to stay informed of any updates.

19. Contact Information

If you have any questions about these Terms, please contact us at:

Email: contact@nextmetro.live

20. Acknowledgment

BY USING NEXTMETRO, YOU ACKNOWLEDGE THAT:

1. You have read, understood, and agree to be bound by these Terms
2. You understand that NextMetro displays third-party data that may be inaccurate
3. You assume all risk associated with relying on information displayed in NextMetro
4. You waive any claims against NextMetro arising from your use of the Service
5. You agree to resolve disputes through binding arbitration rather than court
6. You waive your right to participate in class action lawsuits against NextMetro