HopStop FreeAPI Terms of Use

Thank you for using the HopStop FreeAPI. By using the HopStop FreeAPI service (the "Service"), you ("Company") accept and agree to be bound by these terms and conditions (the "Terms of Use").

1. Service.

1.1 Description of Service. "Service" means the Hopstop XML Web Service that enables developers to integrate mapping and transit directions into Company Applications. Subject to the limitations and conditions described below, You may use the Service to display map images mass-transit information in conjunction with other information You provide to end users. The Service may be used only for services that are generally accessible to consumers without charge.

In order to user the Service, You must have a HopStop FreeAPI Account. After supplying HopStop with your account information, the Domain or IP addresses of your application, and agreeing to the Terms of Use, You will be issued a license key assigned to You by HopStop that is uniquely associated with your HopStop Account and the URL of your application. HopStop will block requests with an invalid key or invalid domain or IP address. HopStop shall have sole and complete control over the map data and format.

1.3 Modifications. HopStop reserves the right to release subsequent versions of the Service and to require You to obtain and use the most recent version. HopStop may modify the Terms of Use at any time with or without notice, and You can review the most current version of the Terms of Use online at any time at http://www.HopStop.com/freeapi/tos.html. If a modification is unacceptable to You, You may cancel the Service by halting the use of the Service. If You continue to use the Service on any Site, You will be deemed to have accepted the modifications.

1.4 Appropriate Conduct and Prohibited Uses. The Service may be used only for services that are generally accessible to consumers without charge.
International users agree to comply with their own local rules regarding online conduct and acceptable content, including laws regulating the export of data to the United States or your country of residence.

1.5 Advertising. The Service does not include advertising in the maps images. However, HopStop reserves the right to include advertising in the maps images provided to You through the Service, but will provide You with thirty (30) days notice prior to the commencement of advertising. During that 30 day period, you may terminate your use of the Service, or provide notice of your refusal to accept advertising in accordance with HopStop's policies and procedures for providing such notice (which HopStop may make available from time to time in its sole discretion).

1.6 Transactions limit. There is a limit of 1,000 Transaction requests per day per HopStop FreeAPI key.

2. Proprietary Rights.

2.1 HopStop Rights. For purposes of the Terms of Use, "Intellectual Property Rights" shall mean any and all rights existing from time to time under patent law, copyright law, semiconductor chip protection law, moral rights law, trade secret law, trademark law, unfair competition law, publicity rights law, privacy rights law, and any and all other proprietary rights, and any and all applications, renewals, extensions and restorations thereof, now or hereafter in force and effect worldwide. As between You and HopStop, You acknowledge that HopStop owns all right, title and interest, including without limitation all Intellectual Property Rights, in and to the Service and that You shall not acquire any right, title, or interest in or to the Service, except as expressly set forth in the Terms of Use.

2.2 Brand Feature License. For purposes of the Terms of Use, "Brand Features" shall be defined as the trade names, trademarks, service marks, logos, domain names, and other distinctive brand features of each party, respectively, as secured by such party from time to time. HopStop hereby grants to You a nontransferable, nonsublicenseable, nonexclusive license during the Term to display HopStop's Brand Features for the purpose of promoting or advertising that You use the Service in accordance with this Section 2.2 and for the purpose of fulfilling Your obligations under Section 2.3 below. You hereby grant to HopStop a nontransferable, nonexclusive license during the Term to use Your Brand Features to advertise that You are using the Service.
In using HopStop Brand Features, you may not:
You understand and agree that HopStop has the sole discretion to determine whether your use of HopStop brand features is in accordance with the above restrictions.
Except as set forth in this Section 2.2, nothing in the Terms of Use shall grant or shall be deemed to grant to one party any right, title or interest in or to the other party's Brand Features. All use by You of HopStop's Brand Features (including any goodwill associated therewith) shall inure to the benefit of HopStop. At no time during or after the Term shall You challenge or assist others to challenge the Brand Features of HopStop (except to the extent such restriction is prohibited by law) or the registration thereof by HopStop, nor shall You attempt to register any Brand Features (including domain names) that are confusingly similar in any way (including but not limited to, sound, appearance and spelling) to those of HopStop.

2.3 Attribution; Legal Notices. The maps images and mass-transit information provided to You through the Service may contain the trade names, trademarks, service marks, logos, domain names, and other distinctive brand features of HopStop and its partners. You may not delete or in any manner alter these trade names, trademarks, service marks, logos, domain names, and other distinctive brand features. You agree to maintain, and not to remove, modify, obscure or alter, any link or notices appearing on any map image provided through the Service. You acknowledge and agree that that these Legal Notices supplement the Terms of Use for the Service.

2.4 Digital Millennium Copyright Act. It is HopStop's policy to respond to notices of alleged infringement that comply with the Digital Millennium Copyright Act.

3. Privacy Policy. HopStop's collection and use of personal information is governed by HopStop's Privacy Policy, available at
http://www.HopStop.com?action=about_us&page=policies#privacy . You understand and agree that HopStop may access, preserve, and disclose Your personal information and the contents of Your account if required to do so by law or in a good faith belief that such access preservation or disclosure is reasonably necessary to comply with legal process or protect the rights, property and/or safety of HopStop, its affiliates or the public. Personal information collected by HopStop may be stored and processed in the United States or any other country in which HopStop or its agents maintain facilities. By using the Service, You consent to any such transfer of information outside of your country.

4. INDEMNITY
You agree to hold harmless and indemnify HopStop, and its subsidiaries, affiliates, officers, agents, and employees, advertisers or partners, from and against any third party claim arising from or in any way related to your use of the Service, violation of these Terms of Use or any other actions connected with use of HopStop services, including any liability or expense arising from all claims, losses, damages (actual and consequential), suits, judgments, litigation costs and attorneys' fees, of every kind and nature. In such a case, HopStop will provide You with written notice of such claim, suit or action.

