Terms of Use

Flamingofares.com website is run by coalition of regional transit agencies. These agencies are Hillsborough Area Regional Transit (HART), Pinellas Suncoast Transit Authority (PSTA), Pasco County Public Transportation (PCPT), Sarasota County Area Transit (SCAT), and Hernando County (TheBus).  This Terms of Use covers only the Flamingofares.com website on behalf of all its member agencies. It should also be noted that using the Flamingofares.com website is voluntary and that each of the member agencies have access to the information stored in the website datastores.

BY USING THIS SITE, INCLUDING ANY INFORMATION, SERVICES OR PRODUCTS, YOU AGREE TO BE BOUND BY THE TERMS AND CONDITIONS SET FORTH IN THESE TERMS AND CONDITIONS OF USE. IF YOU DO NOT AGREE WITH THESE TERMS AND CONDITIONS OF USE, YOU MUST EXIT THIS WEB SITE.

Electronic Fare System

Flamingo electronic fare system allows you to pay your fare for use of Flamingofares.com, by tapping your phone, contactless bankcard, or Flamingo card on the readers. These terms apply to your use of the Flamingo card and mobile app.

Registration

If you purchase your Flamingo card at a retail location, no registration is required to redeem the fare or check the balance of the card. However, in order to access and use certain functions of the Flamingo mobile app, you will need to register an account. You may also register an account through the Flamingo website at http://flamingofares.com/. Registration is required if you wish to (i) reload value on your card online or through the mobile app, (ii) protect your card’s balance against loss or theft, or (iii) manage your account.

If you choose to register your Flamingo card (including cards provided to you by your employer, an educational institution, or other entity), the card’s serial number will be linked to your account. No more than 20 cards may be linked to a single account.

Loading Value

You may purchase Flamingo ™ reloadable cards–and add value to the cards–at supermarkets, convenience stores, pharmacies, and other retailers. You select the amount of value to load, which must be an amount between $5.00 and $250.00. After initial purchase, registered users may load additional value (i) via the Flamingo website or app or (ii) by calling 1-833-387-7766. Anyone may load additional value by visiting Flamingo ticket office.

Flamingo cards are not, and do not represent, “accounts” or “deposits” and Flamingo cards are not “money.” They simply represent a prepaid transportation fare. You may not redeem Flamingo cards for money or any product or service other than the applicable services. Flamingo value never expires, but after three years of inactivity, your balance will be removed. You must contact Flamingofares.com to reinstate your balance after your balance is removed. Sales of Flamingo cards are final and non-refundable.

Flamingo cards are not transferable.

Automatic Reloading: You may choose to enable automatic reloading of value to your Flamingo card by logging into your account and using the mobile app or website tools, by specifying the value to add when the account balance drops below a defined threshold. If you enable automatic reloading, you authorize Flamingofares.com to automatically charge your payment card the amount that you have selected on the schedule you have selected. You may opt out of automatic reloading by changing your account preferences.

Redeeming Electronic Fares

You can find card readers on board buses, and Jolly Trolley. To redeem a fare, you may tap your Flamingo card, on a card reader.

Lost, Stolen and Damaged Cards

Flamingofares.com expects you to take reasonable precautions to protect against lost, stolen, or damaged cards. However, we recognize that accidents happen. If you have registered your Flamingo card, you can report your card lost, stolen, or damaged and then Flamingofares.com can transfer your balance from the lost card to a new card you acquire. Unregistered Flamingo cards do not offer the balance protection that registered Flamingo cards do.

Your Responsibilities

You are solely responsible at all times for proper redemption of fares and maintaining proof of fare payment in accordance with the rules of the applicable transit system. You understand that you will be subject to penalties, including, but not limited to, citation and exclusion, for failure to exhibit proof of fare payment.

Use of the Mobile Ticketing App

If you have any questions regarding the use of the Mobile Ticketing app, please refer to Flamingofares.com.org/app.

