CARS-Hub Terms and Conditions of Use and Access
The Maine State Department of Transportation (“MaineDOT”) operates the 511Maine.gov travel information service. MaineDOT is making available to individuals and organizations (“Users”) access to the 511Maine.gov real-time and static transportation and travel data feeds (“Data Feeds”). The intent of providing this data access is to foster the development of new and innovative travel information services, products, and applications that lead to a safer and more reliable, efficient, convenient, and user-friendly transportation system in the State of Maine .
Terms and Conditions
These Terms and Conditions govern User access to, and use of, the Data Feeds. Access to, and permission to use, the Data Feeds are provided only to Users that agree to comply with these Terms and Conditions (as set forth here, or as may be amended by MaineDOT). All Users agree to these Terms and Conditions when signing up for feed access; they confirm their on-going agreement by their use of the Data Feeds.
Users request access to the 511Maine.gov Data Feeds by:
- going to the website: http://www.iowadot.gov/511/xmlfeed.html
- selecting (clicking on) “online request form” and
- completing and submitting the access request form.
In applying for access Users are required to provide information that is true in all aspects and agree to keep MaineDOT updated if there are any material changes to the original sign-up information.
Each request for access must include a brief description of the User's intended service, product, or application that will use the Data Feeds, including the identification of any third-party users to whom the User will be providing feed data. Users may redistribute, enhance, repackage, or otherwise add value to the contents of the Data Feeds. However, the integrity of the source data must be preserved and cannot be altered in any way.
All access requests will be reviewed by MaineDOT. Incomplete requests, or requests not adequately describing the intended use of the Data Feeds, may result in access being delayed or denied. Any proposed use of the Data Feeds that disparages 511Maine.gov or its products or services; infringes on any intellectual property or other rights; violates any state, federal, or international law; or otherwise contravenes these Terms and Conditions will result in a denial of access.
A User granted access to the Data Feeds will be responsible for all activities attributable to that access. No User may use their access privileges to engage in activities that cause (or have the potential to cause) interference with, or disruption to, the functioning, networks, equipment, or users of the 511Maine.gov travel information service. Any use of the Data Feeds that disparages 511Maine.gov or its products or services; infringes on any intellectual property or other rights; violates any state, federal, or international law; or otherwise fails to abide by these Terms and Conditions will result in a withdrawal of access privileges.
When using or incorporating the MaineDOT Data Feeds in their services, products, or applications, Users must acknowledge the MaineDOT or 511Maine.gov as the source of the data. Users also are encouraged to provide a link to www.511Maine.gov with their service, product, or application, as appropriate.
Failure to comply with this requirement is grounds for termination of access to the Data Feeds.
MaineDOT reserves the right to publicize any User's involvement with 511Maine.gov and its Data Feed access program.
Availability of Data Feeds
MaineDOT is committed to maintaining a cooperative working relationship with Users to maximize the benefits of the 511Maine.gov travel information service to the public. Reasonable efforts will be made by MaineDOT to advise Users in a timely fashion of both expected and unexpected changes in the operational status of the 511Maine.gov Data Feeds. MaineDOT reserves the right to modify or discontinue the Data Feeds at any time without notice, and reserves the right to require the immediate cessation of any use of the Data Feeds by any User.
Users are encouraged to notify MaineDOT of any suspected Data Feed operational or maintenance problems. Users should recognize that MaineDOT and the 511Maine.gov Data Feeds program have very limited resources. Problems with the Data Feeds may not be resolved immediately and no technical assistance to Users regarding any and all aspects of the Data Feeds is promised.
Disclaimers, Limitation of Liability
It is the intention of MaineDOT that the 511Maine.gov Data Feed program will compile data from the best available sources and will provide a best effort approach to the provision and dissemination of such information. However, Users are cautioned that data availability and data accuracy are all subject to change, and may change daily. Actual posted restrictions may be at variance with, and supersede the information available from, the 511Maine.gov Data Feeds. MaineDOT makes, and Users receive, no warranty regarding the Data Feeds or their contents, whether express or implied, and all warranties of merchantability and fitness of the Data Feeds for any particular purpose are expressly disclaimed. MaineDOT makes no warranty that the Data Feeds will be provided in an uninterrupted manner, or that they will be free of errors. Access to the Data Feeds is provided on an "as is" and "with all faults" basis, with the entire risk as to quality and performance with the Users.
