The website currently accessible at www.bayareafastrak.org (the "Site") is owned and operated by the Bay Area Toll Authority ("BATA", "we", "our," or "us"). These Terms of Use apply to any access or use of the Site, including without limitation any content, service, or feature of the Site (together, the "Services"), by you ("you" or "your"). By accessing or otherwise using the Site or the Services, you agree to be legally bound by these Terms of Use—and further acknowledge consent to our collection and use of information as set forth in the FasTrak® Privacy Policy.
PLEASE REVIEW THESE TERMS OF USE AND THE PRIVACY POLICY CAREFULLY. YOUR USE OF THE SITES OR THE SERVICES CONSTITUTES YOUR ACCEPTANCE OF THESE TERMS OF USE AND THE PRIVACY POLICY.
License for Use
Subject to these Terms of Use, we grant you a personal, limited, non-exclusive license to access and use the Site and the Services, for your personal, individual, non-commercial, and non-automated use only. You may not access or use the Site or the Services except for these express purposes and as expressly allowed by these Terms of Use, except as provided by written agreement with BATA.
Limitations and Disclaimers
The Site and the Services may allow you to access various content. You acknowledge and agree that this type of content is provided for general purposes only; and you acknowledge and agree that circumstances may cause information to differ from what is presented through the Site or the Services. You agree to exercise all reasonable judgment and take all appropriate steps, including without limitation consulting additional sources of information and taking all appropriate safeguards, in relation to your use of any such information or participation in any such programs. YOU AGREE THAT WE ARE NOT LIABLE FOR YOUR USE OF OR RELIANCE ON THE SITE OR THE SERVICES OR PARTICIPATION IN ANY PROGRAM DESCRIBED ON THE SITES.
WE PROVIDE THE SITE AND THE SERVICES "AS IS," WITHOUT WARRANTY OF ANY KIND; AND TO THE MAXIMUM EXTENT ALLOWED BY LAW, WE DISCLAIM ANY EXPRESS OR IMPLIED WARRANTY REGARDING THE SITE OR THE SERVICES —INCLUDING WITHOUT LIMITATION ANY WARRANTIES OF ACCURACY, FREEDOM FROM INTERRUPTION OF SERVICE OR AVAILABILITY, FREEDOM FROM VIRUS OR OTHER HARMFUL CODE, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT.
Restrictions on Use
Unless you have received prior written authorization from BATA:
- you may not sell, rent, lease, re-distribute, re-publish, re-transmit, display publicly, modify, create derivative works from, or otherwise exploit the Site or the Services, or any of their contents;
- you may not access or use the Site or the Services through any technology or means other than those provided in the Site or the Services;
- you may not access or use the Site or the Services in a manner that gives you or any other person access to mass downloads or bulk feeds of any content from the Site or the Services;
- you may not access or use the Site or the Services through any automated or non-human means, such as through bots, spiders, scripts, or software, except where such means are used for the sole purpose of search engine optimization;
- you may not access or use the Site or the Services for purpose of scraping, harvesting, mining, or other data extraction;
- you may not access or use the Site or the Services for any interference, disruption, or other illegal or unauthorized purposes, such as interference with the operations of the Site or the Services or interference with access to the Site or the Services, such as through viruses, Trojan horses, worms, time bombs, cancelbots, or other such applications;
- you may not reverse engineer, decompile or otherwise attempt to extract the source code of the Site or the Services or any part thereof, unless expressly permitted or required by applicable law; and
- you may not delete, obscure, or in any manner alter any warning, notice (including but not limited to any copyright or other proprietary rights notice), or link that appears in the Site or in or through Services.
Your Communications To Us
The Site or the Services may provide you with the ability to contact us, such as through e-mail addresses, contact forms, or other means. If you communicate with us regarding any ideas, input, feedback, or anything of similar nature, you grant us a perpetual, irrevocable, nonexclusive, royalty-free license to use any such ideas, input, feedback, or anything of similar nature, subject to the FasTrak Privacy Policy.
Indemnity
YOU AGREE TO DEFEND AND INDEMNIFY US AND OUR COMMISSIONERS, OFFICERS, EMPLOYEES, AND AGENTS FOR ANY CLAIMS RESULTING FROM OR RELATING IN ANY WAY TO YOUR BREACH OF ANY PROVISION OF THESE TERMS OF USE AND YOUR USE OF THE SITE OR THE SERVICES.
