THE DATA IS 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, AND NON-INFRINGEMENT.
In no event will METRO be liable for any direct or indirect damages, even if METRO 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 Data. The parties intend that this limitation should apply even if it causes any warranty to fail of its essential purpose.
You agree to indemnify, defend, and hold harmless METRO 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 use or distribution of the Data. You agree that METRO retains all right, title, and interest in the Data, and any intellectual property rights embodied therein, that you acquire no such rights from distribution of the Data, and that you will not attempt to restrict, limit or prevent METRO's use of the Data or METRO's service marks in connection therewith.
In the event of any conflict between these Terms and the terms governing general use of METRO transit data, these Terms will be controlling as to matters expressly addressed herein. These Terms constitute the entire agreement between the parties as to their subject matter.