Each User acknowledges and agrees to this disclaimer in their use of the Data Feeds and will use their best efforts to provide this disclaimer with respect to the distribution of the data to third parties or the public.
The creation, development, provision, or distribution of services, products, or applications using any element of the 511Maine.gov Data Feeds does not increase the likelihood of a User being awarded a contract by MaineDOT - now or in the future.
The CARS-Hub Users understands that Castle Rock is not selling information to, nor incurring profit from, any third party through this agreement.
- Users of the CARS-Hub data feeds are responsible for their own programming and any associated resources needed to download, store, and use the data.
- Neither Castle Rock nor the CARS member agencies shall be held liable for any improper or incorrect use of the data described and/or contained in the CARS-Hub feeds. Neither Castle Rock nor the CARS member agencies assume responsibility for anyone's use of the information in the CARS-Hub feeds. In no event shall Castle Rock or any CARS member agency be liable for any direct, indirect, incidental, special, exemplary, or consequential damages (including, but not limited to, procurement of substitute goods or services; infringement of privacy; loss of use, data, or profits; or business interruption) however caused and on any theory of liability, whether in contract, strict liability, or tort (including negligence or otherwise) arising in any way out of the use of this system, even if advised of the possibility of such damage. This disclaimer of liability applies to any damages or injury, including but not limited to those caused by any failure of performance, error, omission, interruption, deletion, defect, delay in operation or transmission, computer virus, communication line failure, theft or destruction or unauthorized access to, alteration of, or use of record, whether for breach of contract, tortious behavior, negligence or under any other cause of action.
- Neither Castle Rock nor the CARS member agencies shall be liable for lost revenues or indirect, special, incidental, consequential, exemplary, or punitive damages derived from the provided information.
- Information provided by the CARS-Hub feed is disseminated “as is” and “as available,” and neither Castle Rock nor the CARS member agencies shall be contractually required to vouch for its accuracy. In particular, Castle Rock and the CARS member agencies do not represent or warrant to CARS-Hub users that:
- Their use of the service will meet their requirements;
- Their use of the service will be uninterrupted, timely, secure, or free from error;
- That any information obtained by them as a result of their use of the service will be accurate or reliable; and
- That defects in the operation or functionality of any software provided under this service will be corrected.
- Although the data found in the CARS-Hub feeds has been produced and processed from sources believed to be reliable, no warranty, express or implied, is made regarding accuracy, adequacy, completeness, legality, reliability or usefulness of any of the information. This disclaimer applies to both isolated and aggregate uses of the information. All warranties of any kind, express or implied, including but not limited to the implied warranties of merchantability, fitness for a particular purpose, freedom from contamination by computer viruses and non-infringement of proprietary rights are expressly disclaimed. Changes may be periodically added to the information herein. Data can also quickly become out-of-date. It is recommended that careful attention be paid to the contents of any metadata associated with each feed. Users that find any errors or omissions are encouraged to report them to the CARS member agency responsible for the data.
- Due to the dynamic nature of the Internet, resources that are free and publicly available one day may require a fee or restrict access the next, and the location of items may change as menus, homepages, and files are reorganized. User expressly agrees that use of the CARS Hub data feeds is at the user's sole risk. Neither Castle Rock nor the CARS member agencies warrant that the service will be uninterrupted or be error-free.
- Information in the CARS-Hub feeds is provided on a non-exclusive basis.
Warranties and Indemnities
- Users of the CARS-Hub data feeds agrees to defend, indemnify, and hold harmless Castle Rock and the CARS member agencies and their respective directors, officers, employees, and agents from and against all claims and expenses, including attorneys' fees, arising out of the use of the data maintained on the CARS-Hub sites.
- Both Castle Rock and the CARS states shall have the authority to terminate the use of the feed by a third party at their discretion.
- We may impose or adjust the limit on the number of transactions private access users may send or receive through the Hub, at our discretion.
Fee Associated with 511Maine.gov Real-Time and Static Data Feed
MaineDOT requires no fee from Users to access the 511Maine.gov Data Feeds.
MaineDOT Contact Information Regarding 511Maine.gov Data Feeds
Russell D. Charette, P.E.
16 State House Station
Augusta, ME 04333
MaineDOT encourages open and on-going communications between the 511Maine.gov Data Feeds program and Users and welcomes comments, suggestions, and new ideas regarding the program.
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