Colorado Roads - The Official App Interface Terms & Conditions of Service and Use

Colorado Roads, The Official App interface (the "API") is owned and operated by The Hub Companies, dba urHub.    Listed below are the terms and conditions of use (the "Terms") for this API.  By using, accessing and/or viewing information on the API, you agree to be bound by these Terms.  If you violate these Terms, urHub has the right to terminate your use of the API and/or take appropriate legal actions against you.  We reserve the right to change these Terms at any time.

  1. ACCEPTANCE OF TERMS.  By downloading Colorado Roads, The Official App you automatically agree that you have read and agree to these Terms.
    You represent that you have the full power, capacity and authority to accept these Terms.  If you are accepting on behalf of a business entity, you represent that you have the full legal authority to bind the business entity to these Terms.
  2. PERMITTED USE.  You may access, view and make copies of the data in the API for your personal use.  Due to the special features of API, by accessing and viewing information from API you agree to be bound by these special terms:   (a) you will not modify the data from API in any way; (b) you will not modify the link structure to API;  (c) you will not modify urHub's logo or the logo's of any of the advertisers or sponsors that is included in the data; 
  3. RESTRICTIONS.  You may not:  (a) display the API; (b) use the API in any manner that implies a relationship or affiliation with, sponsorship, or endorsement by urHub or any of the advertisers or sponsors that can be reasonably interpreted to suggest content represents the views or opinions of CDOT, urHub or any of the advertisers or sponsors; (c) use the API to disparage urHub, it's advertisers or sponsors or urHub or any of their products; (d) delete or alter any trade names, trademarks, service marks, logos, domain names or other distinctive brand features of urHub, its advertisers and sponsors or urHub that are included in the API in applications or programs that you create; (e) reverse engineer, decompile or otherwise attempt to extract the source code of the API or any part thereof, unless this is expressly permitted or required by applicable law.
  4. USAGE INFORMATION.  urHub may for the purposes of improving and enhancing the features and performance of the API monitor your usage of the API.  Information collected will not be shared with any other parties except urHub and, shall only be used for the purposes of improving the performance of the API.  urHub will not use or sell any of your personal data.  However, device location may at times by anonymously collected and packaged with other information into a traffic congestion algorithm used to improve overall traffic flow on major corridors within Colorado.  At no point during your use of the API will we transmit your location data outside of the traffic congestion algorithm.  The data we collect is analyzed in aggregate and is done so only for the purposes of improving and enhancing the features and performance of the application.
  5. OWNERSHIP/TRADEMARKS.  You do not acquire or have any ownership, license or other proprietary interest in the API.  You understand that the API is protected by copyrights, trademarks, service marks, patents and other proprietary rights and laws.
  6. PRIVACY POLICY.  The information urHub learns from its users helps us continually improve the user experience.
    urHub will make available to the public any personal information that urHub may acquire from a user such as name, telephone number, address or email address except in matters of criminal or governmental investigations or pursuant to a court order.  urHub may release account and other personal information should we acquire when either party believes release is appropriate to comply with the law and to protect the rights, property, of safety of urHub or Colorado Road’s advertisers and sponsors or others.  This includes exchanging information with other companies and organizations for fraud protection and credit risk reduction.  This does not include selling, renting, sharing, or otherwise disclosing personally identifiable information from customers for commercial purposes in violation of the commitments set forth in this Privacy Policy.  Aggregate statistics may be compiled to determine how many unique users and average page views the API has.  Aggregate statistical information gathered via survey may be shared with the public.  urHub will not make anyone's individual answers to these surveys publicly known.  Advertising and sponsorship is targeted based on location, content and interests.  urHub may use third-party advertising companies to serve ads when you visit CDOT's Cotrip.org Website.  These companies may use information (not including your name, address, email address, or telephone number) about your visits to this website in order to provide advertisements about goods and services of interest to you.
  7. LIMITATION OF LIABILITY.  urHub makes no representations or warranties of any kind express or implied as to the operation of this platform of the information, content, or materials included or otherwise made available to you through this API.  You expressly agree to that your use of this API is at your own risk.  urHub disclaims all warranties, express or implied, including, but not limited to, implied warranties of merchantability and fitness for a particular purpose.  Neither urHub, nor any of its advertisers and / or sponsors will be liable for any damages or any kind arising from the use of this API from any information, content, or materials, included on or otherwise made available to you through this API, including but not limited to direct, indirect, incidental, punitive, and consequential damages.
  8. UNAUTHORIZED USE/NO INTERFERENCE.  You agree that you will not use or attempt to use any method, device, software or routine to harm others or interfere with functioning of the API or use and/or monitor any information in or related to the API for any unauthorized purpose.
    By using the API, you agree to be solely liable for any damage resulting from any infringement of copyrights, proprietary rights, or any other harm (including but not limited to harm caused by spyware, malware, worms, Trojan horses and viruses) resulting from such application or program.
  9. INDEMNIFICATION.  You agree to indemnify and to hold urHub and its advertisers and sponsors and their subsidiaries, affiliates, business partners, officers, employers and other agents, harmless from and against any loss, liability, damage or expense (including reasonable attorneys fees) arising out of your use of the API, including, without limitation, any violations by you of these Terms.
  10. TERMINATION.  Without limiting its other remedies, urHub may immediately discontinue, suspend, terminate or block your and any user's use of the API at any time in its sole discretion.  You may terminate this agreement by ceasing to use the API or any product incorporating it.
    urHub may in its sole discretion choose to upgrade the current version of the API at any time without notice to you, which may make the version of the API that you are using obsolete.
    When this legal agreement comes to an end, those Terms that by their nature are intended to continue indefinitely will continue to apply.
  11. ACCURACY OF INFORMATION.  ALL INFORMATION IN THE API IS PROVIDED TO YOU ON AN "AS-IS" BASIS.  YOU ACKNOWLEDGE THAT REPORTS, TRAFFIC INFORMATION AND OTHER DATA REGARDING ROAD CONDITIONS AND TRAVEL TIMES ARE UNCERTAIN.  URHUB DISCLAIMS ALL WARRANTIES REGARDING THE ACCURACY, COMPLETENESS, CURRENCY OR RELIABILITY OF ANY INFORMATION IN THE API, INCLUDING, WITHOUT LIMITATION, ANY IMPLIED WARRANTIES OF MERCHANTABILITY, AND FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT OR OTHERWISE ARISING BY LAW OR STATUTE.
  12. TRANSMISSION FAILURES.  urHub will use commercially reasonable efforts to publish and transmit the API on a continuous and timely basis.  urHub is not, however, responsible for any failure or malfunction in communications; for any failure or refusal of any third party transmission intermediaries to transmit any API; or for the failure to transmit any API resulting from any natural disasters, wars, labor strike or other events beyond the control of urHub.
  13. GOVERNING LAW/JURISDICTION.  These terms and conditions and your access to and use of information from the API are governed by the laws of the State of Colorado.  In the event of any dispute regarding the interpretation or compliance with these terms and conditions, you consent to the exclusive jurisdiction and venue in the state district court located in Denver County, Colorado.
  14. ENTIRE AGREEMENT.  These terms and conditions of use for this API constitute the entire agreement between you and urHub regarding your access to the API and your reproduction and use of any information in the API.  Any waiver of any term or condition shall not be effective unless in a written document signed by an authorized representative of urHub.