1. Linking policy–not a public forum
The Content Area is not a forum for public communication and debate, but a means for IndyGo to provide information relating to IndyGo data resources, programs, and projects to the public and its customers. IndyGo will not endorse any Third-Party content or applications except those developed or procured by the Company.
All decisions as to the placement of links to external sites, pages, content or applications from the Content Area will be made by IndyGo in its sole discretion. IndyGo may permit 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 IndyGo’s name and service mark or be displayed in any manner that is likely to cause confusion among the public or disparage or discredit IndyGo;
- 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 IndyGo or that views expressed on the website are those of the Company. IndyGo 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 IndyGo and that any views expressed on the website are not those of IndyGo; 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
IndyGo 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 IndyGo will not be liable to you for any modification, suspension or discontinuance of the Service.
3. Restrictions on use
All materials published on www.IndyGo.net, including, but not limited to, trademarks, service marks, maps, schedules, arrival information, fare information, photographs and illustrations (collectively, “IndyGo Content”), are the property of IndyGo unless otherwise indicated. Third-party trademarks are the property of their respective owners. You may use IndyGo Content displayed on the Site.
4. Termination of service to you
You agree that IndyGo, in its sole discretion, may terminate your right to use IndyGo Content, 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. IndyGo retains the right to order you to cease using IndyGo Content and if you do not cease use of IndyGo Content within five (5) days of receiving notice to that effect you will reimburse IPTC for the cost of any legal action required to cause you to cease using IndyGo Content. 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 IndyGo will not be liable to you for any termination of your access to the Service.
5. Copyrights, logos and service marks
All IndyGo Content is the property of IndyGo or its content suppliers, and is protected by Indiana, United States and international copyright laws. The compilation of IndyGo Content is the exclusive property of the Company, and is likewise protected by Indiana, US and international copyright laws.
All IndyGo service marks, product names, logos and trade names used herein (including, but not limited to, INDYGO, OPEN DOOR, INDYGO ONLINE TRIP PLANNER, GREEN LINE, INDYGO GREEN) (see below) are Service Marks of IndyGo and may not be used in any manner that is likely to cause confusion, or in any manner that disparages or discredits IndyGo. The IndyGo Service Marks may not be used in connection with the products or services of others, except for the use of a text link or IndyGo logo to link to this site, in accordance with these Terms and IndyGo’s linking policy. All other trademarks not owned by IndyGo that appear on this site are the property of their respective owners.
6. 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. IndyGo 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 INDYGO BE LIABLE FOR ANY DIRECT OR INDIRECT DAMAGES, EVEN IF INDYGO 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 IndyGo 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.
8. Severability and waiver
The invalidity of any term or provision of these Terms will not affect the validity of any other provision. Waiver by IndyGo of strict performances of any provision of these Terms will not be a waiver of or prejudice IndyGo’s right to require strict performance of the same provision in the future or of any other provision of these Terms.
9. 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.