TRIDGET Terms of Use Statement

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General. This Terms of Use Statement covers any User’s use of the TRIDGET application to provide search results from the Transportation Research Board (TRB) TRID Database. TRB is a division of the National Academy of Sciences, a private tax-exempt corporation (National Academy of Sciences and Transportation Research Board are collectively referred to herein as “NAS”). TRID is an integrated database located at trid.trb.org that combines the records from TRB’s Transportation Research Information Services (TRIS) Database and the OECD’s Joint Transport Research Centre’s International Transport Research Documentation (ITRD) Database.

Security and Patches. NAS will not be responsible for: (1) any breach of security related to the use of TRIDGET to include unauthorized access, and viruses, due to placement of TRIDGET on User’s websites; (2) for any operating system patches, software security modifications, or anti-virus software that User may choose to run on its server(s); or (3) for User’s security patches or modifications that may affect use of TRIDGET or the TRID Database on User’s website.

Accessing the TRID System. User is responsible for updating the TRIDGET application if an update to the TRIDGET is released. User shall not render search results from the TRID Database on User’s website outside of TRIDGET or in any way brand the search results as its own. User acknowledges that all search results for queries originating at the User’s website will appear on the TRID website at trid.trb.org.

Costs. User is solely responsible for all costs incurred in connection with adding TRIDGET on its website. Any and all other changes to the TRIDGET application, the TRID Database, and the TRID website are at the discretion of NAS.

License. Subject to these Terms of Use, NAS hereby grants User a worldwide, revocable, non-exclusive, non-transferable, non-sublicensable right and license to download and display TRIDGET, its Content, and the Licensed Marks solely on User's website(s) (the "License"). The License and these Terms of Use shall immediately and automatically terminate if at any time User does not comply in a timely fashion with any obligation under these Terms of Use or otherwise upon termination of these Terms of Use. User shall promptly remove from User's site(s) and delete or otherwise destroy all copies of TRIDGET and Licensed Marks with respect to which the License and these Terms of Use is terminated or as NAS may otherwise request from time to time.

Proprietary Rights. TRIDGET is proprietary to NAS. These Terms of Use do not grant any rights in any NAS or TRB content, logos, or trademarks beyond the limited permission to display TRIDGET granted herein. NAS and TRB reserve the right at any time to terminate or modify User’s permission to display TRIDGET, or to change or to cease the content returned by TRIDGET (the “Content”). User's access to and use of TRIDGET and the Content therein does not transfer any rights to User. User acknowledges and agrees that NAS is the exclusive and rightful owner of, and shall retain all worldwide right, title and interest in and to, all intellectual property and proprietary rights, including copyright and trademark, of TRIDGET and the Content.

Licensed Marks. User acknowledges and agrees that NAS is the exclusive and rightful owner of, and shall retain all worldwide right, title and interest in and to, all registered and unregistered, and any future registered, names, trademarks, trade dress, service marks, domain names, and logos, or any derivation thereof, and all goodwill therein, of NAS, TRB, and its affiliates ("Licensed Marks").

License Restrictions. User may not modify TRIDGET, change any code, obscure or disable any element of TRIDGET, or tag links to NAS or TRB from TRIDGET with a "nofollow" attribute or otherwise prevent or discourage search engines from following or scoring the link. User further agrees not to display TRIDGET in any manner that implies affiliation with, sponsorship, or endorsement by NAS or TRB. Except as otherwise expressly specified in these Terms of Use, User may not (a) decompile, reverse engineer, disassemble, modify, distribute, or create derivative works or improvements from TRIDGET or any portion thereof, or attempt to discover any source code, protocols, or other trade secrets in TRIDGET; (b) sell, lease, loan, distribute, transfer, or sublicense TRIDGET or access thereto or derive income from the use or provision thereof, whether for direct commercial or monetary gain or otherwise; or (c) use TRIDGET in any unlawful manner, for any unlawful purpose, or in any manner inconsistent with these Terms of Use.

Representations and Warranties. User represents and warrants that: (i) User has all the rights, power and authority (including without limitation all required third party licenses or permissions) to engage in the activity contemplated by these Terms of Use; (ii) the site where User incorporates TRIDGET will not contain material which is unlawful, obscene, harmful, threatening, harassing, defamatory or hateful, that invades the privacy of any third party or violates any third party's intellectual property rights; and (iii) User is responsible for all activity related to or content provided on User's site, and NAS disclaims any and all liability relating thereto.

Warranty Disclaimer. NAS, ITS OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, AND AFFILIATES (THE "NAS PARTIES") DISCLAIMS ANY WARRANTIES THAT MAY BE EXPRESSED OR IMPLIED BY LAW REGARDING USE OF TRIDGET, INCLUDING WARRANTIES OF ACCURACY OR NON-INFRINGEMENT. USER ACKNOWLEDGES AND AGREES THAT TRIDGET AND CONTENT ARE PROVIDED "AS IS", AND THAT USER’S USE OF TRIDGET SHALL BE AT ITS SOLE RISK. TO THE FULLEST EXTENT PERMITTED BY LAW. THE NAS PARTIES NAS MAKE NO WARRANTIES OR REPRESENTATIONS ABOUT THE QUALITY, ACCURACY OR COMPLETENESS OF TRIDGET OR THE CONTENT THEREIN.

Limitation of Liability. IN NO EVENT WILL THE NAS PARTIES BE LIABLE TO COMPANY FOR ANY DIRECT, SPECIAL, INCIDENTAL, EXEMPLARY, PUNITIVE OR CONSEQUENTIAL DAMAGES (INCLUDING LOSS OF USE, DATA, BUSINESS OR PROFITS).

Miscellaneous. These Terms of Use constitute the entire agreement between User and NAS. These Terms of Use shall be construed in accordance with the laws of the District of Columbia, without regard to its conflict of laws rules.

Acceptance of Terms of Use. Use of TRIDGET at trid.trb.org constitutes acceptance of these Terms of Use. If you are accepting these Terms of Use on behalf of an organization, User certifies that he or she has the authority of that organization to enter into these Terms of Use. NAS reserves the right, at its sole discretion, to modify these Terms of Use or to discontinue the TRIDGET application at any time at any time, and any changes are effective immediately unless stated otherwise.

Points of Contact and Communications. All questions about the TRIDGET application should be emailed to tris-trb@nas.edu. Emails will be responded to within 5 business days.