Terms of Service

Welcome to www.nittec.org, a website (the “Site”) provided by Niagara International Transportation Technology Coalition, (“NITTEC”), and the mobile app made available on the Site or otherwise by NITTEC (the “App”).  Your use of the Site and the App is at all times subject to the following terms, and you are deemed to have accepted these terms by using the Site or the App.  You should review these terms carefully, and be sure you understand them, prior to using the Site or the App.  If you do not agree to these terms, you must immediately exit the Site and not use the App.

1. Ownership

The Site, the App, all content on the Site or the App (collectively "Content"), plus all copyrights, trademarks, service marks and other intellectual property rights in the Site, the App and the Content (collectively the “Resources”) are owned, or licensed from third parties, by NITTEC.  You are not granted, whether expressly or implicitly, any license or other right to access, copy, create derivative works of, distribute, modify, publish, transmit or use the Resources, unless set forth in writing signed by NITTEC or its licensee (as the case may be) or expressly set forth herein.  Any such access, copying, creation of derivative works, distribution, modification, publication, transmission or use not expressly permitted pursuant to the immediately preceding sentence is prohibited.

2. Scope of Use

The Resources are only offered to provide you with real-time information relating to traffic, weather or other conditions affecting transportation in Buffalo and Western New York.  You may only access, print and use the Resources for purposes that are not unlawful, fraudulent, harassing, indecent, obscene or offensive.  NITTEC reserves the right, whether with or without notice, and in its sole discretion, to modify the Resources, terminate any person’s use of the Resources or discontinue all or any portion of the Resources.

3. Privacy Policy

NITTEC may collect certain information from you through the Resources, and will handle such information in accordance with its privacy policy, which can be accessed from the home page of the Site, (the “Privacy Policy”).  You should contact NITTEC as set forth in the Privacy Policy with all complaints, questions and requests for additional information relating to NITTEC’s handling of such information or the Privacy Policy.

4. Third-Party Websites

The Resources may contain links to websites maintained by third parties (individually a “Third-Party Site”), and a Third-Party Site may contain links to the Resources.  NITTEC is not responsible for any content on a Third-Party Site.  No link from the Resources to a Third-Party Site, or from a Third-Party Site to the Resources, is an approval, endorsement, recommendation or sponsorship by NITTEC of such Third-Party Site or any such content, and any link from a Third-Party Site to the Resources, or from the Resources to a Third-Party Site, is provided only for your convenience.  In addition, your use of a Third-Party Site will be subject to its terms of service, privacy policy and other provisions, for which you are responsible if you access such Third-Party Site.  Without limiting the generality of this Section, the Resources make use of Google Maps.  As such, you are bound by the Google Maps/Google Earth Additional Terms of Service, including the Google Privacy Policy.

5. Warranty Disclaimer

THE RESOURCES ARE PROVIDED "AS IS" AND WITHOUT ANY WARRANTY OR REPRESENTATION OF ANY KIND, WHETHER EXPRESS OR IMPLIED (INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE).

6. Limitation on Liability

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, NITTEC SHALL NOT HAVE ANY LIABILITY FOR ANY CONSEQUENTIAL, DIRECT, INCIDENTAL OR OTHER DAMAGES WHATSOEVER ARISING FROM OR RELATED TO YOUR USE OF, OR INABILITY TO USE, THE RESOURCES, HOWEVER CAUSED, REGARDLESS OF THE THEORY OF LIABILITY (INCLUDING, BUT NOT LIMITED TO, BREACH OF CONTRACT, TORT OR OTHER), AND EVEN IF NITTEC KNEW, OR SHOULD HAVE KNOWN, OF THE POSSIBILITY OF SUCH DAMAGES.  HOWEVER, IF A COURT SHOULD DETERMINE THAT THE IMMEDIATELY PRECEDING SENTENCE IS NOT ENFORCEABLE FOR ANY REASON, NITTEC’S AGGREGATE LIABILITY SHALL BE LIMITED TO ANY DIRECT DAMAGES ACTUALLY INCURRED BY YOU.

7. Indemnification

You must indemnify, defend and hold harmless NITTEC, its members and other affiliates, and its and their employees, officers and other agents, from all costs, expenses, damages, fines, liabilities, losses, penalties and other payments (including, but not limited to, all reasonable fees and disbursements of counsel to NITTEC) in connection with (a) your accessing, and using, the Resources, or (b) your failing to perform any obligation pursuant to these terms.

8. Copyright Infringement

If you believe that any Content infringes your copyright, you must in writing (a) identify for NITTEC the copyrighted work that you believe has been infringed, (b) identify for NITTEC the Content that you believe infringes the copyrighted work referred to in clause (a) of this sentence, (c) provide NITTEC with your name, mailing address, e-mail address and daytime phone number, and (d) state that (i) you have a good-faith belief that the Content identified in clause (b) of this sentence infringes the copyrighted work identified in clause (a) of this sentence, (ii) under penalty of perjury, all information being provided by you in such writing is accurate and (iii) you are either the owner, or authorized to act on behalf of the owner, of the copyrighted work identified in clause (a) of this sentence.  Such writing must also be (a) signed, either manually or electronically, by the owner, or someone authorized to act on behalf of the owner, of the copyrighted work that you believe has been infringed and (b) sent to NITTEC at webmaster@nittec.org.

9. Disputes

Except as expressly provided otherwise in the Privacy Policy, you and NITTEC (a) will submit any dispute relating to the Resources or these terms exclusively to a federal, state or local court located in the county of Erie, New York and having subject matter jurisdiction over such dispute, and (b) consent to any such court being a proper venue, and waive any objection to its not being a proper venue (including, but not limited to, any such objection based on convenience), for such dispute.

10. Severability

Whenever possible, each provision of these terms shall be interpreted to be effective and valid under applicable law.  If, however, any such provision shall be prohibited by or invalid under such law, it shall be deemed modified to conform to the minimum requirements of such law, or if for any reason it is not so modified, it shall be prohibited or invalid only to the extent of such prohibition or invalidity without the remainder of such provision, or any other provision of these terms, being prohibited or invalid.

11. Revisions

These terms may only be revised (a) in a writing signed by you and NITTEC and (b) unilaterally by NITTEC from time to time by posting the revised terms on the Site, with the revised terms taking effect immediately upon such posting.  It is your responsibility to periodically check these terms on the Site for revisions.  Your use of the Resources following the posting of any revisions to these terms on the Site will be deemed an irrevocable acceptance by you of such revisions.

12. Miscellaneous

These terms (a) shall be governed by, and interpreted and construed in accordance with, the laws of the state of New York, without regard to principles of conflict of laws, and (b) contain the entire agreement, and supersede all prior oral and written proposals, understandings and agreements, between you and NITTEC with respect to the Resources.

13. Contact Information

If you (a) have any questions or desire additional information regarding the Resources or these terms, or (b) desire to contact NITTEC for any other reason, please write to or call NITTEC at webmaster@nittec.org or (716) 847-2450

Effective Date: May 25, 2018