1. LINKING POLICY–NOT A PUBLIC FORUM
The Site is not a forum for public communication and debate, but a means for EMBARK to provide information relating to EMBARK 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 EMBARK in its sole discretion. EMBARK permits links from other web sites 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 EMBARK's name and trademarks or be displayed in any manner that is likely to cause confusion among the public or disparage or discredit EMBARK;
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 EMBARK or that views expressed on the website are those of EMBARK. EMBARK reserves the right to require that the linking website include notice stating that it is an unofficial web site and is not endorsed by, sponsored by or affiliated with EMBARK and that any views expressed on the website are not those of EMBARK; 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
EMBARK 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. You agree that EMBARK will not be liable to you for any modification, suspension or discontinuance of the Service.
3. TERMINATION OF SERVICE TO YOU
You agree that EMBARK, in 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, our belief that you have violated or acted inconsistently with the letter or spirit of these Terms. You agree that any termination of your access to the Service under any provision of these Terms may occur without prior notice to you, and you also agree that EMBARK will not be liable to you for any termination of your access to the Service.
4. RESTRICTIONS ON USE
All materials published on the Site, including, but not limited to, trademarks, service marks, maps, schedules, arrival information, fare information, photographs and illustrations (collectively, the "Content"), are the property of EMBARK unless otherwise indicated. Third-party trademarks are the property of their respective owners. You may use the Content displayed on the Site. Use of EMBARK'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 EMBARK.
5. WEB SERVICES API
This section governs your use of data made available through EMBARK's Web Services API (the "Data"). EMBARK grants you a limited, revocable license to use, reproduce, redistribute and display the Data in accordance with these terms. You are not authorized to make any use of any proprietary service marks of EMBARK. 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 of this Site is the property of EMBARK 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 EMBARK, and is likewise protected by US and international copyright laws.
All trademarks, service marks and trade names ("Trademarks") of EMBARK used herein (including, but not limited to, EMBARK, MAX, TRANSIT TRACKER, THE NEXT BIG THING DOWNTOWN and QUICK DROP, the slogan "SEE WHERE IT TAKES YOU" and the EMBARK logos (see below)) are trademarks or registered trademarks of EMBARK and may not be used in any manner that is likely to cause confusion, or in any manner that disparages or discredits EMBARK. The EMBARK trademarks may not be used in connection with the products or services of others, except for the use of a text link or a EMBARK web logo to link to this site, in accordance with these Terms and EMBARK's linking policy. All other trademarks not owned by EMBARK 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. EMBARK 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 or your workers, 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 EMBARK BE LIABLE FOR ANY DIRECT OR INDIRECT DAMAGES, EVEN IF EMBARK 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.
You agree to indemnify, defend and hold harmless EMBARK 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 in connection with your use of the Service or 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 EMBARK of strict performances of any provision of these Terms will not be a waiver of or prejudice EMBARK'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 or Data.