Purchases

Flamingofares.com accepts the following methods of payment for ticket purchases: MasterCard, Visa, and Discover. All ticket prices are stated in U.S. dollars. If you wish to purchase a mobile ticket (each such purchase, a “Transaction”), you will be asked to supply certain information applicable to your Transaction, including, without limitation, payment card number and other information. Flamingofares.com’s use of your personal information is subject to Flamingofares.com’s Privacy Policy. You agree to pay all charges incurred by you or any users of your account and payment card (or other applicable payment mechanism) at the price(s) in effect when such charges are incurred. You will also be responsible for paying any applicable taxes relating to your purchases. The sale or purchase of tickets may be regulated by certain county, and city laws or regulations. You acknowledge that complying with laws is your responsibility. You represent and warrant that all information you provide, including, but not limited to, all information concerning your name, address, payment card number, and other identifying information of any nature, will be true, complete, and correct, and that you will update all information as it changes. Verification of information may be required prior to the acknowledgment or completion of any Transaction.

Your Responsibilities

You are solely responsible at all times for the proper functioning of your mobile phone. It is your responsibility to ensure that the mobile phone is sufficiently charged to clearly and legibly display the mobile ticket and to otherwise exhibit proof of fare payment in accordance with Flamingofares.com Code Chapter 29 - Proof of Fare Payment, as many times as required for the duration of your use of the Transit System. You understand that you will be subject to penalties, including, but not limited to, citation and exclusion, for failure to exhibit proof of fare payment.

No Cash Value

Mobile tickets are not redeemable for cash.

Privacy
In using this Site, you may be asked for certain company and personal information. You must understand that all information submitted on the site might potentially be publicly accessible.  To access the Privacy Policy of this Site that is incorporated into these Terms and Conditions of Use, click here: PRIVACY POLICY.

Security
Data transmission over the Internet is not guaranteed to be 100% secure. While we strive to protect your personal information, FLAMINGOFARES.COM cannot ensure or warrant the security of any information transmitted to us or received from our online products or services. Once we receive a transmission, we make our best effort to ensure it is secure on our systems.

Proprietary Information
This Site comprises information and materials proprietary to FLAMINGOFARES.COM and protected under state and federal.  As such, the materials and information contained therein may not be compiled, sold, or distributed in any form and may only be used for its intended purpose. FLAMINGOFARES.COM reserves all rights in such materials and information.

Intellectual Property
Copyrights. The materials in this Site are protected under United States Copyright Laws.  These materials are for individual or organizational use as authorized by FLAMINGOFARES.COM, exclusively.  You may not modify, copy, aggregate, distribute, publish, display, transmit, reproduce, license, transfer, create derivative works from or sell any information from this Site, without the prior written permission of FLAMINGOFARES.COM. In some cases, some materials contained in this Site may be subject to copyrights held by third parties and additional permissions may be required.

Copyright Infringement. FLAMINGOFARES.COM respects the copyrights of others. Any copyright owner or authorized agent who believes that any materials, information or text displayed on this Site infringes their copyrights, may submit a notification pursuant to the U.S. Digital Millennium Copyright Act ("DMCA") by providing our Copyright Agent, Copyright Agent, Pinellas Suncoast Transit Authority at 3201 Scherer Dr, St. Petersburg, FL 33716, with the following information in writing:

  • A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed;
  • Identification of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works at a single online site are covered by a single notification, a representative list of such works at that site;
  • Identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled and information reasonably sufficient to permit FLAMINGOFARES.COM to locate the material;
  • Information reasonably sufficient to permit FLAMINGOFARES.COM to contact the copyright owner or its agent, such as an address, telephone number, and, if available, an electronic mail address;
  • A statement that the copyright owner has a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law; and
  • A statement that the information in the notification is accurate, and under penalty of perjury, that complainant is authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.

Please note that only DMCA notices should go to FLAMINGOFARES.COM' Copyright Agent. Any other feedback, comments, requests for technical support, and other communications should be directed to FLAMINGOFARES.COM Webmaster. You acknowledge that if you fail to comply with all of the requirements of this section, your DMCA notice may not be valid.

