This document governs the terms under which you may access and use the application programming interface that is made available by TaxiFareFinder (“TFF”) on this website (the "API"), and the data transmitted through the API (the "Content") as provided below. This document incorporates the terms of the following additional documents, including all future amendments or modifications thereto (collectively, and together with this document, the "API Agreement"):
By accessing or using the API or Content, you agree to be bound by the API Agreement. If you access or use the API or Content on behalf of a company, principal or other entity, you represent that you have authority to bind such entity and its affiliates to the API Agreement and that it is fully binding upon them. In such case, the term "you" will refer to such entity and its affiliates. If you do not have authority, or if you do not agree with the terms of the API Agreement, you may not access or use the API or Content. You should read and keep a copy of each component of the API Agreement for your records. In the event of a conflict among them, the terms of this document will control.
The API gives developers ways of embedding TFF’s taxi fare estimate functionality into webpages and applications.
TFF reserves the right to modify or revise the API Agreement at any time. You should visit this website periodically to review the documents comprising the API Agreement and check for updates. Your continued use of the API after the effective date of any such changes will constitute your acceptance of and agreement to such changes. IF YOU DO NOT WISH TO BE BOUND TO ANY NEW TERMS, YOU MUST TERMINATE THE API AGREEMENT BY IMMEDIATELY CEASING USE OF THE API.
In order to access or use the API, you must submit a request in order to receive a TFF API key. Once you have received the key, please refer to the API Documentation to get started. You are only allowed to register for and use one TFF API key, unless otherwise permitted by TFF in writing, including via email. All queries sent to the API requesting data must reference your valid TFF API key. You agree that you will be solely responsible for any use of your TFF API key by any party including any third party. If you become aware of any unauthorized use of your TFF API key, you agree to notify TFF immediately.
TFF grants you a personal, royalty-free, non-assignable, non-exclusive, revocable, non-sublicensable, non-transferable license to (i) access and use the API to receive the Content; (ii) display the Content on Your Site; and (iii) reproduce and display the TFF name, trademarks, service marks, logos, domain names, and other distinctive brand features (the "Brand Features") solely in order to comply with the Display Requirements below.
Certain Content is provided under license from third parties, including Google Maps API ("Google"), and is subject to copyright and other intellectual property rights owned by or licensed to Google and/or such third parties. You may be held liable for any unauthorized copying or disclosure of this content.
These license rights are further limited by the restrictions set forth elsewhere in the API Agreement, and all rights not expressly granted to you hereunder are reserved by TFF. You may not use the API, Content, or Brand Features for any other purpose not listed herein without TFF's prior written consent. You acknowledge and agree that TFF may monitor Your Site in order to confirm compliance with the API Agreement. You agree that you will remove from display and destroy any TFF Content within twenty-four (24) hours upon email or other written request from TFF.
Display Requirements. Your webpage must clearly state that it is utilizing the TFF functionality in providing the fare estimates. You must place either the word 'TaxiFareFinder' or a TaxiFareFinder logo/image, found on the Links/Partner page, next to Your Content which incorporates or relies on the Content (for example, the area of Your Site where the Content is being used or where the TFF fare estimates are being displayed). The logo/image must not be re-sized smaller than the smallest dimensions provided. We also require the text and logo to be hyperlinks to TaxiFareFinder.com. Our terms forbid displaying the route information next to the taxi fare returned by the API. You are also strongly encouraged to display TFF’s Disclaimers upon displaying the fares.
You agree that TFF may exercise its rights to pre-approve any screenshots of your implementation of the API and branding prior to launch and you agree that your implementation will remain in substantial compliance with any such approved screenshots throughout the term of your API usage.
TFF claims no ownership over Your Content, and you retain copyright and any other rights you already hold in Your Content. You grant to TFF a worldwide, royalty-free, non-transferable, and non-exclusive license during the term to use Your Brand Features and Your Content to publicize or advertise that you are using the TFF API (for example, by using your marks in presentations, marketing materials, customer lists, financial reports and Web site listings (including links to your website), or by creating marketing or advertising materials that show screenshots of the Service in which Your Content is featured). You represent and warrant to TFF that you have all the rights, power and authority necessary to grant the above licenses.
a. Permitted Uses. You agree to use the Content only for purposes: (i) that are permitted by the terms; (ii) that are permitted by any applicable third party contract, law, or regulation in the relevant jurisdictions; and (iii) that comply with all applicable policies or guidelines made available by TFF.
b. Limits on Your Use of the Service. Websites or applications using the TaxiFareFinder API may submit, at no cost, 5,000 requests a day. The usage will be tracked through the use of TFF API Key and IPs. If you expect your site to exceed this usage limit regularly, you may want to consider TaxiFareFinder API for Business. You acknowledge and agree that TFF may adjust the limit on the number of requests you may send or receive through the Service; such fixed upper limits may be set by TFF at any time, at TFF's discretion.
