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Terms of Use

GTFS Resources

SUN TRAN GENERAL TRANSIT FEED SPECIFICATION (GTFS)
TERMS OF USE

The following Terms of Use ("Terms") are a legal agreement between Professional Transit Management/Veolia Transportation, Inc., d/b/a Sun Tran (collectively, "We," "Us," "Our," or "Sun Tran") and You, Your company, or Your third party designee (collectively, "You," "Your," or "Yourself") relating to Your access and use of data, information, material, or service relating to Sun Tran's General Transit Feed Specification ("GTFS") available on Our website at www.suntran.com (the "Site"). By clicking on the "I ACCEPT" button below and/or by You accessing or using any GTFS data, information, material, or service available on the Site, You signify that You have read, understand and agree to be bound by these Terms. Please read these Terms carefully prior to using or obtaining any GTFS data, information, material, or service available on the Site. If You do not agree to these Terms, please do not access, use, or download any GTFS data, information, material, or service available on the Site.

1. LINKING POLICY NOT A PUBLIC FORUM

The Site is not a forum for public communication and debate, but a means for Sun Tran to provide information relating to Sun Tran data resources, programs, and projects to the public and its customers. All decisions as to the placement of links to external sites or pages from the Site will be made by Sun Tran in its sole discretion. Sun Tran permits links from other web sites in accordance with the following conditions:

2. REGISTRATION TO USE THE GTFS DATA FOR SOFTWARE DEVELOPMENT

If You intend to use the GTFS Data for purposes of creating and developing software including, but not limited to, mobile applications, web-based applications, and cloud computing-based applications, then You must register a Software Developer account with Us. Registration may require information including, but not limited to, Your username, password, name, business name, address, telephone, and e-mail address.

3. USE OF GTFS DATA

By registering and agreeing to these Terms, We hereby grant You a non-exclusive, revocable, royalty-free license to reproduce the GTFS Data in your software program, to prepare Derivate Works (as defined by the U.S. Copyright Statute) based upon the GTFS Data, and to distribute copies of the GTFS Data for the sole purpose of developing software including, but not limited to, mobile applications, web-based applications, and cloud computing-based applications.

You must include the following disclaimer located in a prominent position where users of Your software program will see it before they download Your program: "This software program is not provided by, endorsed, or sponsored by SUN TRANSM transportation and as such, Sun Tran provides no warranty as the to the quality or use of this software program." You agree to exercise reasonable due diligence in checking the Site for any updates to the GTFS Data and update Your program to incorporate any updated GTFS Data.

4. INTELLECTUAL PROPERTY RIGHTS

Sun Tran maintains the entire right, title, and interest in the GTFS Data and to all Sun Tran trademarks and other intellectual property associated therewith unless specifically set forth in these Terms.

You shall maintain the entire right, title, and interest in any Derivative Works (as defined by the U.S. Copyright Statute) based upon the GTFS Data that You create independently from Sun Tran. In turn, You shall grant Sun Tran an irrevocable, perpetual, royalty-free license to use any Derivative Works based upon the GTFS Data that You create independently from Sun Tran.

All trademarks, service marks and trade names ("Trademarks") of Sun Tran used herein (including, but not limited to, 'Sun TranSM,' 'Sun ShuttleSM,' 'Sun LinkSM,' and corresponding logos (see below) are trademarks or registered trademarks of Sun Tran. You may only use the 'Sun TranSM,' 'Sun ShuttleSM,' or 'Sun LinkSM' marks in standard-character form to identify that Your software program includes Sun Tran GTFS Data or to link to the Site; any other use of the Trademarks are strictly prohibited. Additionally, You may not use the Trademarks in any manner that is likely to cause confusion, or in any manner that disparages or discredits Sun Tran. All other trademarks not owned by Sun Tran that appear on this Site are the property of their respective owners.

Your use of the 'Sun TranSM,' 'Sun ShuttleSM,' or 'Sun LinkSM' marks in standard-character form is by a non-exclusive, royalty-free trademark license that we may revoke at any time. Further, in consideration of this license, we reserve the right to be given a free copy of any and all versions of Your software program and at any time to review and monitor the quality of Your software program. Should we determine at any time that the quality of Your software program does not meet our standards in our sole and absolute discretion, we may revoke Your license to use the 'Sun TranSM,' 'Sun ShuttleSM,' or 'Sun LinkSM' marks in standard-character form and the license to the GTFS Data.

5. DISCLAIMER OF WARRANTIES:

(a) THE GTFS DATA IS PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS. WE EXPRESSLY DISCLAIM ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT.