Trademarks. "FLAMINGOFARES.COM" and FLAMINGOFARES.COM' products and services described in this website are either trademarks or trade names of FLAMINGOFARES.COM, or are the property of their respective owners. All rights reserved. These marks may not be copied, imitated, or used, in whole or in part, with the express prior written permission of FLAMINGOFARES.COM. In addition, page headers, custom graphics, button icons, and scripts, may be service marks, trademarks, or trade dress of FLAMINGOFARES.COM, and may not be copied, imitated, or used, in whole or in part, without the prior written permission of FLAMINGOFARES.COM.

Editorial Rights
FLAMINGOFARES.COM reserves the right (but expressly disclaims the obligation) to modify, reject or eliminate any information residing on or transmitted to the website that it, in its sole discretion, believes to be unacceptable, objectionable or in violation of these terms, conditions and notices or in violation of the laws of the United States of America.  FLAMINGOFARES.COM reserves the right to terminate your access at any time without notice for any reason whatsoever.

Use of Submissions
Any suggestions or ideas submitted by you or anyone else to FLAMINGOFARES.COM or this Site become the sole property of FLAMINGOFARES.COM.  FLAMINGOFARES.COM reserves the right to use any submitted suggestions or ideas as its own.

Third-Party Websites
This Site may contain links to third-party websites.  These links are provided solely as a convenience to you and not as an endorsement of the third-party or the contents of the third-party websites by FLAMINGOFARES.COM.  FLAMINGOFARES.COM is not responsible for the content of linked third-party websites and does not make any representations regarding the content or accuracy thereof.  Your access to linked third-party websites is at your own risk.

Unlawful or Prohibited Use
As a condition of your use of this Site, you warrant to FLAMINGOFARES.COM that you will not use this Site for any purpose that is unlawful or prohibited by these Terms and Conditions of Use.

Violation of Terms and Conditions of Use
In the event of any violation of these Terms and Conditions of Use, FLAMINGOFARES.COM reserves the right to suspend or terminate, either temporarily or permanently, any or all services provided. Users who violate terms contained herein may additionally incur criminal and/or civil liability. FLAMINGOFARES.COM may refer violators to civil or criminal authorities for prosecution.

User Warranty
You shall not without FLAMINGOFARES.COM' prior express written permission:

  • Access data or areas of this Site not intended for such user;
  • Impersonate other person or misrepresent authorization to act on behalf of others or FLAMINGOFARES.COM;
  • Alter the attribution of origin in electronic mail messages or postings;
  • Attempt to decipher, decompile, disassemble or reverse engineer any of the software comprising or making up the site;
  • "Mirror" or "frame" any material contained on this site;
  • Modify, copy, aggregate, distribute, publish, display, transmit, reproduce, license, transfer, create derivative works from or sell any information, software, products or services obtained from this Site;
  • Use or attempt to use spiders, robots, avatars, intelligent agents, or any other extraction or navigation search, except for a normal browser, unless authorized in writing by FLAMINGOFARES.COM;
  • Use any device, software or routine to interfere or attempt to interfere with the proper working of the website, including, without limitation, using the Site’s communication features in a manner which adversely affects the availability of its resources to other users;
  • Attempt to interfere with service to any other host or network, including, without limitation, submitting a computer virus or any form of corrupted data to the website;
  • Take any action that imposes an unreasonable load on the site's infrastructure;
  • Post or otherwise communicate material that is obscene, sexually explicit, libelous, defamatory, threatening, harassing, abusive, false, inaccurate, misleading, or embarrassing;
  • Defame, abuse, harass, threaten or otherwise violate the legal rights (such as privacy and publicity) of others;
  • Delete or revise any material posted by any other person or entity on this website;
  • Post, copy or otherwise communicate material that is copyrighted (unless you are the owner or have received permission to do so), post material that reveals trade secrets, post material that infringes the intellectual property rights of others; or
  • Post or otherwise communicate advertisements or solicitations of business not supported by FLAMINGOFARES.COM.

Indemnifications
You agree to indemnify and hold FLAMINGOFARES.COM, its member Agencies, directors, officers, employees and agents harmless from any third-party claim, damage or demand, including attorneys’ fees, relating to or arising out of your use of this Site or violation of these Terms and Conditions of Use, your representations and warranties, or your violation of any rights of another.

