Transit Data Terms of Use

These Terms of Use ("Terms") govern the use of Transit Data (the "Data") provided by Pierce Transit.

The following Terms govern the use of the Data that is made available through Pierce Transit’s Open Transit Data portal. By using the Data or completing the registration required to access the data, you agree to be bound by all of the terms and conditions set forth in these Terms. You and all users who receive the Data from you are bound by these Terms. If you provide the Data to others, you agree to include provisions substantially similar to these Terms in the term of use that apply to your provision of Data to others.

1. License: Pierce Transit grants to you a limited, revocable license to use, and display the Data in accordance with these terms.
2. Usage Metrics: You agree to provide relevant usage metrics to Pierce Transit, on request. These might include, but not be limited to, the number of app downloads, number of page views or number of website users. (This requirement does not need to be passed on to end users.)
3. No Changes: You also agree to not change the Data as published and to use the most current Data available. (This requirement does not need to be passed on to end users.)
4. Other Users Subject to Same Terms: You agree to provide these Terms to all users who receive the Data from you.
5. Email Address: You agree to provide us with an email address so that we may notify you of any changes to APIs or other materials made available through Pierce Transit’s Open Transit Data portal. (This requirement does not need to be passed on to end users.)
6. Usage: You are free to use the Data in any way you choose with the following exceptions:
   • Malicious intent
   • Intent to commit a crime
   • Any personally identifiable information of any transit worker or rider that may have been shared by a member of the public using comment/feedback functions is not to be distributed or shared publicly
7. No Use of Trademarks: All trademarks and services marks of Pierce Transit ("Marks") are valuable intellectual property, and Pierce Transit retains all rights it has in its Marks. You are not authorized to use any mark or include Pierce Transit’s name to in the name of a business or application, but may identify the Data as provided on an “AS IS” basis by Pierce Transit.
8. Reserved Rights: Pierce Transit reserves the right to alter or no longer provide Data, or to impose limitations on your access to or usage of the Data, at any time without prior notice. You agree that Pierce Transit retains all right, title, and interest in the Data, and any intellectual property rights embodied therein, that you acquire no such rights from distribution of the Data, and that you will not attempt to restrict, limit or prevent Pierce Transit’s use of the Data or the Marks.
9. DISCLAIMER OF WARRANTIES: THE DATA IS PROVIDED TO YOU ON AN "AS IS" AND "AS AVAILABLE" BASIS, 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.
10. Disclaimer of Liability and Damages: Pierce Transit’s liability for damages is limited to $5.00. In no event will Pierce Transit be liable to you for any indirect damages, even if Pierce Transit 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 Data. The parties intend that this limitation and disclaimer should apply to the fullest extent possible.
11. Indemnity: You agree to indemnify, defend, and hold harmless Pierce Transit 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 or distribution of the Data.
12. Applicable Law: The laws of the State of Washington will govern all rights and obligations under these Terms, and you agree to the exclusive jurisdiction of the state and federal courts located in the Western District of Washington for any dispute concerning these Terms or their subject matter.
13. Entire Agreement: These Terms constitute the complete and exclusive agreement between Pierce Transit and you with respect to its subject matter and supersedes all prior oral or written understandings, communications, or agreements not specifically incorporated herein. Pierce Transit reserves the right to revoke this agreement at any time including terminating your access to the Data.
14. Severability and Waiver: The invalidity of any term or provision of these Terms will not affect the validity of any other provision. Waiver of strict performances of any provision of these Terms will not be a waiver of or prejudice the Pierce Transit’s right to require strict performance of the same provision in the future or of any other provision of these Terms.