Open Data Policy and Terms of Use

1. INTRODUCTION

Welcome to the Des Moines Area Regional Transit Authority ("DART") Developer website (the "Site"). The Site provides a gateway to data as provided by DART through the application programming interfaces and data feeds that consists of near-real-time DART bus locations and estimated arrival times (“DART Data”). Access to and use of the Site and the DART Data are provided to you subject to these Open Data Terms of Use (these “Terms of Use”). IF YOU DO NOT AGREE TO THESE TERMS OF USE, YOU MAY NOT USE THE SITE OR THE DART DATA.

2. LICENSE

Subject to your compliance with these Terms of Use, DART grants you a limited, non-exclusive, non-assignable, non-transferable and revocable license to use, reproduce, and distribute DART Data, solely for the purpose of assisting mass transportation riders and promoting public transportation .

3. FUTURE CHANGES TO TERMS OF USE

DART may at any time and from time to time change these Terms of Use. Notice of the changes will be posted on the Site. Any change is effective immediately upon posting, unless otherwise set forth.

4. COMPLIANCE WITH LAW

You assume sole responsibility for your use and reproduction of the DART Data and for compliance with all applicable laws and industry standards.

5. OWNERSHIP OF DART DATA

All right, title and interest in and to patents, copyrights, trademarks, and other intellectual property and ownership rights embodied in the DART Data, including, but not limited to, any new or useful art, discovery, improvement, technical development or invention, whether or not patentable, and all related know-how, designs, mask works, formulae, processes, trade secrets, ideas, artwork, software, hardware, graphics, layout, and modules, are DART’s sole and exclusive property and are protected from unauthorized use, copying and distribution by United States and international laws, regulations and international treaties. DART owns all rights in and to the DART Data, including, without limitation, any changes that you make to the DART Data. You do not acquire any rights in the DART Data by virtue of your use of the DART Data. All uses of the DART Data by you inure to the sole benefit of DART to the extent they relate to intellectual property and other proprietary rights owned by DART. You agree not to challenge, directly or indirectly, DART’s rights in the DART Data or assert any right, title or interest in or to the DART Data or assist any third party in doing so.

6. NO ENDORSEMENT

You may not publicly represent or imply that DART is participating in, is affiliated with, or has sponsored, approved or endorsed the manner or purpose of, your use of the DART Data. DART reserves the right to require that you include the following disclaimer at the site where any software application owned and/or created by you (“Application”) can be accessed or downloaded:

“This site provides applications using data that has been modified for use from its original source, www.ridedart.com, the official website of the Des Moines Regional Transit Authority (“DART”). This site is not endorsed by, sponsored by or affiliated with DART. Any views expressed on this site are not those of DART.”

7. NO ASSOCIATION

You may not use any trademark, official mark, official emblem or logo of DART or any of its other references or means of promotion or publicity without DART’s prior written consent. You may not represent an association or affiliation with DART. Your use of DART Data may not be such as to damage or dilute the goodwill associated with DART's name and trademarks or be displayed in any manner that is likely to cause confusion among the public or disparage or discredit DART.

8. RESTRICTIONS ON USE

All materials published on the Site, including, but not limited to, DART Data, trademarks, service marks, maps, schedules, departure information, fare information, photographs and illustrations (collectively, the "Content"), is the property of DART unless otherwise indicated. Third-party trademarks are the property of their respective owners. You may use the Content displayed on the Site, subject to these Terms of Use. Use of DART's website 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 DART.

You may cache DART Data in order to improve your Application, but you agree to take reasonable efforts to keep the DART Data up to date.

You may not sell, auction or barter any DART Data separate from your Application. If you are acquired by or merge with a third party, you can continue to use DART Data within your Application subject to these Terms of Use, but you may not transfer the DART Data outside your Application.

9. COPYRIGHTS AND TRADEMARKS

All Content on the Site is the property of DART 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 DART, and is likewise protected by United States and international copyright laws.

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

10. NO WARRANTY

YOU AGREE THAT THE SITE AND DART 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. DART does not warrant that the Site or the DART Data will be available at any given time, secure, accurate or free of error. You use the Site and DART Data at your own risk, and you assume the risk that the Site or DART Data may provide incorrect information to you, your employees, and anyone who to whom you provide the DART Data, the risk that the DART 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 Site may cause loss of data or damage to your computer system. DART reserves the right at any time and from time to time to modify or discontinue the DART Data, temporarily or permanently, with or without notice to you. DART will not be liable to you for any modification, suspension or discontinuance of the DART Data. DART reserves the right to alter, correct, and modify DART Data at any time without prior notice.

11. LIMITATION OF LIABILITY

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

12. INDEMNITY

You agree to indemnify, defend and hold harmless DART 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 these Terms of Use and your use of the Site and the DART Data. You understand and agree that DART 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 these Terms of Use, the Site and DART Data.

13. TERMINATION

DART, in its sole discretion, may terminate or suspend your access to or use of the Site and the DART Data, including but not limited to termination of your password, account (or any part thereof) or removal of any content, for any reason, including, without limitation, DART’s belief that you have violated or acted inconsistently with these Terms of Use. Any termination of your access to or use of the Site or the DART Data under any provision of these Terms of Use may occur without prior notice to you. DART will not be liable to you for any termination of your access to or use of the Site or the DART Data. Any access to or use of the Site or the DART Data by you after termination of your account shall constitute an act of trespass.

Upon any termination by DART, you shall promptly delete all DART Data from your Application, computer systems or other storage devices and discontinue all use of the DART brand assets. You agree to certify in writing that you have performed your obligations under this paragraph if DART requests such a certification.

14. SEVERABILITY

To the extent a court of competent jurisdiction determines that any part or provision of these Terms of Use are unenforceable as a matter of law, such part or provision of these Terms of Use will be deemed severable and the remainder of these Terms of Use will survive and remain enforceable.

15. NO WAIVER

If DART does not exercise or enforce any legal right or remedy contained in these Terms of Use (or that DART has under any applicable law), such inaction will not be taken to be a formal waiver of DART’s rights and those rights or remedies will still be available to DART. Any waiver of any provision of these Terms of Use will be effective only if DART expressly states in a written and signed document that DART is waiving a specified provision.

16. JURISDICTION AND GOVERNING LAW

To the fullest extent permitted by law, any proceeding arising out of or relating to these Terms of Service, including but not limited to your use of the Site, shall be instituted in a state or federal court sitting in Polk County, State of Iowa. 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 of Use are governed by the laws of the State of Iowa.

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