You further agree to indemnify and reimburse FLAMINGOFARES.COM for any and all expenses and costs (including but not limited to, attorneys’ fees, court costs, travel, express-courier costs and photocopying expenses) which FLAMINGOFARES.COM may sustain as a result of your breach of these Terms and Conditions of Use.  This obligation specifically applies to, but is not limited to, any actions FLAMINGOFARES.COM takes to enforce these Terms and Conditions of Use.

Prosecution
Any unauthorized use or attempt at unauthorized use may result in criminal prosecution.

Disclaimer of Warranty

Although Flamingofares.com strives to provide Materials that are both useful and accurate, the nature of the data and other information available through the Services is subject to frequent change. Accordingly, the Materials may not always be up-to-date, accurate, or complete. The Services and Materials are provided “as is,” “as available,” and without warranties of any kind. You use the Services and Materials at your own sole risk.  Flamingofares.com assumes no responsibility, and shall not be liable for, any damages to your equipment, devices, or other property arising from your use of the Services.


USE OF THIS SITE IS PROVIDED "AS IS, WHERE IS," AS AN ACCOMMODATION, AND WITHOUT WARRANTY OF ANY KIND, INCLUDING, WITHOUT LIMITATION, ANY WARRANTY OF TITLE, MERCHANTABILITY, OR FITNESS FOR A PARTICULAR PURPOSE.  IN NO EVENT SHALL FLAMINGOFARES.COM BE LIABLE FOR DAMAGES TO YOU OR YOUR CLIENTS FOR ANY DEFICIENCY, ERROR OR INTERRUPTION IN THE SERVICES PROVIDED HEREUNDER FOR DAMAGES OF ANY KIND.  YOUR SOLE REMEDY IN THE EVENT OF ANY DEFICIENCY OR ERROR SHALL BE TO REQUEST THAT FLAMINGOFARES.COM CORRECT THE MATTER OR, IF FLAMINGOFARES.COM FAILS TO DO SO, TO DISCONTINUE USE OF THE SERVICE AT YOUR OPTION.

FLAMINGOFARES.COM DOES NOT WARRANT THAT THIS SITE WILL OPERATE ERROR-FREE OR THAT THIS SITE AND ITS SERVER ARE FREE OF COMPUTER VIRUSES OR OTHER HARMFUL MECHANISMS.  IF YOUR USE OF THE WEBSITE OR THE MATERIAL RESULTS IN THE NEED FOR SERVICING OR REPLACING EQUIPMENT OR DATA, FLAMINGOFARES.COM IS NOT RESPONSIBLE FOR THESE OR SIMILAR TYPE USER COSTS.

Limitation of Liability; Limitation of Damages

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, FLAMINGOFARES.COM AND ITS MEMBER AGENCIES, OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, SERVICES PROVIDERS, AND LICENSORS SHALL NOT BE LIABLE TO YOU OR ANYONE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR EXEMPLARY DAMAGES, INCLUDING, BUT NOT LIMITED TO, DAMAGES FOR LOST PROFITS, GOODWILL, USE, DATA, OR OTHER INTANGIBLE LOSSES (REGARDLESS OF WHETHER WE HAVE BEEN INFORMED OF THE POSSIBILITY OF SUCH DAMAGES), HOWEVER CAUSED, WHETHER BASED ON OR UPON CONTRACT, NEGLIGENCE, STRICT LIABILITY IN TORT, WARRANTY, OR ANY OTHER LEGAL THEORY, ARISING OUT OF OR RELATED TO (i) THE USE OR THE INABILITY TO USE THE SERVICES OR ANY ERRORS, OMISSIONS, OR INACCURACIES IN ANY MATERIALS AVAILABLE THROUGH THE SERVICES; (ii) THE CONDUCT OF OTHER USERS OR THIRD PARTIES; (iii) THE PERFORMANCE OF THE PRODUCTS AND SERVICES PURCHASED THROUGH THE SERVICES; (iv) UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR DATA, CONTENT, OR PERSONAL INFORMATION; (v) ANY BUGS VIRUSES, TROJAN HORSES, OR THE LIKE THAT MAY BE TRANSMITTED TO OR THROUGH THE SERVICES; (vi) OR ANY OTHER MATTER RELATING TO THE SERVICES OR ANY PRODUCTS OR SERVICES MADE AVAILABLE THROUGH THE SERVICES.