If your site generates excess usage, TFF will notify you that you need to respond in one of the following ways: (i) modify your API application; or (ii)) purchase a TaxiFareFinder API for business. TFF also reserves the right to set other usage policies in the Documentation from time to time. If you want to engage in use outside these transaction limits or usage policies, please contact TFF for information on licensing options to address your needs.
c. Restrictions. You agree that you will not, and will not assist or enable others to:
i. use the API without proper attribution and branding, including links back to TFF and indications whenever Content is being used;
ii. display the route information on a map, next to the fare estimate;
iii. cache, record, pre-fetch, or otherwise store any portion of the Content, or attempt or provide a means to execute any "bulk download" operations except that you may store: (i) limited amounts of Content for the purpose of improving the performance of your API Implementation if you do so temporarily, securely, and in a manner that does not permit use of the Content outside of the Service; and (ii) any content identifier or key that the APIs Documentation specifically permits you to store. For example, you must not use the Content to create an independent database of "fares";
iv. modify the Content, or use it to update or create your own database of taxi fare information;
v. create or disclose metrics about, or perform any statistical analysis of, the API or Content;
vi. use the API on behalf of any third party;
vii. display Brand Features or Content in a manner that could reasonably imply an endorsement, relationship or affiliation with or sponsorship between you or a third party and TFF, other than your permitted use of the API under the terms of the API Agreement, or that can be reasonably interpreted to suggest editorial content has been authored by or represents the views or opinions of TFF or TFF personnel;
viii. display Brand Features or Content on any site that contains or displays adult content or promotes illegal activities, gambling, or the sale of tobacco or alcohol to persons under 21 years of age or otherwise violates any law or regulation;
ix. copy, rent, lease, sell, transfer, assign, sublicense, dissemble, reverse engineer or decompile (except to the limited extent expressly authorized under applicable statutory law), modify, alter or otherwise attempt to extract the source code of any part of the API;
x. modify, rate, rank, review, vote or comment on, or otherwise respond to the Content;
xi. use the API in a manner that impacts the stability of TFF’s servers or impacts the behavior of other applications using the API;
xii. display the Content or Brand Features in any manner or on any site that is misleading, defamatory, infringing, libelous, disparaging, obscene or otherwise objectionable to TFF or its products or services, or infringes any TFF intellectual property or other rights;
xiii. use the API, Content, or Brand Features in any manner or for any purpose that may violate any law or regulation, or any right of any person including, but not limited to, intellectual property rights, rights of privacy and/or rights of personality, or which otherwise may be harmful (in TFF’s sole discretion) to TFF, its providers, its suppliers, end users of this website, or your end users;
xiv. use the API or Content in connection with or to promote any products, services or materials that constitute, promote or are used primarily for the purpose of dealing in: spyware, adware and/or other malicious programs or code; counterfeit goods and/or items subject to U.S. embargo; unsolicited mass distributions of e-mail ("spam"), actions intended to mislead search engines into ranking some pages higher than they would otherwise deserve ("web spam"), multilevel marketing proposals, direct marketing and/or telemarketing activities; hate materials; libelous, defamatory, obscene, pornographic, abusive or otherwise offensive content; prostitution, body parts and/or bodily fluids; stolen products and/or items used for theft; hacking/surveillance/interception/descrambling equipment; fireworks, explosives and/or other hazardous materials; gambling; professional services regulated by state licensing regimes; and/or non-transferable items such as airline tickets, event tickets, weapons and/or weapons accessories;
xv. remove, distort or alter any element of a Brand Feature (this includes squeezing, stretching, inverting, discoloring, etc.);
xvi. access or use the API or any Content through any technology or means other than those provided by TFF or through other explicitly authorized means TFF may designate;
xvii. hide or mask from TFF the identity of your API Implementation;
xviii. restrict or inhibit any other user from using and enjoying the API and/or Content;
xix. use any robot, spider, site search/retrieval application, or other device to retrieve or index any portion of the Content or collect information about users for any unauthorized purpose; or
xx. create or offer a “wrapper” for the Service. For example, you are not permitted to: (i) use or provide any part of the API or Content (such as duration, distance, or taxi fare estimates) in an API that you offer to others; or (ii) create an API Implementation that reimplements or duplicates TFF Content. For clarity, you are not "re-implementing or duplicating" TFF Content if your API Implementation provides substantial additional features or content beyond the TFF Content, and those additional features or content constitute the primary defining characteristic of your API Implementation.
