License for Use
Limitations and Disclaimers
The Site and the Services may allow you to access various content, including without limitation traffic and transit announcements, transit schedules, map data, traffic conditions, estimated driving or other transit times, multi-modal travel directions, estimated parking availability, and other transit- and trip-related information. You acknowledge and agree that this type of content is provided for general planning purposes only; and you acknowledge and agree that weather conditions, construction projects, closures, or other events or circumstances may cause schedules or other information to differ from what is presented through the Site or the Services. Additionally, the Site or the Services may provide information or direct you to information on transportation-related services or programs such as carpools and vanpools, casual carpooling, and Bike to Work Day. Participants in such programs or those that act on the information provided do so at their own risk. You agree to exercise all reasonable judgment and take all appropriate steps, including without limitation consulting additional sources of information and taking all appropriate safeguards, in relation to your use of any such information or participation in any such programs. YOU AGREE THAT WE ARE NOT LIABLE FOR YOUR USE OF OR RELIANCE ON THE SITE OR THE SERVICES OR PARTICIPATION IN ANY PROGRAMS DESCRIBED ON THE SITE.
WE PROVIDE THE SITE AND THE SERVICES “AS IS,” WITHOUT WARRANTY OF ANY KIND; AND TO THE MAXIMUM EXTENT ALLOWED BY LAW, WE DISCLAIM ANY EXPRESS OR IMPLIED WARRANTY REGARDING THE SITE OR THE SERVICES —INCLUDING WITHOUT LIMITATION ANY WARRANTIES OF ACCURACY, FREEDOM FROM INTERRUPTION OF SERVICE OR AVAILABILITY, FREEDOM FROM VIRUS OR OTHER HARMFUL CODE, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT.
Restrictions on Use
Unless you have received prior written authorization from MTC:
- you may not sell, rent, lease, re-distribute, re-publish, re-transmit, display publicly, modify, create derivative works from, or otherwise exploit the Site or the Services, or any of their contents;
- you may not access or use the Site or the Services through any technology or means other than those provided in the Site or the Services;
- you may not access or use the Site or the Services in a manner that gives you or any other person access to mass downloads or bulk feeds of any content from the Site or the Services;
- you may not access or use the Site or the Services through any automated or non-human means, such as through bots, spiders, scripts, or software, except where such means are used for the sole purpose of search engine optimization;
- you may not access or use the Site or the Services for purpose of scraping, harvesting, mining, or other data extraction;
- you may not access or use the Site or the Services for any interference, disruption, or other illegal or unauthorized purposes, such as interference with the operations of the Site or the Services or interference with access to the Site or the Services, such as through viruses, Trojan horses, worms, time bombs, cancelbots, or other such applications;
- you may not reverse engineer, decompile or otherwise attempt to extract the source code of the Site or the Services or any part thereof, unless expressly permitted or required by applicable law; and
- you may not delete, obscure, or in any manner alter any warning, notice (including but not limited to any copyright or other proprietary rights notice), or link that appears in the Site or in or through Services.
“Prior written authorization from MTC” includes authorized use of the various resources on the Developer page accessible at 511.org, including without limitation the Open511 data APIs at https://511.org/developers/list/apis/. Such authorized use may include, e.g., permission to re-distribute, re-publish, re-transmit, display publicly, or otherwise exploit, as provided by written agreement with MTC.
Your Communications To Us
Additional Limitations of Liability
TO THE MAXIMUM EXTENT ALLOWED BY LAW, WE AND OUR COMMISSIONERS, OFFICERS, EMPLOYEES, AND AGENTS WILL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES (INCLUDING WITHOUT LIMITATION ANY LOSS OF PROFITS, DATA, USE, OR GOODWILL) RESULTING OR RELATING IN ANY WAY TO YOUR ACCESS OR USE OF (OR INABILITY TO ACCESS OR USE) THE SITE OR THE SERVICES—WHETHER BASED ON WARRANTY, CONTRACT, TORT/NEGLIGENCE, OR OTHER LEGAL THEORY—EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
THE LAWS OF SOME JURISDICTIONS MAY NOT ALLOW THE LIMITATION OF LIABILITY SET FORTH ABOVE, SO THIS LIMITATION OF LIABILITY MAY NOT APPLY TO YOU. IF ANY PART OF THIS LIMITATION ON LIABILITY IS FOUND TO BE INVALID OR UNENFORCEABLE FOR ANY REASON, THE AGGREGATE LIABILITY OF US AND OUR COMMISSIONERS, OFFICERS, EMPLOYEES, AND AGENTS UNDER SUCH CIRCUMSTANCES FOR LIABILITIES THAT OTHERWISE WOULD HAVE BEEN LIMITED SHALL NOT EXCEED ONE HUNDRED DOLLARS ($100).
Parental control protections (such as computer hardware, software, or filtering services) are commercially available to assist you in limiting access to material that is harmful to minors. 47U.S.C.S.§ 230(d) requires us to tell you that you may obtain these types of tools from the commercial providers, such as KidsWatch, AVG Family Safety, Safe Eyes, Netgear Live Parental Controls, NETBLOX, and ZoneAlarm SocialGuard. We do not sponsor or endorse and we are not affiliated with any of these providers.
No Endorsement of Third Party Websites, Products, or Services
The Site or the Services may contain or feature references (including without limitation advertisements, hypertext or other links to other websites or applications) that are not owned, operated, controlled or reviewed by us. MTC does review and moderate comments of the 511SFBayDeveloperRespources Google Group. These references and links are provided solely as a courtesy and convenience to you and do not constitute sponsorship, endorsement, or recommendation by us or other affiliation with us. MTC also has separate agreements with private ridesharing companies to list their apps on 511.org, and actively promote and provide incentives for their use. WE SPECIFICALLY DISCLAIM ANY AND ALL LIABILITY FROM DAMAGES THAT MAY RESULT FROM THE ACCESSING OR USE OF ANY THIRD-PARTY WEBSITES OR THIRD-PARTY SOFTWARE APPLICATIONS.
Governing Law and Jurisdiction
Effective: September 15, 2016.