1. The person completing this transaction affirms that he/she:

A. Is the lawful holder of the credit card or has been authorized to use the credit card by the lawful holder.

B. Is over the age of 15 or such older age as to be able to enter into a legally binding contract in the state that the person is making the transaction.

C. Is not subject to the Children’s Online Privacy Protection Act.

D. Agrees to make payment in accordance with the applicable credit card agreement.

2. The person completing this transaction understands that a breach of paragraph 1 may result in civil or criminal prosecution and agrees to permit the use of all information collected on the website in connection with this transaction by law enforcement agencies, credit card companies, credit card processors, merchant service providers or the Washington Metropolitan Area Transit Authority (WMATA).

3. This transaction is for the purchase of transit fare value and/or transit passes for use on the Metro transit system’s pilot locations and is not refundable except as provided by the applicable tariff.

4. Only Visa, MasterCard, Discover and American Express branded credit cards are accepted. No pin-based debit cards are accepted. No private label cards are accepted.

5. By enrolling in the Autoload or Autorenew recurring purchase feature (“contract”), the Customer agrees that his/her enrollment in Autoload or Autorenew acts as authorization to charge his/her credit card in the amount selected on the Autoload/Autorenew form to replenish the fare value on his/her Metro Fare Payment Pilot Transit Account each time the balance on the account falls below the amount indicated at the time of setup of Autoload for stored value amounts, or to replenish the time-based or ride-based pass according to the schedule indicated at the time of setup of Autorenew. Should the transit account have insufficient funds, then the credit card associated with this account will be charged for any remaining amount due.

6. WMATA reserves the right to adjust the balance on the Metro Fare Payment Pilot Transit Account to correct accounting or technical issues or to recover value or transit passes for which a disputed charge was filed with the applicable credit card company.

7. It is expressly understood and agreed that the customer authorizes WMATA or its agent to access the customer’s credit card and make charges against that card as authorized in this transaction (or if through Autoload or Autorenew, as authorized under this Agreement). The customer expressly understands and agrees that WMATA, its agents, employees, officers, directors or any of the transit properties participating in Metro’s Fare Payment Pilot shall not be liable for (a) any incidental, indirect, special or consequential damages, including but not limited to, loss of use, revenues, profits or savings, even if any of the foregoing persons and entities knew or should have known of the possibility of such damages, or (b) claims, demands, or actions against the customer by any person, corporation, governmental body, or other entity resulting from participation in Metro’s Fare Payment Pilot credit report inquiry, or charging of the customer’s credit card. THE CUSTOMER FURTHER UNDERSTANDS AND AGREES THAT THERE ARE NO REPRESENTATIONS OR WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, ANY IMPLIED OR EXPRESS WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE MADE IN CONNECTION WITH THIS TRANSACTION. The customer agrees to indemnify the persons and/or entities described herein against any loss, damage, or fee resulting from a transaction covered by this Agreement and further agrees to pay all costs, including reasonable attorneys’ fees, incurred by WMATA or any of the persons or entities described in this paragraph, in connection with a transaction contemplated by this Agreement or otherwise necessary to enforce this Agreement.

8. The Customer may cancel his/her enrollment in the Metro Fare Payment Pilot for Autoload or Autorenew at any time but will be responsible for any product loads that occur before the receipt of the cancellation request. WMATA reserves the right to withdraw any product loaded but not paid for. If the product cannot be withdrawn, WMATA reserves the right to hotlist (deactivate) the card.

9. Requests for cancellation of participation in the Metro Fare Payment Pilot Autoload or Autorenew shall be submitted by the customer using the features available in the customer’s Metro Fare Payment Pilot Transit Account.

11. The Customer is responsible for payment for all products that are loaded to his/her card, including those products ordered under Autoload/Autorenew. If the Customer’s credit card is not successfully processed, the Autoload/Autorenew contract will be canceled, and WMATA has the right to remove any products from the Metro Fare Payment Pilot Transit Account that have not been paid for. WMATA will attempt to notify Customer that the Autoload/Autorenew contracts were cancelled. If a product cannot be removed from the Customer’s Metro Fare Payment Pilot Transit Account, WMATA has the right to hotlist (deactivate) the transit account, Customer should contact WMATA Customer Service at 202.962.6377 to discuss options.

12. WMATA may change the terms of this Agreement at any time. Customer is responsible for reading and understanding the terms of this agreement with each one-time credit card purchase, and upon customer action to change billing information associated with Autoload/Autorenew. WMATA will not notify customers when the terms of the Agreement have changed. If the Customer is enrolled in Autoload/Autorenew, then the use of the Metro Fare Payment Pilot Transit Account after any change in the terms of this Agreement will mean that the Customer has agreed to the change in terms.

13. The provisions of this Agreement are severable, and if any provision or the application to any specific customer is ruled to be unenforceable, the remainder of this Agreement and the application of such provision to other persons or situations shall not be affected.

14. If a Metro Fare Payment Pilot payment card, or other valid payment media associated with the customer’s Metro Fare Payment Pilot Transit Account such as near field communication phones, is lost or stolen, it is the obligation of the customer to promptly report the loss or theft via customer’s web account at the telephone number 202.962.6377 or Any remaining fare value in the lost or stolen card’s transit account, at the time of reporting the card or payment media as lost or stolen using the methods described above, will be transferred to a new card. The loss of a Metro Fare Payment Pilot Payment Card or other valid payment media associated with the customer’s Metro Fare Payment Pilot Transit Account is not grounds for invalidating a credit card transaction, and the customer agrees not to file for a disputed charge with his/her credit card company.

15. Damaged Metro Fare Payment Pilot cards may be returned by contacting WMATA customer service using the website, phone number or email address in Item #16 for replacement. A new Metro Fare Pilot payment card will be associated with the customer’s account and the customer will be able to access the value remaining in the account. The need for replacement of a payment card does not invalidate any credit card transaction for the purchase of fare value to be placed in the Metro Fare Payment Pilot Transit Account.

16. All disputes between a customer and the issuing transit property shall be governed by the law of District of Columbia. All legal actions can be brought only in the state and federal courts physically located in the District of Columbia