d. Geolocation Privacy. Your API Implementation must notify the user in advance of the type(s) of data that you intend to collect from the user or the user's device. Your API Implementation must not obtain or cache any user's location in any manner except with the user's prior consent. Your API Implementation must let the user revoke the user's consent at any time.
If your API Implementation provides TFF with geolocation data, that geolocation data must not enable TFF to identify an individual user. For example, if your API Implementation sends TFF Your Content, and Your Content includes geolocation data, Your Content must not also include unique device identifiers associated with individual users.
If you intend to obtain the user's location and use it with any other data provider's data, you must disclose this fact to the user.
5. Proprietary Rights
As between you and TFF, the API, Content, Brand Features, and all intellectual property rights contained in the foregoing, are and will at all times remain the sole and exclusive property of TFF and are protected by applicable intellectual property laws and treaties (whether those rights happen to be registered or not, and wherever in the world those rights may exist.). TFF owns all legal right, title and interest in and to the API, Content, Brand Features, and all intellectual property rights. This API Agreement does not grant you any right, title or interest in or to TFF’s Brand Features. All use by you of TFF’s Brand Features (including any goodwill associated therewith) will inure to the benefit of TFF. To the maximum extent permitted by applicable law, the following will apply: at no time during or after the term will you challenge or assist others to challenge the Brand Features of TFF or the registration thereof by TFF, nor will you attempt to register any Brand Features (including domain names) that are confusingly similar to those of TFF in any way (including but not limited to sound, appearance and spelling).
Content provided to you may contain the trade names, trademarks, service marks, logos, domain names, and other distinctive brand features of TFF, its partners, or other third party rights holders of content indexed by TFF. When TFF provides this attribution, you must display it as provided and may not delete or in any manner alter these trade names, trademarks, service marks, logos, domain names, and other distinctive brand features.
You understand and agree that TFF has the sole right and discretion to determine whether your attribution(s) are in compliance with the above requirements.
7. Responsibility for Breaches
You agree that you are solely responsible for (and that TFF has no responsibility to you or to any third party for) any breach of your obligations under the terms and for the consequences of any such breach (including any loss or damage that TFF may suffer).
TFF reserves the right, in its sole discretion (for any reason or for no reason) and at any time without notice or liability, to change, suspend or discontinue the API and/or suspend or terminate your rights under the API Agreement to access, use and/or display (as applicable) the API, Brand Features and/or any Content at any time without liability or other obligation to you. Any termination of the API Agreement will also immediately terminate the licenses granted to you hereunder. You may terminate your legal agreement with TFF by removing the API code from your implementation and discontinuing your use of the API at any time. Such change, suspension or termination of the API may cause your existing services using the API to stop functioning properly. Upon any termination of the API Agreement, you will promptly delete and remove all requests to the API from all web pages, scripts, widgets, applications, and other software in your possession or under your control; promptly destroy and remove from all computers, hard drives, networks and other storage media all copies of the API, Brand Features and/or any Content; and you will promptly certify in writing to TFF that such actions have been taken.
You agree that your use of the API is at your own risk and you agree to hold harmless, defend and indemnify TFF and its subsidiaries, affiliates, officers, agents, employees and suppliers from and against any and all claims, damages, liabilities, costs and fees (including reasonable attorneys' fees) arising from, or in any way related to (i) your or Your Users' use or implementation of the API or any Content obtained from the API or (ii) any content on Your Site, including any statements, representations or warranties related to TFF. You will cooperate as fully as reasonably required in the defense of any claim. You will not agree to any settlement that imposes any obligation on TFF without TFF's prior consent. TFF reserves the right, at its own expense, to assume the exclusive defense and control of any matter subject to indemnification by you. You acknowledge that damages for improper use of the API may be irreparable; therefore, TFF is entitled to seek equitable relief, including but not limited to preliminary injunction and injunctions, in addition to all other remedies.
