As part of the data terms, we ask that you review our Intellectual Property policy. (restrictions apply)
AAATA/TheRide grants you a limited, nonexclusive, non-assignable, nontransferable, revocable license to use, reproduce, distribute, display, process and create derivative works of AAATA Data as provided by AAATA through the application programming interfaces (“APIs”), data feeds or otherwise for the sole purpose of assisting mass transportation riders or in furtherance of promoting public transportation. Except as expressly provided in this Agreement, AAATA Data may not be used, in whole or in part, for any other purpose, without the express permission of CTA.
The Data is collected from various sources and will change over time and without notice.
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.
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.
AAATA/TheRide 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.
Should you use the Data for any purposes, you agree to provide the following legend, prominently displayed: "Transit scheduling, geographic, and real-time data provided by permission of AAATA/TheRide" unless otherwise agreed by AAATA/TheRide in writing. Other than displaying this legend, you are not authorized to make any use of any proprietary service marks of AAATA/TheRide, including the AAATA/TheRide logo, or any confusingly similar variant thereof.
Ownership of Data
AAATA/TheRide reasonably believes that making this Data available for your inspection is not an infringement or other violation of any intellectual property rights. To the extent copyright in said information is held by AAATA/TheRide, you are hereby permitted by AAATA/TheRide to copy, distribute, store (electronically or otherwise), create derivative works based on and perform and display (publicly or otherwise) such Data, and make such Data available to end users. However, the information made available from the Data contains material for which others may assert a copyright or other property interest, AAATA/TheRide and its officials and employees make no warranty or guarantee as to the ownership of any intellectual property or other property interest contained in the information. Furthermore, AAATA/TheRide expressly disclaims any responsibility to defend or indemnify you against claims which others may assert based on your copying, distribution, or other use of any of the information.
AAATA/TheRide 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 AAATA/TheRide will not be liable to you for any modification, suspension or discontinuance of access to the Data.
Notwithstanding any other provision in this Agreement, if you are in breach of your obligations under this Agreement, including, without limitation, the AAATA Intellectual Property Guidelines, AAATA has the right to terminate this Agreement immediately.
1. AAATA can take enforcement action against you and any or all of your applications if AAATA determines, in our sole judgment, that you or your application violates this Agreement. Enforcement actions can include disabling your application, restricting you and your application's access to the AAATA Data, terminating our agreements with you, or any other action as we in our sole discretion deem appropriate.
2. Upon any termination or expiration of this Agreement, you will promptly delete all AAATA Data from your application, computer systems or other storage devices and discontinue all use of the AAATA Intellectual Property. You agree to certify in writing that it has performed its obligations under this Section V if AAATA requests a certification.
Disclaimer of Warranties
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 THIS INFORMATION CONSTITUTE ANY WARRANTY.
Disclaimer of Liability
YOU UNDERSTAND AND AGREE THAT IN NO EVENT WILL AAATA/THERIDE 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.
The invalidity of any term or provision of these Terms will not affect the validity of any other provision. Waiver by AAATA/TheRide of strict performances of any provision of these Terms will not be a waiver of or prejudice AAATA/TheRide's right to require strict performance of the same provision in the future or of any other provision of these Terms.
You agree to indemnify, defend and hold harmless AAATA/TheRide 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.
Applicable Law and Forum
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 either the Federal District Court for the Eastern District of Michigan, or Washtenaw County Circuit Court. Michigan and federal law, as applicable, shall apply to all such matters.
You agree to at all times observe and comply with all applicable laws, ordinances, rules, regulations and executive orders of Federal, state and local government entities, now existing or hereinafter in effect, which may in any manner affect the performance of this Agreement. Provision(s) required by law, ordinances, rules, regulations or executive orders to be inserted herein will be deemed inserted herein whether or not they appear in this Agreement or, upon application by either party, this Agreement will forthwith be amended to literally make such insertion; however, in no event will failure to insert such provision(s) prevent the enforcement of this 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 Data.