The static and real-time General Transit Feed Specification data (collectively, the “GTFS Data”) of the Westchester County (the “County”) Bee-Line Bus System (the “Bee-Line”) is being made available on the County website (the “Website”) subject to the terms of use contained herein (the “Terms of Use”).
Acceptance of Terms of Use; User Representation And Warranty
By accessing and/or using the GTFS Data, each User (as defined below) accepts and agrees to be bound by these Terms of Use.
Each User represents and warrants to the County that it can lawfully, and is lawfully authorized to, accept these Terms of Use and agree to bound by them, and to access and/or use the GTFS Data for the Eligible Purpose.
Access And Use; Eligibility
Any, a.) person located in the United States who is eighteen (18) year of age or older, and b.) corporate entity located in the United States, and authorized to do business in the State of New York, (collectively, “Prospective Users”) is permitted to access and use the GTFS Data for the Eligible Purpose (as defined below), subject to these Terms of Use, but such access and/or use shall only be permitted to the extent that the particular manner of the Prospective User’s access and/or use is not prohibited by law or these Terms of Use. All other persons and corporate entities are forbidden to access and/or use the GTFS Data. All Prospective Users who access and/or use the GTFS Data shall, collectively, be “Users”, and each shall be a “User”, hereunder.
The GTFS Data shall be accessed and/or used by each User solely for the purpose of promoting the use of, and assisting the public in using, the Bee-Line (the “Eligible Purpose”).
Period of Availability
The GTFS Data shall be available to each User at the Website for only as long as the County, in its sole discretion, makes the GTFS Data available at the Website.
The County retains sole and absolute discretion in determining whether to continue to make the GTFS Data available at all and, if so, to what person(s) and/or entity/ies, in what geographic area(s), for what purpose(s), and under what terms of use.
The County may cease making the GTFS Data available to one or more Users, or all Users, at any time, for any reason or no reason, either temporarily or permanently, with no prior notice.
For as long as the GTFS Data is made available to Users, each User will have access to the GTFS Data, in its then-current iteration, as of its posting, and shall continue to have access until either, a.) a new iteration of the GTFS Data is posted, or b.) the County terminates either, i.) any given agreement with a given User by ending the availability of the GTFS Data to such given User, or ii.) all of the agreements between the itself and all Users by ending the availability of the GTFS Data to all Users.
Release, Indemnity, Defense, And Hold Harmless; No Warranties; No Responsibility; No Liability
Each User does hereby release in perpetuity, and agree to indemnify, defend, and hold harmless, the County, its officers, employees, agents, and elected officials (the “County Parties”) from and against any and all liability, damage, claims, demands, costs, judgments, fees, attorney’s fees or loss of any nature arising directly or indirectly out of, or in any way connected with, the User’s access to and/or use of the GTFS Data, or the User’s agreement to these Terms of Use.
The GTFS Data is being provided “as is”, “with all faults”, and “as available”. The County disclaims all warranties of any kind, express or implied, concerning access to, or use of, the GTFS Data, including, without limitation, its quality, accuracy, completeness, usefulness, timeliness, reliability, functionality, merchantability, or fitness for a particular purpose.
The County Parties shall not be responsible for any issue(s) whatsoever with regard to the GTFS Data, including, without limitation, any error, omission, interruption, deletion, defect, delay, failure, or malfunction involving equipment, hardware, software, or communications impacting; theft, loss, or destruction concerning; any unauthorized access to, any alteration of, or any incorrect, inaccurate, incomplete, or improperly formatted data within; or any lack of availability of; or any other issue, whether or not technical in nature, whether or not cause by human error, and whether or not caused by, or not remedied by, the County and/or a User or User regarding, the GTFS Data.
Without limiting any other provision hereunder, the County Parties shall have no liability whatsoever to any User, or any other party, for any damages, losses, or other costs of any nature (including, without limitation, attorney’s fees) related to any claim whatsoever, whether in contract, tort, or otherwise, that is directly or indirectly related to, or arises directly or indirectly out of, the GTFS Data and/or these Terms of Use, even in the event that the County Parties had actual or constructive notice that such claim might arise and/or that damages, losses, or other costs might occur or result.
