Real-time, Location-aware transit information
Terms and Conditions
Welcome to 4Transit. While we hope you have fun using our transit app and our website, this is a very legalistic world and we do apply strict terms and conditions on their use.
These are our terms and conditions for use of the app and our associated website, which you may access in several ways, including but not limited to the World Wide Web via 4transit.info or 4transit.ca, tablet, mobile phone and RSS feeds. In these terms and conditions, when we say "4Transit" we mean the 4Transit app and website or on behalf of Pageant Blue or its parent companies, subsidiaries and affiliates (collectively Pageant Blue), regardless of how you access 4Transit.. However you access 4Transit, you agree to be bound by these terms and conditions.
1. Use of material appearing on 4Transit
Your use of 4Transit is for your own personal and non-commercial use only. You acknowledge that, as between Pageant Blue and you, Pageant Blue is the sole owner of all content on the 4Transit website and app excluding 3rd party supplied content), including, without limitation, all applicable copyrights, patents, trademarks, trade secrets, trade names, logos, and other intellectual property rights thereto, as well as text, images, graphics, logos, audio, video and other material appearing anywhere on 4Transit. The 4Transit Site and content are protected by the copyright laws and other intellectual property laws of Canada and are protected globally by applicable international copyright treaties.
You may download and print extracts from 4Transit for your own personal and non-commercial use only, provided you maintain and abide by any author attribution, copyright or trademark notice or restriction in any material that you download or print. You may not use any 4Transit content for any other purpose without our prior written approval. Except as expressly authorised by 4Transit, you are not allowed to create a database in electronic or paper form comprising all or part of the material appearing on the website or app.
If you wish to use our content other than as permitted by these terms and conditions, please contact us at email@example.com
For all other inquiries about distribution or reproduction of the materials, please also contact firstname.lastname@example.org
2. Disclaimer of liability
To the extent permitted at law, we do not accept any responsibility for any statement in 4Transit. Nothing in the 4Transit content is provided for any specific purpose or at the request of any particular person. For the avoidance of confusion, we will not be liable for any loss caused as a result of your doing, or not doing, anything as a result of viewing, reading or listening to 4Transit content or any part of it.
We give no warranties of any kind concerning 4Transit or associated content. In particular, we do not warrant that 4Transit or any of its contents is virus free. You must take your own precautions in this respect as we accept no responsibility for any infection by virus or other contamination or by anything which has destructive properties.
Although we will do our best to provide constant, uninterrupted access to 4Transit, we do not guarantee this. We accept no responsibility or liability for any interruption or delay.
You may download certain 4Transit apps ("Apps") from third party app stores or shops. All of these terms apply to the maximum extent relevant to your use of the Apps.
In addition to the limitations on our liability set out in Section 2, above, we shall not be liable for any damage caused to or interference with any equipment or other Apps or content of any description.
4. Changes to these terms and conditions of use
Please note that we may change these terms and conditions from time to time at our sole discretion and we reserve the right to do without your consent. Any revised terms and conditions will be applicable at the time of posting on the4Transit website. Please ensure that you review these terms and conditions regularly as you will be deemed to have accepted a variation if you continue to use 4Transit after it has been posted.
5. Governing law & jurisdiction
This agreement is governed by Canadian law and the parties agree to submit to the exclusive jurisdiction of the Canadian courts.
7. No waiver
Our failure to insist upon or enforce any provision of these terms of service shall not be construed as a waiver of any provision or right of Pageant Blue.
8. Additional disclaimers
Visitors to 4Transit agree that their use of 4Transit is at their own sole risk. 4Transit is provided "as is" and "as available," without warranty of any kind, either express or implied including but not limited to: (i) any warranties concerning the availability, accuracy, appropriateness, reliability, timeliness, or usefulness of the content of 4Transit; and (ii) any warranties of title, warranty of non-infringement, or warranties of merchantability or fitness for a particular purpose. Pageant Blue also makes no representations and warranties as to any linked sites and Pageant Blue has no liability or responsibility with respect to your use of such sites.
This disclaimer of liability applies to any damages or injuries caused by 4Transit, including, without limitation, those damages or injuries occurring as a result of: (i) any error, omission, deletion, or defect in the content available on 4Transit; or (ii) any failure of performance, error, omission, interruption, deletion, defect, delay in operation or transmission, computer virus, communication line failure, theft or destruction of records, information or data, unauthorised access to, alteration of, or use of records, information or data, whether for breach of contract, tort, negligence, defamation, or any other cause of action. Pageant Blue does not warrant or guarantee that access to 4Transit will be uninterrupted or error-free.
Applicable law may not allow the exclusion of implied warranties, so " the above exclusion may not apply to you.
9. Limitation of liability
YOU ACKNOWLEDGE AND AGREE THAT, TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, REGARDLESS OF THE FORM OF ACTION, WHETHER IN CONTRACT, TORT OR OTHERWISE, IN NO EVENT WILL PAGEANT BLUE OR ITS AFFILIATES, INCLUDING, WITHOUT LIMITATION, THEIR RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES, SUCCESSORS AND ASSIGNS, BE LIABLE TO ANY PARTY FOR: (i) ANY INDIRECT, SPECIAL, EXEMPLARY, PUNITIVE, INCIDENTAL, CONSEQUENTIAL (INCLUDING, BUT NOT LIMITED TO, DAMAGES FOR BUSINESS INTERRUPTION, LOSS OF BUSINESS AND OTHER PROFITS, LOSS OF PROGRAMS, COST OF REPLACING EQUIPMENT OR SOFTWARE OR LOSS OF RECORDS, INFORMATION OR DATA), OR ANY OTHER DAMAGES ARISING IN ANY WAY OUT OF THE AVAILABILITY, USE, RELIANCE ON, OR INABILITY TO USE THE 4TRANSIT, EVEN IF PAGEANT BLUE SHALL HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES; OR (ii) ANY CLAIM ATTRIBUTABLE TO ERRORS, OMISSIONS, OR OTHER INACCURACIES IN 4TRANSIT. BECAUSE SOME STATES OR JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR THE LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, IN SUCH STATES OR JURISDICTIONS, PAGEANT BLUE'S LIABILITY SHALL BE LIMITED TO THE EXTENT PERMITTED BY LAW (THEREBY MINIMIZING PAGEANT BLUE'S LIABILITY TO YOU TO THE LOWEST AMOUNT THAT APPLICABLE LAW PERMITS).