Terms of Use

Welcome to the Utah Transit Authority ("UTA") Developer website (the "Service" or "Site"). These Terms of Use ("Terms") govern your access to and use of the Site. The Site is available for your use only on the condition that you and the organization you represent ("You") agree to the Terms set forth below which may be updated or modified by UTA at any time at its sole discretion. If You do not agree to all the Terms set forth herein, do not access or use the Site or download any material from it. By accessing or using the Site, You consent to be bound by the following Terms.

1. Linking policy–not a public forum

The Site is not a forum for public communication and debate but a means for UTA to provide information relating to UTA 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 UTA at its sole discretion. UTA permits links from other websites in accordance with the following conditions:

• The appearance, position and other aspects of the link may not be such as to damage or dilute the goodwill associated with UTA's name and trademarks or be displayed in any manner that is likely to cause confusion among the public or disparage or discredit UTA;
• The appearance, position and other attributes of the link may not create the false impression that an organization or entity is sponsored by, affiliated with or associated with UTA or that views expressed on the website are those of UTA. UTA reserves the right to require that the linking website include a notice stating that it is an unofficial website and is not endorsed by, sponsored by or affiliated with UTA and that any views expressed on the website are not those of UTA; and
• When selected by a user, the link must display the Site full-screen and not within a frame on the linking website.

2. No guaranteed availability

UTA reserves the right at any time and from time to time to modify or discontinue the Service (or any part thereof), temporarily or permanently, with or without notice to You. UTA will not be liable to You for any modification, suspension or discontinuance of the Service.

3. Termination of service to You

UTA, at its sole discretion, may terminate your password, account (or any part thereof) or use of the Service, and remove and discard any content within the Service, for any reason, including, without limitation, UTA’s belief that You have violated or acted inconsistently with these Terms. Any termination of your access to the Service under any provision of these Terms may occur without prior notice to You. UTA will not be liable to You for any termination of your access to the Service. Accessing the Site after termination of your account shall constitute an act of trespass.

4. Restrictions on use

All materials published on the Site, including, but not limited to, trademarks, service marks, maps, schedules, departure information, fare information, photographs and illustrations (collectively, the "Content"), is the property of UTA unless otherwise indicated. Third-party trademarks are the property of their respective owners. You may use the Content displayed on the Site. Use of UTA's web services Application Programming Interface ("API") requires registration and is governed by additional terms. Any other use, including reproduction, modification, distribution, transmission, republication, display or performance, is strictly prohibited without the express written consent of UTA.

5. Web Services API

UTA grants You a limited, revocable license to use, reproduce, and redistribute UTA’s Web Services API ("Data") in accordance with the terms of this section. You must present the Data with the following legend, prominently displayed: "Route and departure data provided by permission of UTA" unless otherwise agreed by UTA in writing. Other than displaying this legend, You are not authorized to make any use of any proprietary service marks of UTA. The Data is provided to You "as is" and "as available" 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.

6. Copyrights and trademarks

All Content on this Site is the property of UTA or its Content suppliers, and is protected by United States and international copyright laws. The compilation of the Content on this Site is the exclusive property of UTA, and is likewise protected by US and international copyright laws.

All trademarks, service marks and trade names ("Trademarks") of UTA used herein (including, but not limited to, UTA, MAX, and the UTA logos) are trademarks or registered trademarks of UTA and may not be used in any manner that is likely to cause confusion or in any manner that disparages or discredits UTA. The UTA trademarks may not be used in connection with the products or services of others, except for the use of a text link or a UTA web logo to link to this Site, in accordance with these Terms and UTA's linking policy. All other trademarks not owned by UTA that appear on this Site are the property of their respective owners.

7. Disclaimer of warranties and limitation of liability

YOU AGREE THAT THE SERVICE AND DATA ARE PROVIDED TO YOU "AS IS" AND "AS AVAILABLE" 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. UTA does not warrant that the Service or Data will be available at any given time, secure, accurate or free of error. You use the Service and Data at your own risk, and You assume the risk that the Service or Data may provide incorrect information to You, your employees, and anyone who to whom you provide the Data, the risk that the Data may or may not infringe on the intellectual property rights of others, as well as the risk that any material downloaded by You from the Service may cause loss of data or damage to your computer system.

YOU UNDERSTAND AND AGREE THAT IN NO EVENT WILL UTA BE LIABLE FOR ANY DIRECT OR INDIRECT DAMAGES, EVEN IF UTA IS 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 SERVICE OR DATA. THE PARTIES INTEND THAT THIS LIMITATION SHOULD APPLY EVEN IF IT CAUSES ANY WARRANTY TO FAIL OF ITS ESSENTIAL PURPOSE.

8. Indemnity

You agree to indemnify, defend and hold harmless UTA 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 related to your use of the Service and Data. You understand and agree that UTA has and will have no duty to indemnify you (and is and will not be liable to you) for, from and against any fines, suits, proceedings, claims, causes of action demands, or liabilities of any kind or of any nature arising out of or related to the Services and Data or your use of the Services and Data.

9. Severability and waiver

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

10. Entire 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 Service and Data.

11. Jurisdiction and Governing Law

To the fullest extent permitted by law, any proceeding arising out of or relating to your use of the Site shall be instituted in a state or federal court sitting in Salt Lake County, State of Utah. You expressly waive any objection that You may have now or hereafter to the venue or jurisdiction of any such proceeding. To the fullest extent permitted by law, these Terms are governed by the laws of the State of Utah.