Beat the Traffic Terms of Use This is a legal agreement between you, the end user and Pelmorex Media Inc., a California company operating the BeatTheTraffic service ("Pelmorex"). By accessing this Website you (the "User") are agreeing to be bound by the terms of this agreement. If you do not agree with these terms, do not access this Website.

Definitions of Terms
"BeatTheTraffic" means the real-time traffic reporting system and service operated by Pelmorex Media Inc., a Canadian company. "Website" means the Internet website(s) owned or operated on behalf of Pelmorex, currently located at the URL addresses www.beatthetraffic.com www.sfbaytraffic.com or www.sfbaytraffic.info or other URL addresses redirecting to the "BeatTheTraffic"websites. "User" means a physical person or entity accessing the Website. "Provided Data" means the traffic or other data including maps provided as part of Website or the BeatTheTraffic service.

Additional Terms
1. The Website, all Provided Data, and the BeatTheTraffic service is to be used at User’s own risk, and in accordance with all applicable laws. User agrees not to use or access the Website while driving.

2. All Provided Data is for the sole, non-commercial, and private use of the User and not available for distribution. The User agrees that he or she will not sell or use the traffic alerts data or Website data for any purpose, other that the purpose of being informed about current traffic or weather conditions. User may not rent, disclose, publish, sell, assign, lease, sublicense, market or transfer the Provided Data in any manner not expressly authorized by this agreement. In particular User shall not use the Provided Data to operate a service bureau or for any other use involving the processing of data of or for other persons or entities.

3. User may not derive or attempt to derive the source code, source files, or structure of all or any portion of the Website and systems used to generate the Provided Data, by reverse engineering, disassembly, decompilation or any other means.

4. User agrees to abide by all copyright restrictions placed on the content of the Website and the provided data. User may not alter or remove any copyright notice or proprietary legend contained in or on Website or Provided Data. Systematic retrieval of content from Website to build, directly or indirectly, a collection, compilation, database, or directory without written permission from Pelmorex is prohibited. As between User and Pelmorex, Pelmorex retains all right, title and ownership in the Website, the Provided Data, and the BeatTheTraffic service.

5. The User is cautioned that information availability and data accuracy are all subject to change. Pelmorex obtains its data from several sources, has agreements with several providers whose data feed changes, or for which data access or availability changes. Users are encouraged to contact Pelmorex through the Website feedback form if they have any concerns or question about the Provided Data or the BeatTheTraffic service.

6. Pelmorex makes and User receives, no warranty regarding Website or Provided Data whether express or implied, and all warranties of merchantability and fitness of Provided Data for any particular purpose are expressly disclaimed. Pelmorex makes no warranty that the information will be provided in an uninterrupted manner or that the data will be free of errors, as the Provided Data is the result of a complex process. Provided Data is provided on an "as is" and "with all faults" basis. .

7. In no event shall Pelmorex or its suppliers be liable for any damages, claim, or loss incurred by User (including, without limitation, compensatory, incidental, indirect, special, consequential, or exemplary damages, lost profits, lost sales or business, expenditures, investments, or commitments) in connection with Website or the BeatTheTraffic service.

8. User agrees that User will not visit Website or access Provided Data for the purpose of collecting information or learning processes that will help User engage or pursue activities competitive to Pelmorex.

9. USER AGREES TO WAIVE, AND TO INDEMNIFY Pelmorex AGAINST, ANY AND ALL CLAIMS AND CAUSES OF ACTION RELATING TO OR ARISING FROM USER’S USE OF WEBSITE OR ACCESS TO THE PROVIDED DATA, INCLUDING WITHOUT LIMITATION THOSE ARISING FROM ACCIDENTS OR INJURIES OR DELAYS DURING USE OR ACCESS.

10. BY USING THE WEBSITE OR ACCESSING THE PROVIDED DATA, USER AGREES TO Pelmorex’s COLLECTION, PROCESSING, STORAGE, TRANSFER AND UNCONDITIONAL FREE USE OF USER’S NON-PERSONALLY IDENTIFIABLE (ANONYMOUS) INFORMATION. THE WEBSITE AND THE BEATTHETRAFFIC SERVICE IS PROVIDED BY Pelmorex, IN PART, TO ACQUIRE NON-PERSONALLY IDENTIFIABLE TRAFFIC INFORMATION. USER AGREES THAT Pelmorex MAY USE SUCH INFORMATION FOR ANY PURPOSE.

11. THE WEBSITE, PROVIDED DATA, AND BEATTHETRAFFIC SERVICE IS PROVIDED "AS IS", WITH ALL FAULTS, AS AVAILABLE AND WITHOUT WARRANTIES OF ANY KIND, WHETHER EXPRESS, IMPLIED OR STATUTORY. Pelmorex AND ITS INFORMATION PROVIDERS MAKE NO IMPLIED WARRANTY OF TITLE, MERCHANTABILITY OR FITNESS FOR ANY PARTICULAR PURPOSE, OR ANY WARRANTY OR OTHER ASSURANCES THAT THE WEBSITE (ORITS USE) WILL BE UNINTERRUPTED, ERROR-FREE, DELAY-FREE OR TIMELY. TOTHE MAXIMUM EXTENT PERMITTED BY LAW, Pelmorex AND ITS INFORMATION PROVIDERS SHALL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE, EXEMPLARY OR CONSEQUENTIAL DAMAGE OR LOSS, OR ANY OTHER DAMAGE OR LOSS WHATSOEVER, INCLUDING LOSS OF DATA, WHETHER BASED ON BREACH OF CONTRACT, TORT (INCLUDING NEGLIGENCE), PRODUCT LIABILITY OR OTHERWISE. IF SOME JURISDICTIONS DO NOT PERMIT SUCH LIMITATIONS, SUCH DAMAGES OR LOSSES SHALL BE LIMITED TO THE MAXIMUM EXTENT POSSIBLE.

12. Pelmorex may, at any time, modify any of the content or other parts of the Website, Provided Data, or BeatTheTraffic service, or these terms of use without providing notice of such modifications. Your continued use of the Website or access to the Provided Data shall be deemed your affirmative assent to any and all modifications.

13. These terms of use shall be construed, interpreted and governed by the laws of the State of California without regard to conflicts of law provisions thereof. The exclusive forum for any disputes arising out of or relating to this agreement shall be the state or federal courts located in Santa Clara County, California.

14. In some areas a portion of the traffic information may be provided by INRIX, Inc. or other providers including several Departments ofTransportation.

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