1. Linking policy—not a public forum
The Site is not a forum for public communication and debate, but a means for SAMTD to provide information relating SAMTD services, programs, objectives, missions and projects to the public and its customers. All decisions as to the placement of links to external sites or pages from the Site will be made by SAMTD in its sole discretion. SAMTD is not responsible for and does not endorse the content of any third party website. Third party websites are accessed at your own risk. SAMTD permits links from other web sites in accordance with the following conditions:
- The appearance, position and other aspects of the link may not be such as to damage or dilute the goodwill associated with SAMTD name and trademarks or be displayed in any manner that is likely to cause confusion among the public or disparage or discredit SAMTD;
- The appearance, position and other attributes of the link may not create the false impression that an organization or entity is sponsored by, affiliated with or associated with SAMTD or that views expressed on the website are those of SAMTD. SAMTD reserves the right to require that the linking website include notice stating that it is an unofficial web site and is not endorsed by, sponsored by or affiliated with SAMTD and that any views expressed on the website are not those of SAMTD; and
- When selected by a user, the link must display the Site full-screen and not within a frame on the linking website.
2. No guaranteed availability
SAMTD reserves the right at any time and from time to time to modify or discontinue the Service (or any part thereof), temporarily or permanently, with or without notice to you. You agree that SAMTD will not be liable to you for any modification, suspension or discontinuance of the Service.
3. Restrictions on use
All materials published on the Site, including, but not limited to, trademarks, service marks, maps, schedules, arrival information, fare information, photographs and illustrations (collectively, the "Content"), is the property of SAMTD unless otherwise indicated. Third-party trademarks are the property of their respective owners. You may use the Content displayed on the Site for personal, non-commercial use only, provided that you do not remove any trademarks, copyright or any other notice contained in such content. Developer use of SAMTD data is governed by separate terms.
4. Copyrights and trademarks
All Content of this Site is the property of SAMTD or its content suppliers, and is protected by United States and international copyright laws. The compilation of the Content on this Site is the exclusive property of SAMTD, and is likewise protected by US and international copyright laws.
All trademarks, service marks and trade names ("Trademarks") of SAMTD used herein (including, but not limited to, SALEM-KEIZER TRANSIT, CHERRIOTS, CHERRYLIFT, CHERRIOTS RIDESHARE, TRIPLINK, CARTS, RED LINE, CHERRIOTS LOCAL, CHERRIOTS REGIONAL, CHERRIOTS LIFT, CHERRIOTS SHOP AND RIDE, and CHERRIOTS TRIP CHOICE and the associated logos) are trademarks or registered trademarks of SAMTD and may not be used in any manner that is likely to cause confusion, or in any manner that disparages or discredits SAMTD. The SAMTD trademarks may not be used in connection with the products or services of others, except for the use of a text link or a SAMTD web logo to link to this site, in accordance with these Terms. All other trademarks not owned by SAMTD that appear on this Site are the property of their respective owners.
5. Disclaimer of warranties and limitation of liability
YOU AGREE THAT THE SERVICE 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. SAMTD does not warrant that the Service will be available at any given time, secure, accurate or free of error. You use the Service at your own risk, and you assume the risk that the Service may provide incorrect information to you or your workers, as well as the risk that any material downloaded by you from the Service may cause loss of data or damage to your computer system.
YOU UNDERSTAND AND AGREE THAT IN NO EVENT WILL SAMTD BE LIABLE FOR ANY DIRECT OR INDIRECT DAMAGES, EVEN IF SAMTD 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 SERVICE. 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 SAMTD 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 Service.
7. Severability and waiver
The invalidity of any term or provision of these Terms will not affect the validity of any other provision. Waiver by SAMTD of strict performances of any provision of these Terms will not be a waiver of or prejudice SAMTD right to require strict performance of the same provision in the future or of any other provision of these Terms.
8. Entire agreement
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 Service, other than those contained in these Terms.