This is a legal agreement between you, the
end user and Pelmorex Media Inc., a Canadian 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
"Website" means the Internet website(s) owned or
operated on behalf of Pelmorex, currently located at the URL
addresses b2b.beatthetraffic.com www.sfbaytraffic.com or
www.sfbaytraffic.info or other URL addresses redirecting to the
"User" means a physical person or entity accessing the
"Provided Data" means the traffic or other data including
maps provided as part of Website or the BeatTheTraffic service.
- 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.
- 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.
- 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.
- 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.
- 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
- 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. .
- 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
- 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.
- 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.
- BY USING THE WEBSITE OR ACCESSING THE
PROVIDED DATA, USER AGREES TO PLEMOREX'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.
- 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.
- Pelmorex may, at any time, modify any of
the content or other parts of the Website, Provided Data, or
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.
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.
- In some areas a portion of the traffic
information may be provided by INRIX, Inc. or other providers
including several Departments ofTransportation.