Terms of Use and Data

This Website (the “Website,” or the “Site”) is provided to you by LAKETRAN (“we” or “us”). To assist you in using our Website, and to explain the relationship arising from your use of our Site and the programs and services we offer through it, we have created these Terms and Conditions of Use (the “Terms”). Our Terms govern your use of our Site. Our Terms apply to visitors to our Site (“Site Visitors”) as well as anyone enrolling in the programs or services we offer through it. These Terms apply only to your use this Website, and receipt of services, information, or other materials through the Site. These Terms do not apply to any other services, goods, or information you obtain from LAKETRAN.

PLEASE READ THIS DOCUMENT CAREFULLY BEFORE YOU USE THE SITE. BY USING THE SITE, YOU AGREE TO BE BOUND BY THE TERMS AND CONDITIONS SET FORTH BELOW. IF YOU DO NOT AGREE TO BE BOUND BY THESE TERMS AND CONDITIONS, PLEASE DO NOT USE OUR SITE.

Your Agreement

These Terms govern your use of the Website. Please read these Terms carefully as they impose legal obligations on you and LAKETRAN. By using the Website you consent to these Terms. In addition, when you choose to participate in certain Website Services programs we will further confirm your consent to this Policy, by asking you click an “I accept” button referring to these Terms.

Grant of Rights

Based on your agreement to comply with these Terms, we grant you the right to access and use all areas of the Website in order to (i) learn more about LAKETRAN as well as the programs and services that we offer, (ii) use and enroll in any of the programs or services in which you are eligible to participate, and (iii) print pages from our Website for purposes of using our transportation services and reaching your destinations (collectively “Permitted Purposes”). Apart from using the Site for the Permitted Purposes, you may not use, copy, modify, or distribute our Website (or pages from our Site).

LAKETRAN Ownership; Reservation of Rights

All information, software, artwork, text, video, audio, pictures, logos, and other content on the Website or embodied in our programs and services, including all associated intellectual property rights, are the proprietary property of LAKETRAN, its licensors, or are used under principles of fair use, and protected by copyright and other intellectual property laws. LAKETRAN retains all rights with respect to the Website except those expressly granted to you in Section 2 above.

Data Use

Data for Laketran service information (schedules, stop locations, route alignments, fares, and service calendar) is made available in the General Transit Feed Specification (GTFS) format. Download the Laketran GTFS data file.

Laketran hereby grants you (Licensee) non-exclusive, limited and revocable rights to use, reproduce, and redistribute Laketran (Data) subject to the following Terms.



Data Terms of Agreement

  • Laketran trademarks and copyrighted materials, including any confusingly similar variants, may not be used in association with Data. Any third party applications must receive written permission to use the Laketran logo by emailing marketing@laketran.com. Third party applications should be presented as such. They should not be presented as being endorsed by, or affiliated with Laketran.
  • Data is provided on an “as is” and “as available” basis. Laketran makes no representations or warranties of any kind, express or implied. Laketran disclaims all warranties, express or implied, including but not limited to implied warranties of merchantability and fitness for a particular purpose.
  • Laketran and its employees, officers, directors and agents will not be liable for damages of any kind arising from the use of Data including but not limited to direct, indirect, incidental, punitive and consequential damages.
  • Laketran reserves the right to alter and/or no longer provide Data at any time without prior notice.
  • Laketran maintains title, ownership, rights and interest in and to Data.

By using Laketran Data, you agree to be bound by all of the Terms and Conditions set forth in this agreement.

If you have developed an app with Laketran’s GTFS data or have any questions about services or data, please let us know by emailing marketing@laketran.com.

Code of Conduct

By using our Website, you agree to comply with these Terms, and to follow our Code of Conduct, which is set out below. Under this Code, you will not:

  • Use the Website in a manner that could disable, overburden, or impair the Site or interfere with any other party’s use and enjoyment of the Site. Such uses would include, for example, distributing or promoting material containing solicitations or forwarding chain letters.
  • Seek to obtain access to any material or information that we have not intentionally made available to you on the Website through “hacking,” “scraping,” or other means.
  • Submit material that is intentionally false, defamatory, unlawfully threatening, or unlawfully harassing. For example, when signing up for a program or service that we offer, such as the Dial-a-Ride reservation request or Vendor Registration service, you should make sure that all of the information you provide us accurately reflects what we ask from you.
  • Transmit materials through the Site that you know or should know contain viruses, Trojan horses, worms, time bombs, cancelbots, or other computer-programming routines that are intended to damage, detrimentally interfere with, surreptitiously intercept, or expropriate any system, data, or personal information.

Revocation or Suspension of Use Privileges

We reserve the right at any time to terminate or suspend your use of some or all of the Website if you engage in activities that we conclude, in our discretion, breach our Code of Conduct.

Submitted Content

We may provide features on our Site, such as “bulletin boards” or “Blogs,” that will allow you to interact with other Site Visitors by posting information. If you post content to our Website, by electronic mail or otherwise, we will treat the content as non-confidential and nonproprietary to you. By posting content on the Website, you authorize us to use and allow others to use, distribute, modify, and copy the content, without compensation to you and for so long as we choose (collectively, “Use Rights”). Moreover, when you post content on our Website, you warrant that you have sufficient authority and right to submit or post the information, and to grant these Use Rights to us.

