Welcome to the Tri-County Metropolitan Transportation District of Oregon (“TriMet”) website http://transitdriverday.org (the “Site”). The Site is intended to honor bus and rail transit drivers, celebrate the contributions drivers make to our communities and to our lives, and engage transit riders and members of the public by increasing awareness of International Transit Driver Appreciation Day (March 18).
The Site is not a forum for public communication and debate, but a means for TriMet to promote Transit Driver Appreciation Day and transit services, programs, objectives, missions and projects to the public and transit riders. All decisions as to the placement of links to external sites or pages from the Site will be made by TriMet in its sole discretion.
TriMet reserves the right at any time and from time to time to modify or discontinue the Site (or any part thereof), temporarily or permanently, with or without notice to you. You agree that TriMet will not be liable to you for any modification, suspension or discontinuance of the Site.
YOU AGREE THAT THE SITE IS 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. TriMet does not warrant that the Site will be available at any given time, secure, accurate or free of error. You use the Site at your own risk, and you assume the risk that the Site may provide incorrect information to you or your workers, as well as the risk that any material downloaded by you from the Site may cause loss of data or damage to your computer system.
YOU UNDERSTAND AND AGREE THAT IN NO EVENT WILL TRIMET BE LIABLE FOR ANY DIRECT OR INDIRECT DAMAGES, EVEN IF TRIMET 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 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 TriMet 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 Site.
The invalidity of any term or provision of these Terms will not affect the validity of any other provision. Waiver by TriMet of strict performances of any provision of these Terms will not be a waiver of or prejudice TriMet's right to require strict performance of the same provision in the future or of any other provision of these Terms.
These Terms constitute the entire agreement between the parties as to their subject matter, and there are no other terms, conditions or obligations between the parties relating to the use of the Site, other than those contained in these Terms.