10. No Warranties; No Support
THE API, BRAND FEATURES AND CONTENT ARE PROVIDED "AS IS", "WITH ALL FAULTS" AND "AS AVAILABLE" WITHOUT WARRANTY OF ANY KIND AND AT YOUR SOLE RISK. EXCEPT TO THE MAXIMUM EXTENT REQUIRED BY APPLICABLE LAW, TFF DISCLAIMS ALL WARRANTIES, REPRESENTATIONS, CONDITIONS, AND DUTIES, WHETHER EXPRESS, IMPLIED OR STATUTORY, REGARDING THE API, BRAND FEATURES AND ANY CONTENT, INCLUDING, WITHOUT LIMITATION, ANY AND ALL IMPLIED WARRANTIES OF MERCHANTABILITY, ACCURACY, RESULTS OF USE, RELIABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, INTERFERENCE WITH QUIET ENJOYMENT AND NON-INFRINGEMENT OF THIRD-PARTY RIGHTS. FURTHER, TFF DISCLAIMS ANY WARRANTY THAT YOUR USE OF THE API WILL BE UNINTERRUPTED, SECURE, TIMELY OR ERROR FREE. FOR THE AVOIDANCE OF DOUBT, YOU ACKNOWLEDGE AND AGREE THAT THE API AGREEMENT DOES NOT ENTITLE YOU TO ANY SUPPORT FOR THE API. NO ADVICE OR INFORMATION, WHETHER ORAL OR IN WRITING, OBTAINED BY YOU FROM TFF WILL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THE API AGREEMENT. ANY CONTENT OBTAINED THROUGH THE USE OF THE TFF API IS DONE AT YOUR OWN DISCRETION AND RISK AND YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR OTHER DEVICE, LOSS OF DATA, OR ANY OTHER DAMAGE OR INJURY THAT RESULTS FROM THE DOWNLOAD OR USE OF ANY SUCH CONTENT
11. Limitation of Liability
THE API IS BEING PROVIDED FREE OF CHARGE. ACCORDINGLY, YOU AGREE THAT TFF SHALL HAVE NO LIABILITY ARISING FROM OR BASED ON YOUR USE OF THE API. REGARDLESS OF WHETHER ANY REMEDY SET FORTH HEREIN FAILS OF ITS ESSENTIAL PURPOSE OR OTHERWISE, AND EXCEPT FOR BODILY INJURY, IN NO EVENT SHALL TFF OR ITS SUBSIDIARIES, AFFILIATES, OFFICERS, AGENTS, EMPLOYEES AND SUPPLIERS BE LIABLE TO YOU OR TO ANY THIRD PARTY UNDER ANY TORT, CONTRACT, NEGLIGENCE, STRICT LIABILITY OR OTHER LEGAL OR EQUITABLE THEORY FOR ANY LOST PROFITS, LOST OR CORRUPTED DATA, LOSS OF GOODWILL OR BUSINESS REPUTATION, COMPUTER FAILURE OR MALFUNCTION, INTERRUPTION OF BUSINESS, OR OTHER SPECIAL, DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES OF ANY KIND ARISING OUT OF THE USE OR INABILITY TO USE THE API, EVEN IF TFF HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH LOSS OR DAMAGES AND WHETHER OR NOT SUCH LOSS OR DAMAGES ARE FORESEEABLE. ANY CLAIM ARISING OUT OF OR RELATING TO THE API AGREEMENT MUST BE BROUGHT WITHIN (1) YEAR AFTER THE OCCURRENCE OF THE EVENT GIVING RISE TO SUCH CLAIM. IF SUCH CLAIM IS NOT FILED, THEN THAT CLAIM IS PERMANENTLY BARRED. THIS APPLIES TO YOU AND YOUR SUCCESSORS, AND TO TFF AND ITS SUCCESSORS. NOTWITHSTANDING THE FOREGOING, TFF'S MAXIMUM LIABILITY UNDER THIS API AGREEMENT SHALL NOT, IN ANY EVENT, EXCEED $50.00(USD).
