Acceptance of Terms
Review these Terms of Use carefully. If you access, use or purchase a product or service on a Web site or Web page ("Site") provided by the Iowa Department of Transportation (DOT) you accept and agree to comply with the following Terms of Use. If you do not agree with these Terms of Use, you should immediately discontinue any use of this Site. These Terms of Use may change from time to time. You should visit this Web page periodically to review the Terms of Use that govern your transactions and are binding on you.
License
The Iowa DOT grants you a limited non-exclusive, non-transferable license to access and make personal use of the Site for non-commercial use, provided the Site is not modified or downloaded (other than page caching and messages sent from the Site to you) unless expressly authorized by the Iowa DOT. You will be fully responsible for any consequences resulting from any use. This license does not include any right for resale or commercial use of the Site or its content. No derivative use of the Site or its contents or any use of data mining, robots, or similar data-gathering and extraction tools is permitted. Any unauthorized use of the Site will terminate the license and all the limited rights or permission granted by the Iowa DOT. All information provided by the Site is for the sole and private use of you and not available for distribution. You agree that you will not sell or use the traffic incidents data or Site data for any purpose, other that the purpose of being informed about current traffic conditions. You may not rent, disclose, publish, sell, assign, lease, sublicense, market or transfer the information in any manner not expressly authorized by this agreement. In particular you shall not use the information provided by the Site to operate a service bureau or for any other use involving the processing of data of or for other persons or entities, without the express written consent of the Iowa DOT.
Framing and Linking
No part of this Web site, whether complete or otherwise, may be set within a "frame" of another Web site, without the express written consent of the Iowa DOT. External framing or linking to specific images or graphics is prohibited without the express written consent of the Iowa DOT. External framing on Web sites or Web pages shall not be permitted when, without the express written consent of the Iowa DOT, an external site or page displays any of the following:
- Alcoholic beverages (distilled alcohol liquors, wines and malt liquors).
- Tobacco or tobacco-related paraphernalia.
- Controlled substances.
- Excessively violent material.
- Inherently dangerous or carry high product liability risks (firearms, explosives, fuels and paints) material.
- Obscene, pornographic, disparaging or sexually suggestive material.
- Material that would tend to lower the reputation or degrade the goodwill of the Iowa DOT.
- Material that is otherwise in poor taste.
- Religious material.
- Unlawful material.
- Material related to gambling or other games of chance
If permitted by the Iowa DOT, external framing and linking should be accompanied by the following statement: Copyright Iowa Department of Transportation
Copyright and Intellectual Property Rights
The Iowa DOT owns the intellectual property rights, including copyright, or has acquired the necessary licenses, in the information including all text, graphics, images, HTML code, multimedia clips, icons, the selection and compilation of the contents of the Site (collectively the "Contents").
The Contents on this Site and its compilation are protected by U.S. and international copyright, and trademark laws. Unauthorized use of the Contents may violate copyright, trademark and other laws. You may make a single copy of the Contents on this Site for non-commercial, personal or educational use only. Copying, repackaging, redistributing or modifying the Contents provided by this Site, in whole or in part, in printed or electronic format, is strictly prohibited, without the express written consent of the Iowa DOT.
Contents
Information on this page is intended as a general guide only to a possible traffic-related situation. This Web site contains initial raw information or Contents garnered from active incident scenes, as reported to the Iowa DOT’s operational support center. Due to the dynamic nature of an active incident scene, the possibility exists that an incident may have been reported or classified incorrectly, or that the information is not complete. Listed locations should be considered approximate, not exact.
The Iowa DOT provides this information with the understanding that it is not guaranteed to be accurate, correct or complete, and conclusions drawn from such information are the responsibility of the user. While every effort has been made to ensure the accuracy, correctness, and timeliness of the materials presented anywhere within these pages, the Iowa DOT assumes no responsibility for errors or omissions, even if the Iowa DOT is advised of the possibility of such damage.
Description of Services, Products, Pricing and Payment Terms
The Iowa DOT has attempted to be as accurate as reasonably possible. However, it does not warrant that traffic incident descriptions or other Contents of the Site are accurate, complete, reliable, current or error-free.
Availability of services and products are subject to change at any time without notice. You are responsible for all charges that may be levied by your cellular phone provider or Internet services provider. In addition to these Terms of Use, some products and services, including, but not limited to, subscription services offered by FeedBurner® and FeedBlitz®, are subject to a separate additional license agreement.