5. DISCLAIMER OF WARRANTIES
YOU EXPRESSLY UNDERSTAND AND AGREE THAT:
a. YOUR USE OF THE SERVICE IS AT YOUR SOLE RISK. THE SERVICE IS PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS. HOPSTOP EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT.
b. HOPSTOP MAKES NO WARRANTY THAT (i) THE SERVICE WILL MEET YOUR REQUIREMENTS, (ii) THE SERVICE WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE, (iii) THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SERVICE WILL BE ACCURATE OR RELIABLE, (iv) THE QUALITY OF ANY PRODUCTS, SERVICES, INFORMATION, OR OTHER MATERIAL PURCHASED OR OBTAINED BY YOU THROUGH THE SERVICE WILL MEET YOUR EXPECTATIONS, AND (V) ANY ERRORS IN THE SOFTWARE WILL BE CORRECTED.
c. ANY MATERIAL DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE SERVICE IS DONE AT YOUR OWN DISCRETION AND RISK AND THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF ANY SUCH MATERIAL.
d. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM HOPSTOP OR THROUGH OR FROM HOPSTOP SERVICES SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THE TERMS OF SERVICE.

6. LIMITATION OF LIABILITY
YOU EXPRESSLY UNDERSTAND AND AGREE THAT HOPSTOP SHALL NOT BE LIABLE TO YOU FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES, INCLUDING BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES (EVEN IF HOPSTOP HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), RESULTING FROM: (i) THE USE OR THE INABILITY TO USE THE SERVICE; (ii) THE COST OF PROCUREMENT OF SUBSTITUTE GOODS AND SERVICES RESULTING FROM ANY GOODS, DATA, INFORMATION OR SERVICES PURCHASED OR OBTAINED OR MESSAGES RECEIVED OR TRANSACTIONS ENTERED INTO THROUGH OR FROM THE SERVICE; (iii) UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA; (iv) STATEMENTS OR CONDUCT OF ANY THIRD PARTY ON THE SERVICE; OR (v) ANY OTHER MATTER RELATING TO THE SERVICE.

7. EXCLUSIONS AND LIMITATIONS
SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES OR THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES. ACCORDINGLY, SOME OF THE ABOVE LIMITATIONS OF SECTIONS 5 AND 6 MAY NOT APPLY TO YOU.

8. Term and Termination.

8.1 Term. The term of the Terms of Use shall commence on the date upon which agree to the Terms of Use and shall continue in force thereafter, unless terminated as provided herein.

8.2 Termination. HopStop may change, suspend or discontinue all or any aspect of the Service, including their availability, at any time, and may suspend or terminate Your use of the Service at any time. This includes, without limitation, the right to set, at HopStop's own discretion and at any time, a maximum number of Transactions you may access through the service without HopStop's prior written consent.

In addition, either party may terminate the Terms of Use at any time, for any reason, or for no reason including, but not limited to, if You engage in any action that reflects poorly on HopStop or otherwise disparages or devalues the HopStop Brand Features or HopStop's reputation or goodwill. If You desire to terminate the Terms of Use, You must remove the Service from Your Site.

8.3 Rejection of Application. HopStop shall have the right, in its sole discretion, to reject any request to use the Service at any time and for any reason, and such rejection shall render null and void the Terms of Use between You and HopStop. HopStop shall not be liable to You for damages of any sort resulting from its decision to reject such a request.

8.4 Effect of Termination. Upon the termination of the Terms of Use for any reason (i) all license rights granted herein shall terminate and (ii) You shall immediately delete any and all maps images, mass-transit directions and HopStop Brand Features.

8.5 Survival. In the event of any termination or expiration of the Terms of Use for any reason, Sections 2.1, 4, 5, 6, 7, 8.4, 8.5, 8.6, and 9 shall survive termination. Neither party shall be liable to the other party for damages of any sort resulting solely from terminating the Terms of Use in accordance with its terms.

8.6 Remedies. You acknowledge that Your breach of service/license restrictions contained herein may cause irreparable harm to HopStop, the extent of which would be difficult to ascertain. Accordingly, You agree that, in addition to any other remedies to which HopStop may be legally entitled, HopStop shall have the right to seek immediate injunctive relief in the event of a breach of such sections by You or any of Your officers, employees, consultants or other agents.

8.7 Third Party Beneficiaries. Nothing in the Terms of Use should be construed to confer any rights to third party beneficiaries.

9. GENERAL INFORMATION

Entire Agreement. The Terms of Service constitute the entire agreement between You and HopStop and govern your use of the Service, superceding any prior agreements between You and HopStop. You also may be subject to additional terms and conditions that may apply when You use or purchase certain other HopStop services, affiliate services, third-party content or third-party software.

Choice of Law and Forum. The Terms of Service and the relationship between You and HopStop shall be governed by the laws of the State of New York without regard to its conflict of law provisions.

Waiver and Severability of Terms. The failure of HopStop to exercise or enforce any right or provision of the Terms of Service shall not constitute a waiver of such right or provision. If any provision of the Terms of Service is found by a court of competent jurisdiction to be invalid, the parties nevertheless agree that the court should endeavor to give effect to the parties' intentions as reflected in the provision, and the other provisions of the Terms of Service remain in full force and effect.

Statute of Limitations. You agree that regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to use of HopStop services or the Terms of Service must be filed within one (1) year after such claim or cause of action arose or be forever barred.

The section headings in the Terms of Service are for convenience only and have no legal or contractual effect.