You hereby acknowledge the Content is provided for planning purposes only. Conditions such as weather, traffic, construction projects, street closures, or other events may affect the accuracy of the Content. Please see the TaxiFareFinder Disclaimers.
12. Limited Relationship
TFF and you are, and will remain, independent contractors, and nothing in the API Agreement will be construed as creating an employer-employee relationship, partnership or joint venture. Although you are permitted to publicize your use of the API, you agree not to make any other statements, without the prior written consent of TFF, implying a different kind of relationship between you and TFF, including any implied endorsement of your content, products, or services by TFF. You do not have any authority of any kind to bind TFF in any respect whatsoever.
13. Choice of Law and Arbitration
Any claim, controversy or dispute arising out of or relating to the API Agreement ("Claim") will be governed by Massachusetts law consistent with the Federal Arbitration Act without regard to conflict of law provisions or giving effect to any principles that may provide for the application of the laws of another jurisdiction. You and TFF agree to submit to the exclusive, personal jurisdiction of the federal or state courts of Middlesex County, Massachusetts to resolve any legal matter arising from or related to this Agreement. Notwithstanding this, you agree that TFF will be allowed to apply for injunctive remedies (or an equivalent type of urgent legal relief) in any jurisdiction.
All Claims must be exclusively resolved and settled by final and binding arbitration administered by and in accordance with the rules of the American Arbitration Association ("AAA") and before a single arbitrator who is a member of the AAA. Arbitrations will be held in Boston, Massachusetts, but the parties may choose for themselves whether to appear in person, by phone, or through the submission of documents. The arbitrator will issue a ruling in writing, and will detail all findings of fact and law upon which the ruling was made. The arbitrator will not have the power to commit errors of law or legal reasoning, and the ruling may be vacated or corrected on appeal to a court of competent jurisdiction for such errors. The arbitrator's ruling will otherwise be final and binding on all parties, and may be entered in any court of competent jurisdiction. Notwithstanding the foregoing, any dispute as to the enforceability of this arbitration provision or its applicability to a specific Claim shall be adjudicated by a state or federal court located within Middlesex County, Massachusetts ("Court"), and not by an arbitrator.
The API Agreement encompasses the entire agreement between you and TFF regarding the subject matter discussed therein. This Agreement completely replaces and supersedes any prior agreements between you and TFF, written or oral, in connection with the API and/or the Content. The failure of either party to exercise in any respect any right or provision provided for herein will not constitute a waiver of such right or provision or of any further rights hereunder. If any provision of the API Agreement is found to be unenforceable or invalid, that provision will be replaced with terms that most closely match the intent of the provision that is not enforceable to the minimum extent necessary so that the remaining API Agreement will otherwise remain in full force and effect and enforceable. The API Agreement is not assignable, transferable or sublicensable, in whole or in part, by you except with TFF's prior written consent. TFF may assign the API Agreement, in whole or in part, at any time with or without notice to you. The section titles in the API Agreement are for convenience only and have no legal or contractual effect.
You agree that TFF may provide you with notices, including those regarding changes to the terms, by email, regular mail, or postings on its website.
Upon termination of this Agreement, those terms that by their nature are intended to continue indefinitely will continue to apply, including but not limited to Section 5 (proprietary rights), Section 8 (termination), Section 9 (indemnity), Section 10 (warranties), Section 11 (limitations of liability), and Section 14 (miscellaneous).
16. Contact and Violations
Please contact TFF with any questions regarding the API Agreement. Please report any violations of the API Agreement to TFF.
YOU SHOULD CAREFULLY READ THE FOLLOWING TERMS AND CONDITIONS BEFORE USING THE TAXIFAREFINDER APPLICATION PROGRAMMING INTERFACE (“API”). UNLEASHED, LLC (“UNLEASHED”) IS ONLY WILLING TO PROVIDE THE PRE-RELEASE LICENSE TO YOU UNDER THESE TERMS AND CONDITIONS. ANY USE OF THE API WILL SIGNIFY YOUR AGREEMENT TO BE BOUND BY THESE TERMS AND CONDITIONS. IF YOU DO NOT AGREE TO THESE TERMS AND CONDITIONS, DO NOT PROCEED.