Internet availability
Availability of the Iowa DOT’s Internet services is not guaranteed. Applications, servers, and network connections may be unavailable at any time for maintenance or unscheduled outages. Outages may be of long duration. Do not create dependencies on these services for critical needs.
Limitation of Liability & Disclaimer of Warranties & Conditions
The Contents, products and services are provided in good faith on an "as is" basis. THE USER ACCEPTS THE DATA "AS IS" AND ASSUMES ALL RISKS ASSOCIATED WITH ITS USE. The Iowa DOT disclaims all warranties or conditions, express or implied, in respect of the Contents, products and services considered by these Terms of Use, including without limitation, implied warranties and conditions of merchantability and fitness for any particular purpose or non-infringement. This disclaimer applies to the fullest possible extent in jurisdictions that limit the exclusion of implied warranties.
Those relying on the traffic incident information on this Web site do so at their own risk, and neither the State of Iowa, Iowa DOT nor any of their employees or agents shall be liable for either the accuracy of this information, nor any actions taken in reliance thereon.
THE IOWA DOT IS NOT RESPONSIBLE FOR ANY LIABILITY FOR ANY DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL OR OTHER DAMAGES RESULTING FROM THE USE, MISUSE OR MISINTERPRETATION OF ANY CONTENT, PRODUCTS, INFORMATION OR SERVICES PROVIDED BY THIS SITE.
Indemnity
You agree to indemnify, defend and hold harmless The Iowa DOT and its officials, officers, employees, and authorized representatives from and against any liability, loss injury (including injuries resulting in death), demand, action, cost, expense, or claim of any kind, including but not limited to lawyer's fees, relating in any way to your use of the Contents, products or services provided by this Site.
Links
Links to third-party Web sites are provided solely as a convenience to you. These other Web sites were independently developed by parties other than the Iowa DOT, and the Iowa DOT assumes no responsibility for the accuracy or appropriateness of the information contained in such Web sites. The inclusion of any link to another Web site does not imply an endorsement by the Iowa DOT, and should not be construed as an endorsement of that party or its product or services. If you decide to access linked third-party Web sites, you do so entirely at your own risk.
Site Policies, Modification and Severability
The Iowa DOT reserves the right to make changes to its Site, policies, Terms of Use and provide any additional terms at any time. The changes or additional terms are effective immediately upon their posting on the Site. Your use of the Site will be subject to the Terms of Use posted on the Site at the time of use. In the event any of these conditions should be determined to be invalid, void, or for any reason unenforceable, that condition will be deemed to be severable and will not affect the validity and enforceability of any remaining condition.
Passwords and Your Obligations
Users may be asked to sign up as a member on certain pages or services within the Site, and to select a unique username and password to be able to access your account and use any of the Site. As a registered member, you are responsible for maintaining the confidentiality and security of your username and password, and shall be responsible for all uses of your username and password, including, but not limited to, any purchases facilitated through the use thereof, whether or not in fact authorized by you.
Purging of Information on Web Site
Retention of documents, images, pictures, etc., on the Iowa DOT Web site is controlled exclusively by the Iowa DOT. The Iowa DOT has the sole discretion, without notice to the public, to erase and purge any and all information contained on its Web at any time.
Termination
If you violate these Terms of Use or other policies and guidelines posted on this Site, your permission to use the Content automatically and immediately terminates, and you must immediately destroy any copies you have made of the Content. The Iowa DOT reserves all of its rights at law and in equity.
Request for Permission/Further Information
Any use beyond the scope permitted by these Terms of Use requires express written permission from the Iowa DOT. The requirements for obtaining written permission may include, but is not limited to, an additional formal license agreement to which a license fee may apply. Contact the individual listed below to request further information.
Dena Gray-Fisher, Director
Media and Marketing Services
Iowa Department of Transportation
800 Lincoln Way
Ames, IA 50010
515-239-1922 or dena.grayfisher@dot.iowa.gov
Severability
In the event a court shall hold any of the provisions of this Agreement to be unenforceable, such provisions of this Agreement to be enforceable, such provisions shall be limited or eliminated to the minimum extent necessary so that this Agreement shall otherwise remain in full force and effect and enforceable.