Additional Limitations of Liability
TO THE MAXIMUM EXTENT ALLOWED BY LAW, WE AND OUR COMMISSIONERS, OFFICERS, EMPLOYEES, AND AGENTS WILL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES (INCLUDING WITHOUT LIMITATION ANY LOSS OF PROFITS, DATA, USE, OR GOODWILL) RESULTING OR RELATING IN ANY WAY TO YOUR ACCESS OR USE OF (OR INABILITY TO ACCESS OR USE) THE SITE OR THE SERVICES —WHETHER BASED ON WARRANTY, CONTRACT, TORT/NEGLIGENCE, OR OTHER LEGAL THEORY —EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
THE LAWS OF SOME JURISDICTIONS MAY NOT ALLOW THE LIMITATION OF LIABILITY SET FORTH ABOVE, SO THIS LIMITATION OF LIABILITY MAY NOT APPLY TO YOU. IF ANY PART OF THIS LIMITATION ON LIABILITY IS FOUND TO BE INVALID OR UNENFORCEABLE FOR ANY REASON, THE AGGREGATE LIABILITY OF US AND OUR COMMISSIONERS, OFFICERS, EMPLOYEES, AND AGENTS UNDER SUCH CIRCUMSTANCES FOR LIABILITIES THAT OTHERWISE WOULD HAVE BEEN LIMITED SHALL NOT EXCEED ONE HUNDRED DOLLARS ($100).
Parental Control
Parental control protections (such as computer hardware, software, or filtering services) are commercially available to assist you in limiting access to material that is harmful to minors. 47U.S.C.S.§ 230(d) requires us to tell you that you may obtain these types of tools from the commercial providers, such as KidsWatch, AVG Family Safety, Safe Eyes, Netgear Live Parental Controls, NETBLOX, and ZoneAlarmSocialGuard. We do not sponsor or endorse and we are not affiliated with any of these providers.
No Endorsement of Third Party Websites, Products, or Services
The Site or the Services may contain or feature references (including without limitation advertisements, hypertext or other links to other websites or applications) that are not owned, operated, controlled or reviewed by us. These references and links are provided solely as a courtesy and convenience to you and do not constitute sponsorship, endorsement, or recommendation by us or other affiliation with us. WE SPECIFICALLY DISCLAIM ANY AND ALL LIABILITY FROM DAMAGES THAT MAY RESULT FROM THE ACCESSING OR USE OF ANY THIRD-PARTY WEBSITES OR THIRD-PARTY SOFTWARE APPLICATIONS.
Changes to Terms of Use
If there is a change to these Terms of Use, we will post the new Terms of Use on the Site. By continuing to access or otherwise use the Sites or the Services, you agree to be legally bound by any such new Terms of Use.
Governing Law and Jurisdiction
These Terms of Use shall be interpreted under and governed by the laws of the State of California, without reference to its choice-of-law provisions. All claims arising or relating in any way to these Terms of Use must be brought solely in the County of Alameda, California; and with respect to any such claims, you waive any objection regarding this location being an inconvenient forum, and you consent to personal jurisdiction in the State of California.
Miscellaneous
These Terms of Use constitute the entire agreement between you and us with respect to matters set forth in these Terms of Use and supersede any prior or contemporaneous understanding or agreement; and there are no third-party beneficiaries to these Terms of Use. These Terms of Use will bind and inure to the benefit of any assignees or successors in interest of or to you or us. Section and paragraph headings in these Terms of Use are used for convenience and reference only and in no way define, limit, extend or otherwise describe the scope or intent of these Terms of Use and may not affect the meaning or interpretation of these Terms of Use. If any provision of these Terms of Use is deemed invalid or unenforceable, that provision will be reformed and construed consistently with applicable law as nearly as possible to reflect the original intentions of these Terms of Use; and in any event, the remaining provisions of these Terms of Use will remain in full force and effect. No waiver of any of the provisions of these Terms of Use is a waiver of any other provision, whether or not similar, nor does any waiver constitute a continuing waiver.
Effective: December 1, 2012