This is an agreement between You and Unleashed, LLC regarding Your use of the pre-release version of the TaxiFareFinder API, including modifications, enhancements, improvements, updates, additions, and derivative works, and any associated documentation, software code or other materials made available by Unleashed (collectively referred to in this Agreement as the "API"). Unleashed has developed the API and desires that it be tested prior to general release. You desire to serve as a beta tester for the API.
Unleashed shall have sole authority and discretion to determine the period of time for testing and evaluation of the API. Unleashed shall be the sole judge of the success of such testing and the decision, if any, to offer the API commercially.
1. Use of the API – Under the terms of this License, Unleashed allows You to access and use the API solely for the purpose of evaluation. In consideration of Your use of the API, You agree to: a) provide true, accurate, current, and complete information about Yourself as prompted by the Beta Registration Process; and b) maintain and promptly update Your Beta Registration data to keep it true, accurate, current, and complete. If you provide any information that is, or if Unleashed has reasonable grounds to suspect that such information is, untrue, inaccurate, not current, or incomplete, Unleashed has the right to terminate your Beta Membership and refuse current or future use of the API.
2. Scope of License – The API is licensed, not sold. The API is the sole property of Unleashed until it is officially, commercially released. This License only gives You some rights to access and use the API. Unleashed reserves all other rights. You may use the API only as expressly permitted in this License. In doing so, You must comply with any technical limitations in the API that allow You to use it only in certain ways. Files or other information provided by Unleashed may be subject to limitations on usage, reproduction, or dissemination. You are responsible for adhering to these limitations. You may not:
You are responsible for maintaining the confidentiality of Your account information and other sensitive information. You must protect any passwords or other credentials associated with Your account(s) for the API, and take full responsibility for any use of the account(s) under Your password. Use of Your account information by anyone other than You is considered unauthorized access, even if You granted permission for such use. You are responsible for all activities that occur in Your account, and You agree to notify Unleashed immediately of any unauthorized account use. Unleashed is in no way responsible for any loss or damages to You or to any third party incurred as a result of any unauthorized access and/or use of Your account, or otherwise.
4. Pre-Release Service – This API is a pre-release version. It may not work the way a final version of the API will. Unleashed may change it for the final, commercial version. Unleashed also may not release a commercial version.
5. Support – Unleashed is not obligated to provide any technical or other support ("Support Services") for the API. However, if Unleashed chooses to provide any Support Services to You, Your use of such Support Services will be governed by Unleashed’s policies. With respect to any technical or other information You provide to Unleashed in connection with the API or any Support Services, You agree that Unleashed has an unrestricted right to use such information for its business purposes, including for product support and development. Unleashed will not use such information in a form that personally identifies You.
6. Feedback – You have the ability to give feedback about the API to Unleashed. By using this API in beta form, You agree to notify Unleashed of all problems and ideas for enhancements which come to Your attention during the period of this License. You hereby assign to Unleashed all right, title and interest to such enhancements and all property rights therein including without limitation all patent, copyright, trade secret, mask work, trademark, moral right or other intellectual property rights.
Any content submitted by You to Unleashed, including but not limited to questions, comments, feedback, notes, messages, ideas, suggestions or other contributions, solicited or unsolicited, transmitted via email, fax, letter, onsite posting, blog, or other means, shall be and shall remain the exclusive property of Unleashed. Submission of any such content shall constitute an assignment to Unleashed of all intellectual property rights in same. Unleashed shall be entitled to use, reproduce, modify, adapt, reformat, disclose, publish, distribute and create derivative works from any material submitted by You for any purpose whatsoever, without restriction and without compensating You in any way. You hereby agree to grant Unleashed a worldwide, royalty-free, non-revocable, non-exclusive license to use, display, reproduce, modify, adapt, publish, distribute, perform, promote, archive, translate, and to create derivative works and compilations, in whole or in part of any material submitted by You. Such license will apply with respect to any form, media, or technology now known or later developed. You acknowledge and agree that Unleashed has the right to refuse to publish or to remove or block access to any content provided by You at any time, for any reason, with or without notice.
You also grant to third parties, without charge, any patent rights necessary for their products, technologies and services to use or interface with any specific parts of an Unleashed API that incorporates Your feedback. You will not give feedback that is subject to a license that requires Unleashed to license its software or documentation to third parties because Unleashed includes Your feedback in our software or documentation. These rights survive this agreement.