IN NO EVENT SHALL FlAMINGOFARES.COM TOTAL LIABILITY TO YOU IN CONNECTION WITH THE SERVICES FOR ALL DAMAGES, LOSSES, AND CAUSES OF ACTION EXCEED $500.

Member Agencies are subject to Florida Statutes 768.28 for sovereign immunity and nothing herein shall act as a waiver of that immunity.


Termination
Either you or FLAMINGOFARES.COM may terminate your Internet account at any time. This is your sole and exclusive remedy with respect to any dissatisfaction with the service. To initiate termination, contact webmaster@Flamingofares.com.com and identify the Internet service account you wish to terminate. Be sure to include your full name, telephone number(s), and valid email address.

Your account termination will take effect within a reasonable amount of time after FLAMINGOFARES.COM receives your emailed notice. If a user’s conduct fails to conform to the letter or spirit of these terms and conditions, or if FLAMINGOFARES.COM believes the user’s conduct may create liability for its affiliates then that user’s service will be terminated.

FLAMINGOFARES.COM reserves the right to restrict access of any user of this service and may at any time in its sole discretion with or without notice and with or without cause immediately deny access to the service and may remove all account information.

Force Majeure
FLAMINGOFARES.COM shall not be liable for losses over which result from any occurrence over which it does not have control, including but not limited to:  natural disasters, labor issues, equipment failure, telephone and related problems, unauthorized access or theft.

Other Rights
Nothing contained in these Terms and Conditions of Use shall be construed as conferring by implication, estoppel or otherwise upon either party any license or other right except the licenses and rights expressly stated hereunder to that party.

No Waiver
No waiver of any term of these Terms and Conditions of Use shall be deemed a further or continuing waiver of such term or any other term.

Binding Effect
The provisions of these Terms and Conditions of Use shall inure to the benefit of and be binding on the parties hereto and their successors and assigns.

Construction
These Terms and Conditions of Use shall be governed by the internal substantive laws of the State of Florida, and irrevocable consent is hereby granted by both parties to the exclusive jurisdiction and venue for any action or dispute in the state and federal courts located in the State of Florida.

Jurisdiction
The parties agree that any and all court proceedings to enforce these Terms and Conditions of Use shall be filed and heard in the state or federal courts located in Hillsborough County, Florida, which courts shall have exclusive jurisdiction over such matters.  The parties hereby waive the right to trial by jury.

Admissibility
A printed version of these Terms and Conditions of Use and of any notice given in electronic form shall be admissible in judicial or administrative proceedings based upon or relating to these Terms and Conditions of Use to the same extent and subject to the same conditions as other business records and documents originally generated and maintained in printed form.

Severability
If any provision of these Terms and Conditions of Use shall be held to be invalid or unenforceable for any reason, the remaining provisions shall continue to be valid and enforceable.  If a court finds that any provision of these Terms and Conditions of Use is invalid or unenforceable, but that by limiting such provision it would become valid and enforceable, then such provision shall be deemed to be written, construed, and enforced as so limited.

Survival
The parties agree that termination of these Terms and Conditions of Use does not operate to relieve any user of his or her obligations under this Agreement.

Updates
These Terms and Conditions of Use may be updated from time to time without notice to you. It is your responsibility to review it from time to time to be aware of any such change. Your continued use of this service will indicate your agreement to any such change.

Entire Agreement
These terms, conditions, and notices represent the entire agreement between you and FLAMINGOFARES.COM, and its respective successors and assigns, and supersedes any and all prior understanding, statements or representations, whether electronic, oral or written, regarding FLAMINGOFARES.COM and this Site.

Address: __________________

Phone: ____________________
Fax: ______________________
General: inquiry@goFlamingofares.com.com
Webmaster: webmaster@goFlamingofares.com.com