Thank you for visiting the website (the “Site”) of Ben Franklin Transit (“BFT”) and reviewing our Terms of Use (the “Terms”).  The following Terms apply only to the use of the BFT Site.  Other websites operated have different terms of use.  We strongly suggest that you read the terms of use for each website that you visit, and any external site that you visit through a link appearing at this site.

Acceptance of these Terms of Use

By using or continuing use of the Site or accessing any materials on the Site, you agree to these Terms, as they may be updated or modified by BFT at any time at our discretion.  If you do not agree to them, please do not use the Site or download any material from it.

Changes to these Terms of Use

BFT reserves the right to change the Terms at any time but will not do so without posting the modified Terms of Use on our Site.  We encourage you to review our Terms of Use whenever you visit our Site to make sure you understand our agreement for your viewing and use of this Site.

Links to Other Websites

Links from our Site are provided for your convenience only.  BFT is not responsible for the content of any third party website or the privacy practices of such third parties.  In addition, any link from our Site to another website does not indicate that BFT endorses the services or policies of such third party website.  You should always investigate the terms of use of all websites that you access and carefully examine the terms of use, if any, of any websites appearing on or linking to or from our Site, since your access, viewing and use of the linked websites will be subject to the terms of use of those websites.

No Guaranteed Availability

BFT reserves the right at any time and from time to time to modify or discontinue the Site (or any part thereof), temporarily or permanently, with or without notice.  BFT makes no claims, promises or guarantees about the accuracy, currency, completeness, or adequacy of the information presented on this Site and expressly disclaims liability for errors and omissions in the information.  You agree that BFT will not be liable for any modification, suspension or discontinuance of the Site.

Termination of Site

You agree that BFT, in its sole discretion, may terminate your access (or any part thereof) of the Site, and remove and discard any Content within the Site, for any reason, including, without limitation, our belief that you have violated or acted inconsistently with the letter or spirit of these Terms.  You agree that any termination of your access to the Site under any provision of these Terms may occur without prior notice to you, and you also agree that BFT will not be liable to you for any termination of your access to the Site.

Children

BFT requests that parents supervise their children while online.  No personal information should be provided by minor children without parental consent.

Restrictions on Use

All information and materials published on the Site, including, but not limited to, trademarks, service marks, copyrights, maps, schedules, arrival information, fare information, photographs and illustrations (collectively, the “Content”), is the property of BFT unless otherwise indicated.  Third party trademarks and copyrights 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 notices contained in such content.  Any development of derivative materials, use of BFT’s data or other non-personal use of this Site requires the express prior written consent of BFT and shall be governed by separate agreement.  Any other use, including reproduction, modification, distribution, transmission, republication, display or performance, is strictly prohibited without the express prior written consent of BFT.  This site is not a forum for public communication and debate.

Copyright

BFT retains copyright rights on graphic works, collective works, literary works and other copyright protected Content of this Site.  This means that you may not:  (1) distribute the Content to others without the express prior written permission of BFT; (2) “mirror” this information on your Site without the express prior written consent of BFT; or (3) modify or re-use the Content of this Site.  You may:  (1) print copies of the information for your own personal use; and (2) reference this Site from your own documents.  Commercial use of this information is prohibited without the express prior written permission of BFT.  In all copies of this information, you must include this copyright notice and any other copyright notices originally included with such information.

Trademarks

The trademarks, service marks, logos and trade dress (the “Trademarks”) used and displayed herein are trademarks owned by BFT and you may not display or use the Trademarks without the express prior written consent of BFT.  Nothing herein should be construed as granting, by implication, estoppel, or otherwise, any license or right to use any Trademarks displayed herein, without the written permission of BFT.

Disclaimer of Warranties and Limitation of Liability

You agree that the content and all third party links are 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, non-infringement and freedom from computer virus.  BFT does not warrant that the Site will be available at any given time, secure, accurate or free of error.  you use the Site at your own risk, and you assume the risk that the Site may provide incorrect information to you or your workers, as well as the risk that any material downloaded by you from the Site may cause loss of data or damage to your computer system.

You understand and agree that in no event will BFT be liable for any direct or indirect damages, even if BFT 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 Site.  The parties intend that this limitation should apply even if it causes any warranty to fail of its essential purpose.

Site Privileges and Indemnity

You agree to refrain from activity that imposes an unreasonable burden on the Site, and we reserve the right, at our discretion, to limit the order quantity on any item and/or to refuse service to nay customer who violates these provisions.  You agree to indemnify, defend and hold harmless BCT 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 unauthorized use of the Site or Content, should you use this Site or Content in a manner that is contrary to these Terms of Use.

 Severability and Waiver

The invalidity of any term or provision of these Terms will not affect the validity of any other provision.  Waiver by BFT of strict performances of any provision of these Terms will not be a waiver of or prejudice BFT’s right to require strict performance of the same provision in the future or of any other provision of these Terms.

Choice of Law and Jurisdiction

This Site is controlled and operated by BFT from its location in Richland, Washington.  These Terms shall be construed in accordance with the laws of the State of Washington, without regard to any conflict of law provisions.  Any dispute arising under these Terms shall be resolved exclusively by the state or federal courts sitting in Benton County, Washington.

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 Site, other than those contained in these Terms.

Questions or Concerns

If you have any questions or concerns about these Terms or use of this Site, please write to us at BFT, 1000 Columbia Park Trail, Richland, WA, 99352, Attention:  Customer Service.