Monroe County Transportation Authority
1. Monroe County Transportation Authority grants You a limited, perpetual (to the extent set forth below), worldwide license to use, reproduce, store (both electronically and in hard copy), publish, perform and display (publicly or otherwise), create derivative works and redistribute the Data (collectively, “Use”) in accordance with these Terms. [As between You and Monroe County Transportation Authority, Monroe County Transportation Authority retains all right, title and interest in the Data.]
2. You shall comply with all applicable laws, rules and regulations in Your receipt and use of the Data. You shall not modify the Data to make it inaccurate, false or misleading.
3. You acknowledge that the Data is collected from various sources and will change over time and without notice.
4. You acknowledge that the Data is provided to You "AS IS" and "AS AVAILABLE" and "WITH ALL FAULTS" basis 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, nor shall the distribution of the Data constitute any warranty.
5. You acknowledge that the Data is not intended to constitute advice nor is it to be used as a substitute for specific advice from a professional. You should not act (or refrain from acting) based upon information in the Data without independently verifying the information and, as necessary, obtaining professional advice regarding Your particular facts and circumstances.
6. You Use the Data at Your own risk, and You assume the risk that the Data may provide incorrect information to You, as well as the risk that any material downloaded by You may cause loss of data or damage to Your computer system.
7. Monroe County Transportation Authority and its officials and employees assume no responsibility or legal liability for the accuracy, completeness, reliability, timeliness, or usefulness of any information available from the Data nor do they represent that the Use of any information will not infringe privately owned rights.
8. You may, but are not required to provide the following legend in connection with your Use of the Data as provided herein: "Transit scheduling, geographic, and real-time data provided by permission of Monroe County Transportation Authority.[Transit Authority assumes no responsibility for the accuracy or the currency of the Data used in this product or service” Other than displaying this legend, You are not authorized to make any use of any proprietary service marks of Monroe County Transportation Authority, including the Monroe County Transportation Authority logo, or any confusingly similar variant thereof without the express written permission of the Transit Authority.
9. Monroe County Transportation Authority believes (without verifying) that making this Data available for Your Use hereunder is not an infringement or other violation of the intellectual property rights of any third parties. However, others may assert copyright or other property rights in the Data [or the information made available from the Data]. Monroe County Transportation Authority and its officials and employees make no warranty or guarantee as to the ownership of any intellectual property or other property interest in the Data. Furthermore, Monroe County Transportation Authority expressly disclaims any responsibility to defend or indemnify You against claims which others may assert based on Your Use of the Data as provided in these Terms.
10. Monroe County Transportation Authority reserves the right at any time and from time to time to modify or discontinue access to the Data (or any part thereof), temporarily or permanently, with or without notice to You. You agree that Monroe County Transportation Authority will not be liable to You for any modification, suspension or discontinuance of access to the Data. Notwithstanding the above, You shall always retain a license in the Data that you have accessed and Used as provided in these Terms.
11. YOU UNDERSTAND AND AGREE THAT IN NO EVENT WILL MONROE COUNTY TRANPORTATION AUTHORITY BE LIABLE FOR ANY DIRECT OR INDIRECT DAMAGES, EVEN IF BOTH PARTIES ARE 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 DATA. THE PARTIES INTEND THAT THIS LIMITATION SHOULD APPLY EVEN IF IT CAUSES ANY WARRANTY TO FAIL OF ITS ESSENTIAL PURPOSE.
12. The invalidity of any term or provision of these Terms will not affect the validity of any other provision. Waiver by Monroe County Transportation Authority of strict performances of any provision of these Terms will not be a waiver of or prejudice Monroe County Transportation Authority's right to require strict performance of the same provision in the future or of any other provision of these Terms.
13. You agree to indemnify, defend and hold harmless Monroe County Transportation Authority 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 Data.
14. The exclusive jurisdiction and venue for any dispute, action, or suit of any nature involving the Data and its content, including, but not limited to, actions for injury to a person or property or infringement of intellectual property rights, shall reside in Stroudsburg, Pennsylvania, USA and federal law, as applicable, shall apply to all such matters, notwithstanding any conflict of laws principles.
15. 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 Your Use of the Data.