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Terms of Agreement and Service

This document defines the terms and conditions for subscriptions to The Urban Transportation Monitor, a publication of Lawley Publications.

1. ACCEPTANCE OF TERMS

Lawley Publications provides its service to you subject to the following Terms of Service ("TOS"), which may be updated by us from time to time. Your assent to the TOS and your use of the electronic edition of The Urban Transportation Monitor constitute your agreement to all such terms, conditions, policies and notices (the "Agreement").

2. DESCRIPTION OF SERVICE

Lawley Publications offers Subscribers to its electronic edition of The Urban Transportation Monitor access to features and content (the "Service") not available in the free sections of urban-transportation-monitor.com. Unless explicitly stated otherwise, any new features that augment or enhance the current Service shall be subject to the TOS. You understand and agree that the Service is provided "AS IS" and that Lawley Publications assumes no responsibility for the timeliness, deletion, misdelivery or failure to store any user communications or personalization settings.

3. MODIFICATIONS TO SERVICE

Lawley Publications reserves the right at any time and from time to time to modify or discontinue, temporarily or permanently, the Service (or any part thereof) with or without notice. You agree that Lawley Publications shall not be liable to you or to any third party for any modification, suspension or discontinuance of the Service.

Lawley Publications may change, add or remove any part of this Agreement, or any other terms associated with the use of the site, at any time, by posting a notice of such changes to the Terms of Service page of the Web site. Any changes shall become part of the Agreement and shall apply as soon as such a notice is posted. By continuing to use urban-transportation-monitor.com after the notice is posted, you are indicating your acceptance of those changes.

4. FEES AND PAYMENTS

In order to use the Service you will be required to register and create an account. You agree to pay the subscription fee incurred through your account.

If payment is not received when due, Lawley Publications reserves the right to either suspend or terminate your account and all its obligations under this Agreement.

If you have reason to believe that your account is no longer secure (for example, in the event of a loss, theft or unauthorized disclosure or use of your ID, password or any credit, debit or charge card number stored on the Service), you must promptly change your password and notify Lawley Publications of the problem by giving notice via email to editors@lawleypublications.com.

5. REGISTRATION AND ACCOUNT CREATION

As part of the registration and account creation process required to obtain access to this Service, you will provide Lawley Publications with certain registration information, all of which must be accurate and updated (if any of your registration information changes, you can update it by visiting your account page). You will be solely responsible for maintaining the confidentiality of your password and for all usage or activity on your urban-transportation-monitor.com account.

6. NON-TRANSFERABILITY OF SUBSCRIPTION

Your right to use this site is personal to you or your organization alone, and you may not sub-license, transfer, sell or assign this agreement to any third party without our approval. Any attempt to do so will be void.

7. SPONSORS, THIRD PARTIES, ADVERTISERS AND LINKS

Your correspondence or business dealings with, or participation in promotions of, sponsors, third parties or advertisers found on or through the Service, including payment and delivery of related goods or services, and any other terms, conditions, warranties or representations associated with such dealings, are solely between you and such sponsor, third party or advertiser. You agree that Lawley Publications shall not be responsible or liable for any loss or damage of any sort incurred as the result of any such dealings or as the result of the presence of such sponsors, third parties or advertisers on the Service. In addition, Lawley Publications may provide, or third parties may provide, links to other World Wide Web sites or resources. Because Lawley Publications has no control over such sites and resources, you acknowledge and agree that Lawley Publications is not responsible for the availability of such external sites or resources, does not endorse and is not responsible or liable for the accuracy or quality of any content, advertising, products, or other materials on or available from such sites or resources, and shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any such content, goods or services available on or through any such site or resource.

8. DISCLAIMER OF WARRANTIES

YOU EXPRESSLY UNDERSTAND AND AGREE THAT YOUR USE OF THE SERVICE IS AT YOUR SOLE RISK. THE SERVICE IS PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS. LAWLEY PUBLICATIONS 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.

9. LIMITATION OF LIABILITY

YOU EXPRESSLY UNDERSTAND AND AGREE THAT LAWLEY PUBLICATIONS SHALL NOT BE LIABLE 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 LAWLEY PUBLICATIONS 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. WITHOUT LIMITING THE FOREGOING OR ANY OTHER LIMITATION OF LIABILITY IN THIS AGREEMENT, YOU AGREE THAT UNDER NO CIRCUMSTANCE SHALL THE LIABILITY OF LAWLEY PUBLICATIONS UNDER THIS AGREEMENT EXCEED THE AMOUNT OF THE ANNUAL SUBSCRIPTION FEE PAID BY YOU.

10. DOWNLOADING AND COPYING; RESTRICTIONS ON USE

All materials on this site ("Online Material"), including, without limitation, names, logos, trademarks, service marks, images, articles, graphics, photographs, illustrations, artwork, audio clips, video clips, software, and other elements making up the Service are protected by copyrights and other intellectual property rights owned and controlled by Lawley Publications or by other parties that have licensed their material to Lawley Publications. You may download or copy the Online Material for noncommercial personal use by you or your organization limited for distribution to the confinements of the physical address of your subscription, provided that you maintain all copyright and other notices contained therein. Copying or storing of any Online Material for other than noncommercial use by you or your organization is expressly prohibited without prior written permission from Lawley Publications or the copyright holder identified in the copyright notice contained in the content. You may not add, delete, distort, or otherwise modify the content on this site. Lawley Publications, urban-transportation-monitor.com, and other urban-transportation-monitor.com logos and product and service names are trademarks of Lawley Publications.

11. NON-WAIVER; SEVERABILITY; LIMITATIONS OF ACTIONS

The failure of Lawley Publications to exercise or enforce any right or provision of the TOS shall not constitute a waiver of such right or provision. If any provision of the TOS is found by a court of competent jurisdiction to be invalid or unenforceable, 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 TOS remain in full force and effect. 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 the Service or the TOS must be filed within one (1) year after such claim or cause of action arose or be forever barred.

12. HEADINGS FOR CONVENIENCE ONLY

The section titles in the TOS are for convenience only and have no legal or contractual effect.

13. VIOLATIONS

Please report any violations of the TOS to us at editors@lawleypublications.com.

14. INDEMNIFICATION

You agree to indemnify, defend and hold Lawley Publications harmless from any claims and expenses, including reasonable attorneys' fees, arising from or related to any breach by you of any terms of this Agreement.

15. LETTERS TO THE EDITOR OR OTHER SUCH COMMENTS OR MATERIALS

Any comments, materials, or letters sent by you to Lawley Publications regarding the site or its content, including questions, comments, suggestions, criticisms or the like ("Received Materials") shall be deemed to be non-confidential and free of any claims of proprietary or personal rights unless you explicitly state in the correspondence that the letter is "not for publication" and contains "private and proprietary" information that may not be distributed. Lawley Publications shall have no obligation of any kind with respect to such Received Materials and Lawley Publications will be free to reproduce, use, disclose, exhibit, display, transform, edit, abridge, create derivative works from and/or distribute the Received Materials without limitation or restriction.

16. ENTIRE AGREEMENT

This Agreement and any other terms and conditions of service on http://www.urban-transportation-monitor.com constitute the entire agreement between you and Lawley Publications and govern your use of the Service.

17. REFUSAL OR DISCONTINUANCE OF SERVICE

Lawley Publications reserves the right to refuse or discontinue service to any user for non-compliance with these Terms of Service.

18. CHOICE OF LAW AND FORUM

This Agreement, and any dispute arising from its terms or its breach, will be governed by the laws of the Commonwealth of Virginia, and you agree to personal jurisdiction by the state and federal courts sitting in Virginia.