Welcome to www.nittec.org, a website (the “Site”) provided by Niagara International Transportation Technology Coalition, (“NITTEC”), and the mobile app made available on the Site or otherwise by NITTEC (the “App”). Your use of the Site and the App is at all times subject to the following terms, and you are deemed to have accepted these terms by using the Site or the App. You should review these terms carefully, and be sure you understand them, prior to using the Site or the App. If you do not agree to these terms, you must immediately exit the Site and not use the App.
The Site, the App, all content on the Site or the App (collectively "Content"), plus all copyrights, trademarks, service marks and other intellectual property rights in the Site, the App and the Content (collectively the “Resources”) are owned, or licensed from third parties, by NITTEC. You are not granted, whether expressly or implicitly, any license or other right to access, copy, create derivative works of, distribute, modify, publish, transmit or use the Resources, unless set forth in writing signed by NITTEC or its licensee (as the case may be) or expressly set forth herein. Any such access, copying, creation of derivative works, distribution, modification, publication, transmission or use not expressly permitted pursuant to the immediately preceding sentence is prohibited.
2. Scope of Use
The Resources are only offered to provide you with real-time information relating to traffic, weather or other conditions affecting transportation in Buffalo and Western New York. You may only access, print and use the Resources for purposes that are not unlawful, fraudulent, harassing, indecent, obscene or offensive. NITTEC reserves the right, whether with or without notice, and in its sole discretion, to modify the Resources, terminate any person’s use of the Resources or discontinue all or any portion of the Resources.
4. Third-Party Websites
5. Warranty Disclaimer
THE RESOURCES ARE PROVIDED "AS IS" AND WITHOUT ANY WARRANTY OR REPRESENTATION OF ANY KIND, WHETHER EXPRESS OR IMPLIED (INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE).
6. Limitation on Liability
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, NITTEC SHALL NOT HAVE ANY LIABILITY FOR ANY CONSEQUENTIAL, DIRECT, INCIDENTAL OR OTHER DAMAGES WHATSOEVER ARISING FROM OR RELATED TO YOUR USE OF, OR INABILITY TO USE, THE RESOURCES, HOWEVER CAUSED, REGARDLESS OF THE THEORY OF LIABILITY (INCLUDING, BUT NOT LIMITED TO, BREACH OF CONTRACT, TORT OR OTHER), AND EVEN IF NITTEC KNEW, OR SHOULD HAVE KNOWN, OF THE POSSIBILITY OF SUCH DAMAGES. HOWEVER, IF A COURT SHOULD DETERMINE THAT THE IMMEDIATELY PRECEDING SENTENCE IS NOT ENFORCEABLE FOR ANY REASON, NITTEC’S AGGREGATE LIABILITY SHALL BE LIMITED TO ANY DIRECT DAMAGES ACTUALLY INCURRED BY YOU.
You must indemnify, defend and hold harmless NITTEC, its members and other affiliates, and its and their employees, officers and other agents, from all costs, expenses, damages, fines, liabilities, losses, penalties and other payments (including, but not limited to, all reasonable fees and disbursements of counsel to NITTEC) in connection with (a) your accessing, and using, the Resources, or (b) your failing to perform any obligation pursuant to these terms.
8. Copyright Infringement
If you believe that any Content infringes your copyright, you must in writing (a) identify for NITTEC the copyrighted work that you believe has been infringed, (b) identify for NITTEC the Content that you believe infringes the copyrighted work referred to in clause (a) of this sentence, (c) provide NITTEC with your name, mailing address, e-mail address and daytime phone number, and (d) state that (i) you have a good-faith belief that the Content identified in clause (b) of this sentence infringes the copyrighted work identified in clause (a) of this sentence, (ii) under penalty of perjury, all information being provided by you in such writing is accurate and (iii) you are either the owner, or authorized to act on behalf of the owner, of the copyrighted work identified in clause (a) of this sentence. Such writing must also be (a) signed, either manually or electronically, by the owner, or someone authorized to act on behalf of the owner, of the copyrighted work that you believe has been infringed and (b) sent to NITTEC at email@example.com.
Whenever possible, each provision of these terms shall be interpreted to be effective and valid under applicable law. If, however, any such provision shall be prohibited by or invalid under such law, it shall be deemed modified to conform to the minimum requirements of such law, or if for any reason it is not so modified, it shall be prohibited or invalid only to the extent of such prohibition or invalidity without the remainder of such provision, or any other provision of these terms, being prohibited or invalid.
These terms may only be revised (a) in a writing signed by you and NITTEC and (b) unilaterally by NITTEC from time to time by posting the revised terms on the Site, with the revised terms taking effect immediately upon such posting. It is your responsibility to periodically check these terms on the Site for revisions. Your use of the Resources following the posting of any revisions to these terms on the Site will be deemed an irrevocable acceptance by you of such revisions.
These terms (a) shall be governed by, and interpreted and construed in accordance with, the laws of the state of New York, without regard to principles of conflict of laws, and (b) contain the entire agreement, and supersede all prior oral and written proposals, understandings and agreements, between you and NITTEC with respect to the Resources.
13. Contact Information
If you (a) have any questions or desire additional information regarding the Resources or these terms, or (b) desire to contact NITTEC for any other reason, please write to or call NITTEC at firstname.lastname@example.org or (716) 847-2450
Effective Date: May 25, 2018