Warranty Disclaimer

LAKETRAN and its Third Party Vendors do not promise that the Website will be error-free or uninterrupted, or that the programs, services, and features offered on our Site will be provided error-free or uninterrupted. For example, LAKETRAN does not guarantee that schedules or directions provided to you will be accurate. The Site, and all of the programs and services on the Site are available on an “AS IS” and “AS AVAILABLE” basis. LAKETRAN and its Third Party Vendors do not warrant or represent that files you download from the Site will be free of viruses or other harmful features. TO THE EXTENT PERMITTED BY APPLICABLE LAW, LAKETRAN DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING ANY IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. YOU EXPRESSLY AGREE THAT USE OF LAKETRAN SITE AND RELATED SERVICES IS AT YOUR SOLE RISK.

Links to Third-Party Sites

The Website may contain links or references to third party websites such as when you use the Information Maps or Affiliated Organizations available on our Site. LAKETRAN has no control over these third party sites or their content and does not assume responsibility or liability for any content, opinions, or materials available on them. LAKETRAN does not endorse the content of any third party site, nor does LAKETRAN warrant that a third party site will be free of computer viruses or other harmful code that can impact your computer or other Web-access device. If you link to any third party site through our Site, please be aware that you are doing so at your own risk.

Limitation of Liability

UNDER NO CIRCUMSTANCES, INCLUDING BUT NOT LIMITED TO BREACH OF CONTRACT, TORT, OR NEGLIGENCE, WILL LAKETRAN OR ITS THIRD PARTY VENDORS BE LIABLE FOR ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, PUNITIVE, EXEMPLARY, OR CONSEQUENTIAL DAMAGES (INCLUDING LOST PROFITS) THAT ARISE OUT OF, OR ARE RELATED TO, YOUR USE OF LAKETRAN SITE, ITS PROGRAMS, SERVICES, ONLINE PURCHASES, OR CONTENT. IN NO EVENT SHALL LAKETRAN’S AGGREGATE LIABILITY TO YOU FOR ANY LOSS, DAMAGE, OR CLAIM RELATED TO OR ARISING OUT OF LAKETRAN SITE OR ANY PROGRAMS OR SERVICES YOU RECEIVE FROM THE SITE EXCEED THE TOTAL AMOUNTS, IF ANY, ACTUALLY PAID BY YOU TO LAKETRAN FOR SUCH SITE PROGRAMS OR SERVICES DURING THE SIX (6) MONTH PERIOD IMMEDIATELY PRECEDING THE EVENT GIVING RISE TO THE LIABILITY.

Public Records Requests

Certain information held by LAKETRAN may be subject to public records laws. Dissemination of such information is governed by the Public Records Law and other applicable laws and regulations. These laws require disclosure of certain information in response to a public records request.

Indemnity

You agree to defend, indemnify, and hold LAKETRAN and its subsidiaries, affiliates, officers, directors, agents, and employees harmless from any liability to third parties, including reasonable attorneys’ fees, arising from or related to your breach of these Terms.

Contact for Alleged Copyright Infringement

LAKETRAN respects the intellectual property rights of others and requires that its users do the same. If you believe that any content available on our Site or any other activity taking place on the Site constitutes infringement of a work protected by copyright law (a “Work”), please notify our agent, designated under the Digital Millennium Copyright Act (17 U.S.C.§§ §512) (the “DMCA”) to respond to such concerns, as follows:

Paul Malchesky
Legal Counsel
Laketran
P.O. Box 158
Grand River, OH 44045-0158

Your notice must comply with the DMCA. Upon receipt of a proper notice, we will respond and proceed in accordance with the DMCA.

Indemnity

You agree to defend, indemnify, and hold LAKETRAN and its subsidiaries, affiliates, officers, directors, agents, and employees harmless from any liability to third parties, including reasonable attorneys’ fees, arising from or related to your breach of these Terms.

Additional Terms for Certain Programs or Services

We may offer certain programs or services on our Website that are subject to additional or different terms and conditions. We will notify you if the program or service you are using on the Website is subject to terms and conditions that differ from these Terms, and you may decline to participate in such programs or services if you do not agree with the differing terms and conditions

Modifications to these Terms

If we modify these Terms, any such modifications will take effect proactively, upon your subsequent access to the Website. Please feel free to print out a copy of these Terms for your records.

Assignment

These Terms shall not be assignable by you, either in whole or in part. LAKETRAN reserves the right to assign its rights and obligations under these Terms.

Definitions

Website Services means the informational, educational, travel-related, or other services that we offer through our Website.

General

These Terms shall be governed in all respects by the laws of the State of Ohio without giving effect to its conflicts of law provisions. Both parties submit to the personal jurisdiction of and venue in the state and federal courts in the State of Ohio, in the judicial district that includes Lake County, Ohio. The parties further agree that any cause of action arising under these Terms shall exclusively be brought in such courts. If any provision of these Terms is held to be invalid or unenforceable, such provision shall be struck and the remaining provisions shall be enforced. Headings are for reference purposes only and in no way define, limit, construe, or describe the scope or extent of such section. LAKETRAN’s failure to act with respect to a breach by you or others does not waive its right to act with respect to subsequent or similar breaches. This agreement and the terms and conditions contained herein set forth the entire understanding and agreement between LAKETRAN and you with respect to the subject matter hereof and supersede any prior or contemporaneous understanding, whether written or oral.
Survival – The following provisions shall survive the termination of these Terms and shall apply indefinitely: Section 3 (LAKETRAN Ownership; Reservation of Rights)

  • Section 6 (Submitted Content)
  • Section 7 (Warranty Disclaimer)
  • Section 9(Limitation of Liability)
  • Section 11 (Indemnity)
  • Section 15 (Assignment)
  • Section 17 (General)
  • Section 18 (Survival)