Terms and Conditions of Use
Thank you for visiting the San Francisco County Transportation Authority (“Transportation Authority”) website, www.sfcta.org (the “Website”). Use of the Website, its content and the services or functionality, including, but not limited to, any information, photographs, maps, tools, customer communications, project bidding, links to third party websites or downloadable content, promotional material, (collectively, the “Services”) is governed by these Terms and Conditions (the “Terms”), and to the extent applicable, the current version of the Transportation Authority’s Privacy Policy. By using the Website and its content, you agree to be bound by these Terms.
The Transportation Authority may at any time revise these Terms without notice. It is your responsibility to regularly review the Terms for any changes. These Terms are available and accessible online from the link included on each page of the Website. Use of the Services following any change to the Terms will be deemed an acceptance of such Terms. Any such changes, modifications or alterations to these Terms may affect your use of the Website without any liability or responsibility of Transportation Authority.
Permitted Use
The rights granted to you under these Terms are limited to accessing and displaying or otherwise utilizing the Website and Services. The Website and Services are available as a resource for your personal, non-commercial use, not intended for or directed towards commercial advantage or monetary compensation, and may not be used as a part of any advertisement, promotion or other commercial endeavor. You shall not change, tamper, dismantle, augment, misrepresent, modify, reproduce, redistribute, or frame any of the content contained on the Website, or received via the use of the Services, without the advanced, written consent of the Transportation Authority and any relevant third party affiliates, provided, however, that you may print and download portions of material from the different areas of the Website solely for your own non-commercial use provided that you agree not to change or delete any trademark, copyright or proprietary notices from the materials. You shall not use the Website and/or Services in any way that causes detriment or disruption to the Website or the Transportation Authority. You agree that access to and use of the Website and Services is subject to these Terms, prohibiting unauthorized redistribution and publication and requiring protection of the Transportation Authority’s Intellectual Property rights, as further defined below. You acknowledge the Transportation Authority as the owner of the Website and provider of the Services, and in no event shall you claim ownership of the content received via your use of the Website and/or Services. You shall not represent yourself as the Transportation Authority or an agent or partner of the Transportation Authority or make any representations, warranties or guarantees to third parties with respect to the Services. You agree to comply with all applicable laws and regulatory requirements in relation to your receipt and use of the Website and Services. You shall not have any rights to assign, transfer or convey this agreement to any third party.
Intellectual Property
All content accessible via the Website and its Services, including all logos, maps, tools, text, images, audio, video, feeds, databases and software, as well as the collection, arrangement, assembly and presentation of the Website’s pages, are the sole and exclusive property of the Transportation Authority or its content suppliers and/or licensors and are protected by copyright and other Intellectual Property laws. You may not use the Transportation Authority logo, map or any other content from the Website or Services in any work, publication, website, document or other medium without advanced, written permission from the Transportation Authority.
The Transportation Authority logo and the designations are trademarks of the Transportation Authority (collectively with any future trademarks used or registered by the Transportation Authority, the “Transportation Authority Marks”). The Transportation Authority Marks may not be used in connection with any product or service that is not Transportation Authority’s in any manner that is likely to cause confusion among customers. Other products, services or company names used on the Website may be trademarks of their respective owners.
You further acknowledge and agree that Transportation Authority, or its content suppliers and/or licensors, own all right, title and interest in and to all Intellectual Property contained in and/or used via the Website and/or Services including without limitation, any and all patents, know-how, trademarks, service marks, copyrights, database rights, rights in commercial or technical information, or any other rights in any invention, discovery or process, as well as any other intellectual property rights, whether registered or unregistered, and including applications for the grant of any such rights and all rights or forms or protection having equivalent or similar effect in each case in the United States and anywhere else around the world. You shall not acquire any right, title, or interest in or to the Website, the Services or any content contained or provided therein.
Software
The Transportation Authority makes certain software products (“Software”) available via the Website and/or the Services including without limitation the Maps & Data and the Transportation Analysis Tools. Although you may use the software, you may not reproduce or redistribute it. The Software is subject to the specific Software License Agreement (“SLA”) that accompanies its distribution. You should read and understand the SLA of any Software before downloading or using such Software.
Links To Other Websites
Some links on the Website take you to other websites. These other websites may not be under the control of the Transportation Authority, and the Transportation Authority is not responsible for their content. Transportation Authority is providing these links as a convenience, and in doing so does not imply support or endorsement of any kind.
No Automated Queries
You shall not send scripted, automated or otherwise programmed queries of any sort to the Website without express written permission in advance from the Transportation Authority.
