1. Restrictions on use
All materials published on the Site, including, but not limited to, trademarks, service marks, logos, maps, schedules, arrival information, fare information, photographs and illustrations (collectively, the "Content"), is and shall remain the sole property of OTS and/or the City and County of Honolulu (the "City"), unless otherwise indicated. Third-party trademarks are the property of their respective owners.
2. Linking policy
All decisions as to the placement of links to external sites or pages from the Site will be made by OTS in its sole discretion. All information, content or materials appearing on such external sites are not controlled, sponsored nor approved by OTS and OTS disclaims all legal responsibility for such information, content and materials.
OTS permits links from other websites in accordance with the following conditions:
3. No guaranteed availability
OTS reserves the right, at any time and from time to time, to modify or discontinue the Service or the Site (or any part thereof), temporarily or permanently, with or without notice to you. You agree that OTS will not be liable to you for any modification, suspension or discontinuance of the Service or the Site.
4. Termination of service to you
You agree that OTS, in its sole discretion, may terminate your password, account (or any part thereof) or use of the Service or the Site, and remove and discard any content within the Service or the Site for any reason, including, without limitation, our belief that you have violated or acted inconsistently with the letter or spirit of these Terms. You agree that any termination of your access to the Service or the Site under any provision of these Terms may occur without prior notice to you, and you also agree that OTS will not be liable to you for any termination of your access to the Service or the Site.
5. Copyrights and trademarks
All Content of this Site is the property of OTS, the City, or the content suppliers of OTS, and is protected by United States and international copyright laws. The compilation of the Content on this Site is the exclusive property of OTS and/or the City, and is likewise protected by US and international copyright laws.
All trademarks, service marks and trade names ("Trademarks") of OTS used herein (including, but not limited to, TheBus and TheBus logos) are property of OTS and/or the City and may not be used in any manner without the prior written approval of OTS, except for the use of a text link or a OTS web logo to link to this Site, in accordance with these Terms and OTS's linking policy.
6. Disclaimer of warranties and limitation of liability
YOU AGREE THAT THE SERVICE AND THE SITE 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. OTS does not warrant that the Service or Site will be available at any given time, secure, accurate or free of error. You agree to use the Service and Site at your own risk, and you assume the risk that the Service or Site may provide incorrect information to you or your workers, as well as the risk that any material downloaded by you from the Service or the Site may cause loss of data or damage to your computer system.
YOU UNDERSTAND AND AGREE THAT IN NO EVENT WILL OTS BE LIABLE FOR ANY DIRECT OR INDIRECT DAMAGES, EVEN IF OTS IS AWARE OF THE POSSIBILITY OF SUCH DAMAGES, INCLUDING WITHOUT LIMITATION LOSS OF PROFITS OR FOR ANY OTHER SPECIAL, CONSEQUENTIAL, EXEMPLARY, INCIDENTAL OR PUNITIVE 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 THE SITE. 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 OTS and its officers, directors, and employees from and against all fines, suits, proceedings, claims, causes of action, demands, damages, costs, expenses and liabilities of any kind or of any nature, arising out of or in connection with your use of the Service or the Site.
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 OTS of strict performances of any provision of these Terms will not be a waiver of or prejudice OTS'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 the Site.
10. Governing law
The laws of the State of Hawaii will govern these Terms and any dispute that may arise between you and OTS. You submit to the personal jurisdiction of and venue in the state and federal courts located in the State of Hawaii and any cause of action shall exclusively be brought in such courts.