(b) ANY GTFS DATA DOWNLOADED OR OTHERWISE OBTAINED BY YOU THROUGH YOUR ACCESS OR USE OF THE SITE IS DONE AT YOUR OWN DISCRETION AND RISK. YOU ASSUME THE RISK THAT THE GTFS DATA MAY PROVIDE INCORRECT INFORMATION TO YOU OR YOUR USERS, AND THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE OR HARM TO YOU OR YOUR USERS. SUN TRAN DOES NOT ENDORSE OR SPONSOR ANY SOFTWARE THAT YOU CREATE AND WHICH UTILIZES THE GTFS DATA, INCLUDING, BUT NOT LIMITED TO, ANY MOBILE APPLICATION, WEB-BASED APPLICATION, OR CLOUD COMPUTING-BASED APPLICATION UTILIZING THE GTFS DATA. ACCORDINGLY, YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE OR HARM TO YOU OR YOUR USERS ARISING OUT OF ANY SUCH SOFTWARE. FURTHER, YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOU OR YOUR USERS' COMPUTER SYSTEMS OR LOSS OF DATA THAT RESULTS FROM ANY SUCH SOFTWARE, OR FROM THE DOWNLOAD OF ANY SUCH GTFS DATA.

(c) WE ARE NOT RESPONSIBLE FOR ANY DAMAGE, LOSS OF DATA, CUSTOMER INFORMATION OR VENDOR DATA, REVENUE, OR OTHER HARM TO BUSINESS ARISING OUT OF DELAYS, MISDELIVERY OR NONDELIVERY OF THE GTFS DATA, RESTRICTION OR LOSS OF ACCESS, BUGS OR OTHER ERRORS, UNAUTHORIZED USE DUE TO YOUR ACCESS OR USE OF THE GTFS DATA. YOU ARE RESPONSIBLE FOR MAINTAINING AND BACKING-UP THE GTFS DATA DOWNLOADED OR OTHERWISE OBTAINED BY YOU THROUGH YOUR ACCESS OR USE OF THE SITE. WE DO NOT WARRANT THAT (i) THE GTFS DATA WILL MEET YOUR SPECIFIC REQUIREMENTS, (ii) THE GTFS DATA WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE, (iii) THE RESULTS THAT MAY BE OBTAINED FROM THE GTFS DATA WILL BE ACCURATE OR RELIABLE, (iv) THE QUALITY OF THE GTFS DATA WILL MEET YOUR EXPECTATIONS, AND (v) ANY ERRORS IN THE GTFS DATA WILL BE CORRECTED.

(d) NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED THROUGH OR FROM OUR SITE RELATING TO THE GTFS DATA SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THE TERMS.

6. LIMITATION OF LIABILITY

YOU EXPRESSLY UNDERSTAND AND AGREE THAT PROFESSIONAL TRANSIT MANAGEMENT/VEOLIA TRANSPORTATION, INC., D/B/A SUN TRAN SHALL NOT BE LIABLE FOR ANY INJURY, LOSS, CLAIM, DAMAGE, OR ANY SPECIAL, EXEMPLARY, PUNITIVE, INDIRECT, INCIDENTAL OR CONSEQUENTIAL DAMAGES OF ANY KIND (INCLUDING WITHOUT LIMITATION LOST PROFITS OR LOST SAVINGS), WHETHER BASED IN CONTRACT, WARRANTEE, TORT, STRICT LIABILITY OR OTHERWISE, INCLUDING BUT NOT LIMITED TO, DAMAGES TO OR VIRUSES THAT MAY INFECT YOUR OR YOUR USERS' COMPUTER SOFTWARE, EQUIPMENT OR OTHER PROPERTY, DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES (EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), THAT ARISES OUT OF OR IS IN ANY WAY CONNECTED WITH: (i) YOUR USE OR YOUR INABILITY TO USE THE GTFS DATA; (ii) UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA; (iii) ANY AND ALL CLAIMS OF INTELLECTUAL PROPERTY INFRINGEMENT, AND (iv) ANY OTHER MATTER RELATING TO THE GTFS DATA.

7. EXCLUSIONS AND LIMITATIONS

SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES OR THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES. ACCORDINGLY, SOME OF THE ABOVE LIMITATIONS OF SECTIONS 5 AND 6 MAY NOT APPLY TO YOU.

8. NO GUARANTEED AVAILABILITY

We reserve the right at any time and from time to time to modify or discontinue the GTFS Data (or any part thereof), temporarily or permanently, with or without notice to you. You agree that We will not be liable to you for any modification, suspension or discontinuance of the GTFS Data.