DISCLAIMER OF WARRANTIES
ALTHOUGH THE TRANSPORTATION AUTHORITY MAKES EVERY EFFORT TO ENSURE THE INFORMATION PRESENTED ON THE WEBSITE AND VIA THE USE OF THE SERVICES IS TRUTHFUL AND ACCURATE, THE WEBSITE AND ITS SERVICES ARE PROVIDED ON AN “AS IS” AND “WITH ALL FAULTS” BASIS. THE TRANSPORTATION AUTHORITY MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, AS TO THE OPERATION, CONTENT, ACCURACY, SUFFICIENCY OR COMPLETENESS OF THIS WEBSITE, THE SERVICES OR ANY OTHER WEBSITE TO WHICH THE TRANSPORTATION AUTHORITY HAS PROVIDED A LINK. TO THE FULLEST EXTENT PERMITTED BY LAW, THE TRANSPORTATION AUTHORITY DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE, WHICH BY YOUR USE OF THIS WEBSITE AND/OR THE SERVICES YOU EXPRESSLY AGREE ARE WAIVED.
Limitation of Liability
The Transportation Authority, its members, Directors, agents and employees, will not be liable for any loss or damages of any kind arising from the use of, or inability to use, the Website, the Services or any other website, content or services to which the Transportation Authority has provided a link, including, but not limited to, direct, indirect, incidental, compensatory, punitive, special, consequential or exemplary damages, lost profits, lost sales or business, anticipated revenue, interest, expenditures, investments or commitments in connection with any business, loss of goodwill, loss of use, or other such claims arising from any causes whatsoever, irrespective of whether the Transportation Authority had been informed of, knew of, or should have known of the likelihood of such damages, claims or losses. This limitation applies to all causes of action in the aggregate, including, without limitation, breach of contract, breach of warranty, negligence, strict liability, misrepresentation and other torts. You agree to bear the entire risk as to quality, accuracy or performance of the Website or Services.
Indemnity
By using the Website and/or Services, you expressly agree to indemnify and hold the Transportation Authority and its members, employees, directors, officers, agents, assigns and/or affiliates harmless from and against any and all liability and expenses, including reasonable defense costs and legal fees, caused by your use of the Website and/or the Services, or the dissemination and possession of any content you received via your use of the Website and/or the Services.
Notice For California Users
Under California Civil Code Section 1789.3, California users of the Website and/or Services are entitled to the following specific consumer rights notice: The Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs may be contacted in writing at 400 R Street, Suite 1080, Sacramento, California 95814, or by telephone at (916) 445-1254 or (800) 952-5210. The Website is operated by the Transportation Authority, 1455 Market Street, 22nd Floor, San Francisco, CA 94103, 415-522-4800.
Termination
The Transportation Authority shall have the right in its sole discretion to terminate your use of the Website and Services if you are found to have used the Website and/or Services in a manner inconsistent with these Terms.
In addition, the Transportation Authority may change, suspend or discontinue all or any aspect of the Website or Services, including its availability, at any time, and may suspend or terminate your use of the Services at any time and for any reason. The Transportation Authority reserves the right to make changes to these Terms at any time.
Privacy
The Transportation Authority’s Privacy Policy will apply to all personally identifiable information collected in connection with your use of the Website or the Services, including any mobile or digital application. The Transportation Authority’s Privacy Policy can be found and accessed from any page of the Website.
Applicable Law
The Website and, Services are created, controlled and provided by the Transportation Authority in the State of California, United States of America. As such, the laws of the State of California will govern these Terms, without giving effect to any conflicts of laws principles. In any dispute, venue and jurisdiction shall reside in San Francisco County, California.
Miscellaneous
Failure by the Transportation Authority to insist upon strict performance of any part of these Terms, or delay in or failure to exercise any rights or remedies to which it is entitled, shall not constitute a waiver of such right or remedies, nor shall termination of these Terms by the Transportation Authority operate as a waiver of any of these Terms. Any express waiver of any breach of these Terms by the Transportation Authority does not constitute a waiver of any subsequent breach of these Terms. Waivers shall only be valid if recorded in writing and signed by the Transportation Authority.
If any provision of these Terms is held invalid, illegal or unenforceable for any reason by any court of competent jurisdiction, such provision shall be severed from these Terms and the remaining provisions shall continue in full force and effect as if these Terms had been executed without the invalid, illegal or unenforceable provision.
The provisions of the “Disclaimer of Warranties,” “Limitation of Liabilities,” and “Indemnity” sections above, including, without limitation, all provisions of these Terms that are necessary to give effect to those sections, shall survive the termination of these Terms.
Entire Agreement
These Terms, and all documents referred to herein, including the Privacy Policy, constitute the entire agreement between you and the Transportation Authority and govern your use of the Website and Services, superseding any prior agreements between you and the Transportation Authority governing your use of the Website and Services.
Effective Date: August 19, 2020