Terms of Use | About MTC

Terms of Use

CONDITIONS OF USE

These Terms of Use apply to any access or use of this web site (“the Site”), including without limitation any content or feature of the Site, by you.  By accessing or otherwise using the Site, 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 Privacy Policy.

PLEASE REVIEW THESE TERMS OF USE AND THE PRIVACY POLICY CAREFULLY. YOUR USE OF THE SITE 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, for your personal, individual, non-commercial, and non-automated use only. You may not access or use the Site except for these express purposes and as expressly allowed by these Terms of Use, except as provided by written agreement with the Metropolitan Transportation Commission (“MTC”), the Bay Area Toll Authority (“BATA”), the MTC Service Authority for Freeways and Expressways (“MTC SAFE”), the Bay Area Infrastructure Authority (“BAIFA”) and the Bay Area Headquarters Authority (“BAHA”) collectively referred to herein as “the Agencies,” “we,” or “us.”

Limitations and Disclaimers

The Site 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 that circumstances may cause information to differ from what is presented through the Site. 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. YOU AGREE THAT WE ARE NOT LIABLE FOR YOUR USE OF OR RELIANCE ON THE SITE.

THE AGENCIES PROVIDE THE SITE “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 —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 one of the Agencies:

  • 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 any of its content;
  • you may not access or use the Site through any technology or means other than those provided in the Site;
  • you may not access or use the Site in a manner that gives you or any other person access to mass downloads or bulk feeds of any content from the Site;
  • you may not access or use the Site 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 for purpose of scraping, harvesting, mining, or other data extraction;
  • you may not access or use the Site for any interference, disruption, or other illegal or unauthorized purposes, such as interference with the operations of the Site or interference with access to the Site, 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 any part thereof; 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.
Your Communications to Us

The Site 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 Privacy Policy.

Indemnity

YOU AGREE TO DEFEND AND INDEMNIFY THE AGENCIES AND THEIR 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.

Additional Limitations of Liability

TO THE MAXIMUM EXTENT ALLOWED BY LAW, NEITHER THE AGENCIES, THEIR COMMISSIONERS, OFFICERS, EMPLOYEES, NOR AGENTS WILL 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—WHETHER BASED ON WARRANTY, CONTRACT, TORT/NEGLIGENCE, OR OTHER LEGAL THEORY—EVEN IF THE AGENCIES 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 THE AGENCIES AND THEIR 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. 47 U.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, Safe Eyes, Netgear Live Parental Controls, and ZoneAlarm SocialGuard.  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 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 the Agencies. These references and links are provided solely as a courtesy and convenience to you and do not constitute sponsorship, endorsement, or recommendation by the Agencies or other affiliation with the Agencies.  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 Site, 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.