7. Confidentiality – You acknowledge that, in the course of using and accessing the API, You may obtain or develop information relating to the API and/or to Unleashed ("Confidential Information"), including, but not limited to the API, beta products, beta websites, technology, algorithms, schematics, testing procedures, user interface, documentation, problem reports, analysis and performance information, inventions (whether patentable or not), and other technical, business, product, marketing, financial and customer information, plans and data. During and after the term of this License, You shall hold in confidence and protect, and shall not use (except as expressly authorized by this License) or disclose Confidential Information, unless such Confidential Information becomes part of the public domain without breach of this agreement by You. You shall not, without the prior written consent of Unleashed, disclose or otherwise make available the API, beta products, beta websites, documentation or other supporting materials, including any information relating to the performance or operation of the API (including any testing results, opinions, benchmarking or other evaluation conclusions), or copies thereof to any third party.
8. Termination; Remedies and Damages – Unleashed reserves the right to discontinue offering the API or to modify the API at any time in its sole discretion. If You are dissatisfied with any aspect of the API at any time, Your sole and exclusive remedy is to cease using it. You cannot recover any other damages, including consequential, lost profits, special, indirect or incidental damages regardless of whether Unleashed knew or should have known about the possibility of the damages.
You agree that Unleashed shall have no liability whatsoever for any use You make of the API. To the maximum extent permitted by applicable law, you hereby release, and waive all claims against Unleashed for any and all liability for claims, damages (actual and consequential), costs and expenses (including litigation costs and attorneys’ fees) of every kind and nature, arising out of or in any way connected with use of the API.
Notwithstanding anything contained in the License to the contrary, Unleashed may also, in its sole discretion, terminate or suspend access to the API to You at any time. You acknowledge that termination and/or monetary damages may not be a sufficient remedy if You breach this agreement as any such breach may allow You or third parties to unfairly compete with Unleashed resulting in irreparable harm to Unleashed and that Unleashed will be entitled, without waiving any other rights or remedies, to injunctive or equitable relief as may be deemed proper by a court of competent jurisdiction in the event of a breach. Upon the expiration or any termination of this Agreement, you must cease using the API and the Script.
9. Modifications; Notices – Unleashed reserves the right to change this License at any time without notice. If You do not agree to these changes, then You must cancel and stop using the API. If You do not stop using the API, then Your use of the API will continue under the changed License.
10. Indemnification – You agree to indemnify and hold harmless Unleashed, LLC, its officers, directors, employees, suppliers, and affiliates, from and against any losses, damages, fines and expenses (including attorney’s fees and costs) arising out of or relating to any claims that You have used the API in violation of another party’s rights, in violation of any law, in violation of any terms of this License, or other claim related to Your use of the API.
11. Applicable Law – This License shall be governed by the laws of the Commonwealth of Massachusetts and You expressly agree that the Commonwealth of Massachusetts shall have exclusive jurisdiction over any claim or dispute between You and Unleashed arising from or otherwise relating to this License. You further agree and expressly consent to the exercise of personal jurisdiction in the Commonwealth of Massachusetts in connection with any such dispute or claim.
Youshall comply with all applicable federal, state and local laws, regulations, and ordinances in connection with Your activities pursuant to this License and Your use of the API.
The provisions of this License are severable and if any one or more of the provisions herein is judicially determined to be illegal or otherwise unenforceable, in whole or in part, the same shall be reformed to comply with applicable law or stricken if not so conformable. The remaining provisions of this License shall remain valid and binding.
Failure of Unleashed to enforce a right under this License shall not act as a waiver of that right or the ability to later assert that right. A waiver of any section of this License by Unleashed does not constitute a waiver of the remaining section(s).
12. Disclaimer of Warranty – The Script and API is supplied "as-is." You bear the risk of using it. To the maximum extent permitted by law, Unleashed expressly disclaims all warranties of any kind, implied or express, including but not limited to the warranties of merchantability, fitness or applicability for a particular purpose, and non-infringement. Unleashed makes no warranty, implied or express, that the API will be uninterrupted, error-free, virus-free, timely, secure, accurate, or reliable, nor that any content is safe in any manner for download.
13. Trademark – The TaxiFareFinder name and logo are trademarks of Unleashed, LLC. All rights are reserved to Unleashed, LLC. You agree not to display or use, in any manner, said trademarks, without Unleashed’s prior permission.