Terms of Use

Introduction

The CitizenPanda™ Woodstock Traffic Experiment™ (the "Experiment") is provided to you, the user, as a data-driven social experiment that utilizes a crowd-sourced network of smart sensors to measure vehicle speeds on public streets in communities. The Experiment is offered by CitizenPanda and various contributors (collectively referred to as the "Providers") with the aim of improving community safety and quality of life.

1. Disclaimer of Affiliation

The Experiment is not affiliated with, endorsed by, or in any way officially connected with any city, county, state, or other governmental entity. The data provided by the Experiment is unofficial and is provided for informational purposes only.

2. Accuracy of Data

The data provided by the Experiment is not guaranteed to be accurate, complete, or timely. The Providers offer this Experiment as-is and make no representations or warranties of any kind, express or implied, about the completeness, accuracy, reliability, suitability or availability of the data produced by the Experiment.The radar sensor operates on 24 GHz unlicensed spectrum to provide real-time, high-resolution data. The sensor is engineered to be capable of +/- 0.3 MPH of accuracy, however due to sensor position and periodic environmental anomalies, higher variances may be seen. Speeds below 10 MPH are not reported due to traffic turning onto or off of the street, foot traffic, and atmospheric weather conditions.

3. Limitation of Liability

Under any and all applicable laws, the Providers will not be held responsible for any direct, indirect, incidental, special, consequential, or exemplary damages. This includes, but is not limited to, damages resulting in loss of profits, goodwill, usage, data, physical harm, property damage, or other non-tangible losses. This applies even if the Providers have been made aware of the potential for such damages. These conditions are in effect in relation to the use of the Experiment, irrespective of the geographical location from where you access or use the Experiment. This liability limitation applies whether the damages are incurred by the user or any third party.

4. User Conduct and Safety

Your use of the Experiment constitutes an agreement to abide by all terms set forth herein, including the commitment not to misuse the Experiment or assist others in doing so. The Experiment must only be used for lawful purposes and in a manner that does not cause harm, risk, nuisance, or discomfort to you or others. Unlawful or unauthorized activities, including but not limited to hacking, attempting to circumvent our content filtering techniques, or accessing areas or features of the Experiment you are not authorized to access, are strictly prohibited. Furthermore, you agree not to develop any third-party applications that interact with the Experiment without our prior written consent.

We reserve the right to take appropriate legal action, including reporting to law enforcement authorities, against anyone who violates this agreement, at our sole discretion. This applies whether violations are attempted or actual, and extends to any activities that could interfere with, disrupt, negatively affect, or inhibit other users.

5. Indemnification and Damages

You, as the user, along with your heirs, executors, administrators, and assigns, agree to defend, indemnify, and hold harmless the Providers, their respective directors, officers, employees, agents, and their heirs, executors, administrators, successors, and assigns, from and against any claims, liabilities, damages, losses, demands, costs, and expenses, including without limitation reasonable attorney's fees and costs, arising out of or in any way connected with the following:

(a) Your access to or use of the Experiment;
(b) Your violation of these terms;
(c) Any negligent acts, errors, or omissions on your part;
(d) Any injuries to persons or damage to property caused by your actions;
(e) Your violation of any third party right, including without limitation any intellectual property right, publicity, confidentiality, property, or privacy right;
(f) Any claim that your use of the Experiment caused damage to a third party;
(g) Any breach of your representations and warranties set forth in these terms.

The Providers, along with their heirs, executors, administrators, successors, and assigns, reserve the right to seek damages for any loss that they may suffer as a result of a violation of these terms, and you, along with your heirs, executors, administrators, and assigns, agree to be held liable for any such damages.

6. Privacy

Any personal data provided to or collected by the Experiment is controlled by the Providers. By using the Experiment, Users agree to the collection and use of this information, including the transfer of this information for storage, processing, and use by the Providers.

7. No Warranty

The Experiment is provided on an "as is" and "as available" basis without any warranties of any kind, and the Providers expressly disclaim any and all warranties, whether express or implied, including, but not limited to, the implied warranties of merchantability, title, fitness for a particular purpose, and non-infringement.

8. Cookies and Tracking

The Experiment may use cookies and similar tracking technologies to track the activity on our Service and hold certain information.Cookies are files with small amount of data which may include an anonymous unique identifier. Cookies are sent to your browser from a website and stored on your device.

You can instruct your browser to refuse all cookies or to indicate when a cookie is being sent. However, if you do not accept cookies, you may not be able to use some portions of our Service.

