1. No guaranteed availability
RTD reserves the right at any time and from time to time to modify or discontinue the Service (or any part thereof), temporarily or permanently, with or without notice to you. You agree that RTD will not be liable to you for any modification, suspension or discontinuance of the Service.
2. Termination of service
You agree that RTD, in its sole discretion, may terminate your password, account (or any part thereof) or use of the Service, and remove and discard any content within the Service, for any reason, including, without limitation, our belief that you have violated or acted inconsistently with the letter or spirit of these Terms. You agree that any termination of your access to the Service under any provision of these Terms may occur without prior notice to you, and you also agree that RTD will not be liable to you for any termination of your access to the Service.
3. Restrictions on use
All materials published on the Site, including, but not limited to, trademarks, service marks, maps, schedules, arrival information, fare information, photographs and illustrations (collectively, the “Content”), are the property of RTD unless otherwise indicated. Third-party trademarks are the property of their respective owners. Use of the Content displayed on the Site, including reproduction, modification, distribution, transmission, republication, display or performance, is granted under a Creative Commons Attribution 3.0 Unported License. Use of any Content which bears an effective date range, expiration date, or other indication of currency based on date, is granted ONLY during the specified time period of currency under a Creative Commons Attribution 3.0 Unported License, after which such license is revoked and use of expired Content is strictly prohibited without the expressed written consent of RTD.
4. Published service information
This section governs your use of RTD’s published service information (the “Data”). RTD grants you a limited, revocable license to use, reproduce, and redistribute the Data in accordance with these terms. You must present the Data with the following legend, prominently displayed: “Route and schedule data provided by permission of San Joaquin RTD” unless otherwise agreed by RTD in writing. Other than displaying this legend, you are not authorized to make any use of any proprietary service marks of RTD. The Data is provided to you “as is” and “as available” without any warranty of any kind, express or implied, including without limitation the implied warranties of merchantability, fitness for a particular purpose, accuracy and non-infringement.
5. Copyrights and trademarks
All Content and Data of this Site are the property of RTD or its content suppliers, and are protected by United States and international copyright laws.
All trademarks, service marks and trade names (“Trademarks”) of RTD used herein, including the RTD logos, are trademarks or registered trademarks of RTD and may not be used in any manner that is likely to cause confusion, or in any manner that misrepresents, disparages, or discredits RTD. The RTD trademarks may not be used in connection with the products or services of others, except for the use of a text link or an RTD web logo to link to this site, in accordance with these Terms. All other trademarks not owned by RTD that appear on this Site are the property of their respective owners.
6. Disclaimer of warranties and limitation of liability
YOU AGREE THAT THE SERVICE AND DATA ARE PROVIDED TO YOU “AS IS” AND “AS AVAILABLE” WITHOUT ANY WARRANTY OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, ACCURACY AND NON-INFRINGEMENT. RTD does not warrant that the Service or Data will be available at any given time, secure, accurate or free of error. You use the Service and Data at your own risk, and you assume the risk that the Service or Data may provide incorrect information to you or your workers, as well as the risk that any material downloaded by you from the Service may cause loss of data or damage to your computer system.
YOU UNDERSTAND AND AGREE THAT IN NO EVENT WILL RTD BE LIABLE FOR ANY DIRECT OR INDIRECT DAMAGES, EVEN IF RTD IS AWARE OF THE POSSIBILITY OF SUCH DAMAGES, INCLUDING WITHOUT LIMITATION LOSS OF PROFITS OR FOR ANY OTHER SPECIAL, CONSEQUENTIAL, EXEMPLARY OR INCIDENTAL DAMAGES, HOWEVER CAUSED, WHETHER BASED UPON CONTRACT, NEGLIGENCE, STRICT LIABILITY IN TORT, WARRANTY, OR ANY OTHER LEGAL THEORY, ARISING OUT OF OR RELATED TO YOUR USE OF THE SERVICE OR DATA.
You agree to indemnify, defend and hold harmless RTD and its officers, directors, and employees from and against all fines, suits, proceedings, claims, causes of action, demands, or liabilities of any kind or of any nature arising out of or in connection with your use of the Service or Data.
8. Severability and waiver
The invalidity of any term or provision of these Terms will not affect the validity of any other provision. Waiver by RTD of strict performances of any provision of these Terms will not be a waiver of or prejudice RTD’s right to require strict performance of the same provision in the future or of any other provision of these Terms.
9. Applicable law
The laws of the State of California shall govern all rights and obligations under this Agreement, without giving effect to any principles of conflicts of laws.
10. Entire agreement
These Terms constitute the entire agreement between the parties as to their subject matter, and there are no other conflicting terms, conditions or obligations between the parties relating to the use of the Service or Data.