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BayAlerts - Terms and Conditions

BAYALERTS − TERMS AND CONDITIONS OF USE

PLEASE READ THESE TERMS AND CONDITIONS OF USE (“TERMS”) CAREFULLY BEFORE REGISTERING FOR AND USING THE SERVICES (DEFINED BELOW) PROVIDED BY THE SAN FRANCISCO BAY AREA WATER EMERGENCY TRANSPORTATION AUTHORITY (“WETA”). BY REGISTERING FOR AND USING THE SERVICES, YOU AGREE TO THESE TERMS. IF YOU DO NOT AGREE TO THESE TERMS OF USE, PLEASE DO NOT REGISTER FOR OR USE THE SERVICES.

1. General. WETA provides real time broadcasts of service information to registered Services users through its BayAlerts services ("Services"). “Services” information relates to travel on the San Francisco Bay Ferry (“SFBF”) and is provided via an internet messaging platform, that uses a variety of delivery options, including e-mail, text messaging, voice messaging, telecommunications devices for the deaf (TTY/TDD), pull messaging, and rich site summary (RSS) feeds. The information provided includes time-sensitive notifications regarding service interruptions (“Service Alerts”), SFBF news items(“News”), and special events and promotions (“Events/Promotions”). WETA has the right at any time to change or discontinue any of the Services or any aspect or feature of the Services, including, without limitation, the content, hours of availability, and equipment needed for access or use of the Services.

2. Privacy Policy. Unless required by law or authorized by you, WETA will not share, sell or divulge to any third persons, any personal information you share with us when registering for the Services.

3. Equipment and Software. You shall be responsible for obtaining and maintaining all telephone, computer hardware and software, and other equipment or software needed for access to and use of the Services and for paying any and all charges related thereto.

4. Restrictions on Use.

(a) By registering for the Services you represent that you are at least 18 years of age and that your are authorized to use the phone number(s) or email account(s) you have registered for receiving the Services.

(b) You shall use the Services for lawful purposes only. You shall not post or transmit through the Services any material, including, without limitation, any material which violates or infringes in any way upon the rights of others; which is unlawful, threatening, abusive, defamatory, invasive of privacy or publicity rights, vulgar, obscene, profane or otherwise objectionable; or which encourages conduct that would constitute a criminal offense, gives rise to civil liability or otherwise violates any law. You shall not use the Services to advertise or perform any commercial solicitation.

5. Disclaimer of Warranty; Limitation on Liability.

(a) YOU EXPRESSLY AGREE THAT USE OF THE SERVICES IS AT YOUR SOLE RISK. NEITHER WETA NOR ANY OF ITS DIRECTORS, OFFICERS, EMPLOYEES, CONTRACTORS OR AGENTS WARRANT THAT THE SERVICES WILL BE UNINTERRUPTED OR ERROR FREE; NOR DO THEY MAKE ANY WARRANTY AS TO THE RESULTS THAT MAY BE OBTAINED FROM USE OF THE SERVICES, OR FROM THE INFORMATION CONTAINED THEREIN, OR AS TO THE ACCURACY OR RELIABILITY OF ANY INFORMATION PROVIDED THROUGH THE SERVICES.

(b) THE SERVICES ARE PROVIDED ON AN "AS IS" BASIS WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, OTHER THAN THOSE WARRANTIES WHICH ARE IMPLIED BY AND INCAPABLE OF EXCLUSION, RESTRICTION OR MODIFICATION UNDER APPLICABLE LAW. ADDITIONALLY, THERE ARE NO WARRANTIES AS TO THE RESULTS OBTAINED FROM THE USE OF THE SERVICES.

(c) THIS DISCLAIMER OF LIABILITY APPLIES TO ANY DAMAGES OR INJURY CAUSED BY ANY FAILURE OF PERFORMANCE, ERROR, OMISSION, INACCURACY, 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 THE SERVICES, WHETHER FOR BREACH OF CONTRACT, TORTIOUS BEHAVIOR (INCLUDING, WITHOUT LIMITATION, STRICT LIABILITY), NEGLIGENCE, OR UNDER ANY OTHER CAUSE OF ACTION, TO THE FULLEST EXTENT PERMISSIBLE BY LAW. THIS DOES NOT AFFECT ANY STATUTORY RIGHTS WHICH MAY NOT BE DISCLAIMED.

(d) TO THE FULLEST EXTENT PERMISSIBLE BY LAW, IN NO EVENT SHALL WETA’S TOTAL LIABILITY TO YOU FOR ALL DAMAGES, LOSSES AND CAUSES OF ACTION WHETHER IN CONTRACT, TORT (INCLUDING, WITHOUT LIMITATION, ITS OWN NEGLIGENCE) OR UNDER ANY OTHER LEGAL THEORY (INCLUDING, WITHOUT LIMITATION, STRICT LIABILITY) EXCEED THE AMOUNT PAID BY YOU, IF ANY, FOR ACCESSING THE SERVICES. THIS DOES NOT AFFECT ANY STATUTORY RIGHTS THAT MAY NOT BE DISCLAIMED.

(e) SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES OR THE LIMITATION OR EXCLUSION OF LIABILITY. ACCORDINGLY, SOME OF PARAGRAPH 5 MAY NOT APPLY TO YOU.

6. Indemnification. You agree to defend, indemnify and hold harmless WETA and its directors, officers, employees, contractors and agents from and against any and all claims, actions, demands, damages, costs, liabilities, losses and expenses (including reasonable attorneys' fees and costs) arising out, relating to or in connection with (a) your use of the Services, (b) any violation of any law or regulation by you, and (c) this agreement. Some jurisdictions restrict the use of indemnification clauses. Accordingly, some or all of this paragraph may not apply to you.

7. Trademarks. “BayAlerts,” “San Francisco Bay Ferry” and the SFBF ferry boat logo are trademarks owned by WETA. All rights reserved. WETA trademarks may not be used in connection with any product or service that is not WETA’s or SFBF’s, in any manner that is likely to cause confusion among customers or in any manner that disparages or discredits WETA or SFBF. Other products or company names appearing on the Services may be trademarks of their respective owners.

8. Viruses. WETA assumes no responsibility, and shall not be liable for, any damages to, or viruses that may infect, your computer equipment or other property on account of your access to or use of the Services.

9. Changed Terms. WETA has the right at any time to change or modify these Terms, or any part thereof, or to impose new conditions for use. Such changes, modifications, additions or deletions shall be effective immediately upon notice thereof, which may be given by any means including, without limitation, posting on the Services, or by electronic or conventional mail, or by any other means. Any use of the Services by you after such notice shall be deemed to constitute acceptance of such changes, modifications, additions or deletions.

10. Miscellaneous.

(a) These Terms constitute the entire agreement of the parties with respect to the subject matter hereof and supersede all previous written or oral agreements between the parties with respect to such subject matter.

(b) These Terms shall be construed in accordance with the laws of the State of California, without giving effect to any principles of conflicts of laws. Venue for any legal action concerning or arising from these Terms shall be in San Francisco, California.

(c) No waiver by WETA of any breach or default hereunder shall be deemed to be a waiver of any preceding or subsequent breach or default.

(d) The section headings used herein are for convenience only and shall not be given any legal import.

(e) If any provision of these Terms is held to be invalid by a court of competent jurisdiction, then the remaining provisions will nevertheless remain in full force and effect.

11. All notices or other communications under with respect to these Terms shall be delivered by first class mail to:

San Francisco Bay Ferry
Pier 9, Suite 111, The Embarcadero
San Francisco, CA 94111

Attn: Ernest Sanchez
Manager, Public Information and Marketing
sanchez@watertransit.org

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