9. Third-party Links or Services

The Experiment may contain links to third-party websites or services that are not owned or controlled by us. We have no control over and assume no responsibility for the content, privacy policies, or practices of any third-party websites or services. We do not warrant the offerings of any of these entities/individuals or their websites. You acknowledge and agree that we are not responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with the use of or reliance on any such content, goods, or services available on or through any such third-party websites or services.

10. Updates or Changes to the Terms

We may modify these Terms of Use from time to time. Any and all changes to these Terms will be posted on the site, and you agree to be bound by any changes if you continue to use the Experiment after such changes are posted. We may also at times choose to notify you of changes or updates to our Terms through other means.

11. Changes to the Experiment

We reserve the right to withdraw or amend the Experiment, and any service or material provided by the Experiment, in our sole discretion without notice. We will not be liable if for any reason all or any part of the Experiment is unavailable at any time or for any period. From time to time, we may restrict access to some parts of the Experiment, or the entire Experiment without notice.

12. Intellectual Property Rights and Protection

All intellectual property rights in the Experiment, its content, interface, and infrastructure, are and will remain the exclusive property of the Providers and their licensors. The Experiment, including its entirety of content, features, functionality, and interfaces, are protected by copyright, trademark, and other laws of both the United States and foreign countries. Our trademarks and trade dress may not be used in connection with any product or service without the prior written consent of the Providers.

You are not permitted to reproduce, distribute, modify, create derivative works of, publicly display, publicly perform, republish, download, store or transmit any of the material on the Experiment, except as follows: (i) your computer may temporarily store copies of such materials in RAM incidental to your accessing and viewing those materials; (ii) you may store files that are automatically cached by your Web browser for display enhancement purposes; and (iii) you may print or download one copy of a reasonable number of pages of the Experiment for your own personal, non-commercial use and not for further reproduction, publication or distribution.

If you print, copy, modify, download or otherwise use or provide any other person with access to any part of the Experiment in breach of the Terms of Use, your right to use the Experiment will stop immediately and you must, at our option, return or destroy any copies of the materials you have made. No right, title or interest in or to the Experiment or any content on the Experiment is transferred to you, and all rights not expressly granted are reserved by the Providers. Any use of the Experiment not expressly permitted by these Terms of Use is a breach of these Terms of Use and may violate copyright, trademark and other laws.

13. Termination

The Providers may terminate or suspend your access to the Experiment at any time, without prior notice or liability. Upon termination, your use of the Experiment will immediately cease.

14. Mandatory Arbitration

You agree that any dispute, claim, or controversy arising out of or relating to your use of the Experiment or the breach, termination, enforcement, interpretation, or validity of these Terms of Use, will be settled by binding arbitration, rather than in court, unless otherwise required by law. Arbitration will be initiated by filing a claim with the Arbitration Service of Portland, Inc. (www.arbserve.com), and will be conducted in accordance with the then-current rules of the Arbitration Service of Portland, Inc. If for any reason the Arbitration Service of Portland, Inc. is not then available, then the arbitration will be initiated and conducted under the rules of the American Arbitration Association. Should arbitration not be possible or legally permissible, any legal actions must be undertaken within the jurisdiction of Multnomah County, unless otherwise stipulated by the Providers.

15. Governing Law

These Terms of Use and any dispute or claim arising out of or in connection with them or their subject matter or formation (including non-contractual disputes or claims) shall be governed by and construed in accordance with the law of the State of Oregon. Regardless of the laws of Oregon, any legal proceedings that are not undertaken in arbitration, for whatever reason, must occur within the jurisdiction of Multnomah County, unless otherwise stipulated by the Providers.

16. Severability

If any provision of these Terms of Use is found by a court of competent jurisdiction or arbitrator to be illegal, void, or unenforceable, that provision shall be deemed severed from these Terms and will not affect the validity and enforceability of any remaining provisions of these Terms. The remaining provisions of the Terms remain in full force and effect.

17. Entire Agreement

These Terms of Use, along with any other documents incorporated herein by reference, constitute the entire agreement between you and the Providers relating to your use of the Experiment, and supersedes any and all prior or contemporaneous written or oral agreements or understandings between you and the Providers. No modification to these Terms of Use will be effective unless in writing and signed by both you and the Providers.

If you do not agree with any part of these Terms of Use, you should discontinue your use of the Experiment immediately.

By using the Experiment, you are agreeing to be bound by these Terms of Use. If you have any questions about these Terms of Use, please contact us.

CitizenPanda and its Contributors