Consideration
The provisions of the immediately previous section of these Terms of Use shall be sufficient consideration from each User in exchange for the ability of each such User to access and/or use the GTFS Data as specified in these Terms of Use.
Costs
Each User shall, without limitation, pay all costs associated with its access and/or use of the GTFS Data. The County shall not incur any costs whatsoever in connection with any individual User’s access and/or use of the GTFS Data.
Compliance with Law
Each User shall comply, at its own expense, with all applicable federal, state and local laws, rules, regulations, orders, executive orders, ordinances, and all other sources of lawful authority with regard to these Terms of Use and to access to and/or use of the GTFS Data.
No Waiver
Failure of the County to insist, in any one or more instances, upon strict performance of any term or condition herein contained shall not be deemed a waiver or relinquishment of such term or condition, but the same shall remain in full force and effect.
Relationship of the Parties; County Logos
No User shall, in its use of the GTFS Data, express or imply any affiliation or relationship (outside of these Terms of Use) with, or sponsorship or endorsement by, the County.
No User shall use any logo of the County, including, without limitation, any logo of the Bee-Line, without the prior express written consent of the County, subject to any necessary legal approvals.
Ownership; No Lease; No Transfer of Property Rights
The GTFS Data, and any and all other property of the County that is or may become involved in these Terms of Use, shall remain the property of the County. It is expressly understood that these Terms of Use do no constitute a lease and that no ownership or property right whatsoever is being transferred to any User or all Users.
No Disposal
Each User shall not make any delegation or assignment of, or otherwise transfer or dispose of, any right or duty provided under these Terms of Use, without the prior express written consent of the County, subject to any necessary legal approvals.
Choice of Law; Choice of Venue
These Terms of Use shall be construed and enforced in accordance with the laws of the State of New York. Any cause of action, or claim of any nature, arising out of, or in any way relating to, these Terms of Use and to access to and/or use of the GTFS Data shall be brought in the County of Westchester, State of New York. Each User expressly consents to the personal jurisdiction of the courts in the County of Westchester, State of New York.
Severability
If any term or provision of these Terms of Use is held by a court of competent jurisdiction to be invalid or void or unenforceable, the remainder of the terms and provisions of these Terms of Use shall in no way be affected, impaired, or invalidated, and to the extent permitted by applicable law, any such term, or provision shall be restricted in applicability or reformed to the minimum extent required for such to be enforceable. This provision shall be interpreted and enforced to give effect to the original written intent of these Terms of Use prior to the determination of such invalidity or unenforceability.
Without limiting any other provision hereunder, in the event that these Terms of Use are challenged by any legal or regulatory authority and/or if any term of provision of these Terms of Use is held by a court of competent jurisdiction to be invalid or void or unenforceable, the County reserves the right to thereafter discontinue or modify the availability of the GTFS Data in total, or in any affected geographic area(s) and/or with respect to any one or more specific Users.
Entire Agreement And Modification
These Terms of Use include all of the terms applicable to each User’s access and/or use of the GTFS Data and shall supersede all previous negotiations, commitments and writings. No User shall be released or discharged from its obligation hereunder, or any term or condition of these Terms of Use changed or modified, without the prior express written consent of the County, subject to any necessary legal approvals.
The County reserves the right to modify these Terms of Use at any time, without any prior notice. Each User’s continued access to, and use of, the GTFS Data after such modification shall signify its consent to be bound by such terms as modified.
Notices
All notices, requests, demands, or other communications to the County concerning these Terms of Use shall be in writing and shall be deemed given when delivered by hand or mailed postage prepaid, certified mail, return receipt requested, to the addresses as set forth below or to such other addresses as the County may designate in writing pursuant to this section. Notices shall be sent to the following and shall be effective upon receipt:
To the County:
Commissioner
Department of Public Works and Transportation
148 Martine Avenue, Room 500
White Plains, New York 10601
With a copy to each of:
County Attorney
Department of Law
148 Martine Avenue, Room 600
White Plains, New York 10601
and
Commissioner
Department of Planning
148 Martine Avenue, Room 400
White Plains, New York 10601
Headings
The headings herein are inserted for the convenience of the parties only and shall not be deemed a part of these Terms of Use.