9. TERMINATION

You agree that Sun Tran, in its sole discretion, may terminate Your access or use of the GTFS Data, 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 or use of the GTFS Data under any provision of these Terms may occur without prior notice to You, and You also agree that Sun Tran will not be liable to You for any termination of Your access or use of the GTFS Data. Upon termination of Your access or use of the GTFS Data, You agree to return to Sun Tran all GTFS Data in Your possession, custody, and control within one (1) week of termination. Additionally, to the extent that the return to Sun Tran of all GTFS Data is not feasible, You agree to destroy all GTFS Data in Your possession, custody, and control including, but not limited to, all GTFS Data stored on all computer systems and servers in Your possession, custody, and control within one (1) week of termination.

10. INDEMNITY

You agree to indemnify and hold Professional Transit Management/Veolia Transportation, Inc., d/b/a Sun Tran, and its subsidiaries, affiliates, officers, directors, agents, co-branders or other partners, and employees, harmless from and against all fines, suits, proceedings, claims, causes of action, reasonable attorneys' fees and costs, demands, or liabilities of any kind or of any nature arising out of or in connection with Your access and use of the GTFS Data. You are responsible for Your actions when accessing or using the GTFS Data, including, but not limited to, costs incurred for Internet access.

11. SEVERABILITY AND WAIVER

The invalidity of any term or provision of these Terms will not affect the validity of any other provision. Waiver by Sun Tran of strict performances of any provision of these Terms will not be a waiver of or prejudice Sun Tran's right to require strict performance of the same provision in the future or of any other provision of these Terms.

12. ENTIRE AGREEMENT

These Terms constitute the entire agreement between You and Sun Tran as to this subject matter, and there are no other conflicting terms, conditions or obligations between You and Sun Tran relating to the access and use of the GTFS Data.

13. GOVERNING LAW; VENUE AND JURISDICTION

By accessing or using the GTFS Data, You agree that the laws of the State of Arizona, without regard to principles of conflict of laws, will govern these Terms and any dispute of any sort that might arise between You and Sun Tran or any of Our affiliates. With respect to any disputes or claims not subject to arbitration (as set forth below), You agree not to commence or prosecute any action in connection therewith other than in the state and federal courts located in and around Pima County, Tucson, Arizona, and You hereby consent to, and waive all defenses of lack of personal jurisdiction and forum non-conveniens with respect to, venue and jurisdiction in the courts in Pima County, Tucson, Arizona.

14. ARBITRATION

YOU AND PROFESSIONAL TRANSIT MANAGEMENT/VEOLIA TRANSPORTATION, INC., D/B/A SUN TRAN AGREE THAT THE SOLE AND EXCLUSIVE FORUM AND REMEDY FOR ANY AND ALL DISPUTES AND CLAIMS RELATING IN ANY WAY TO OR ARISING OUT OF THESE TERMS, THE GTFS DATA (INCLUDING YOUR ACCESS OR USE OF THE GTFS DATA) SHALL BE FINAL AND BINDING ARBITRATION.

The location of the arbitration shall be in Pima County, Arizona. If such costs are determined to be excessive in a consumer dispute, You will be responsible for paying all arbitration fees and arbitrator compensation in excess of what is deemed reasonable. The arbitrator's award shall be binding and may be entered as a judgment in any court of competent jurisdiction.

To the fullest extent permitted by applicable law, NO ARBITRATION OR CLAIM UNDER THESE TERMS SHALL BE JOINED TO ANY OTHER ARBITRATION OR CLAIM, INCLUDING ANY ARBITRATION OR CLAIM INVOLVING ANY OTHER CURRENT OR FORMER USER OF THE SERVICE, AND NO CLASS ARBITRATION PROCEEDINGS SHALL BE PERMITTED. In no event shall any claim, action or proceeding by You related in any way to these Terms, and the GTFS Data (including Your access or use of the GTFS Data) be instituted more than one (1) year after the cause of action arose.

15. PRIVACY POLICY

Your privacy is very important to Us. As part of these Terms, You are subject to Our Privacy Policy (click here), the Terms of which are incorporated into this Terms by reference.

16. GENERAL

Notices to You may be made via email, regular mail or an internal notification mechanism. The failure of Us to exercise or enforce any right or provision of the Terms shall not constitute a waiver of such right or provision. The Terms constitutes the entire agreement between You and Us and govern Your access and use of the GTFS Data. You also may be subject to other terms and conditions governing Your access or use of the Site, such as the Sun Tran Terms of Service and Sun Tran Privacy Policy. If any provision of these Terms is found by a court of competent jurisdiction to be invalid, the parties nevertheless agree that the court should endeavor to give effect to the parties' intentions as reflected in the provision, and the other provisions of the Terms remain in full force and effect. You agree that regardless of any statute or law to the contrary, any claim or cause of action arising out of or related Your access or use of the GTFS Data must be filed within one (1) year after such claim or cause of action arose or be forever barred. The section titles in the Terms are for convenience only and have no legal or contractual effect.

Posted October 29, 2013.