Background and Purpose

BeatTheTraffic.com is proud to provide you with personalized traffic webpages, traffic-based routing, travel times, alternate routes, and real-time traffic alerts sent to your e-mail, cell phone or pager.

Definitions of Terms

"BeatTheTraffic.com" means the real-time traffic reporting system and service operated by Triangle Software, a California Company, d.b.a. BeatTheTraffic.com

"User" means a person who uses BeatTheTraffic.com

"Service" means the traffic alerts service provided by BeatTheTraffic.com

"Website" means the BeatTheTraffic.com Internet website currently located at the URL addresses www.beatthetraffic.com or beatthetraffic.com or sfbaytraffic.com or sfbaytraffic.info

"Provided Data" means the traffic data provided as part of Service or inside Website.

Terms of Service

1. All Provided Data is for the sole 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 conditions.

2. User must provide their own access to the Internet, and/or a device allowing to receive text messages and pay any associated fees.

3. User agrees to abide by all copyright restrictions placed on the content of the BeatTheTraffic.com Website and the text of the wireless alerts.

4. The User is cautioned that information availability and data accuracy are all subject to change. BeatTheTraffic.com 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 BeatTheTraffic.com through regular support channels or through the Website feedback form should they have any concerns or question about the Provided Data.

5. BeatTheTraffic.com makes and User receives, no warranty regarding Service or Provided Data whether express or implied, and all warranties of merchantability and fitness of Provided Data for any particular purpose are expressly disclained. BeatTheTraffic.com makes no warranty that the information will be provided in an uninterrupted manner or that the data will be free of errors. Provided Data is provided on an "as is" and "with all faults" basis.

User is advised that BeatTheTraffic.com sends text messages to alert User as soon as information reaches BeatTheTraffic.com and to the best of BeatTheTraffic.com's ability. In fact, users have noted that BeatTheTraffic.com reports traffic problems several minutes before major radio stations. However, once the message leaves BeatTheTraffic.com's servers, BeatTheTraffic.com does NOT have control over the entire delivery process. The actual delivery of the text message falls within the service plan that User has with a wireless provider such as Sprint PCS, Cingular, ATT Wireless, Nextel, T Mobile or other wireless providers.

In no event shall BeatTheTraffic.com 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 Service, Website or BeatTheTraffic.com.

6. User agrees to hold BeatTheTraffic.com harmless from and against any and all liability and expense, including reasonable defense costs and legal fees, caused by any negligent or wrongful act or omission of User.

In particular BeatTheTraffic.com kindly reminds User that SEVERAL STUDIES HAVE CORRELATED ACCIDENTS WITH THE OPERATION OF CELL-PHONES AND OTHER DEVICES WHILE DRIVING. DRIVERS MUST EXERCISE PROPER CAUTION WHEN RECEIVING OR READING TEXT-MESSAGES, AND DOING SO ONLY IN SAFE CONDITIONS. IN NO EVENT SHALL BeatTheTraffic.com BE LIABLE FOR ANY AND ALL LIABILITY AND EXPENSE IN CONNECTION WITH THE RECEPTION OF TEXT MESSAGES OR OTHER INFORMATION PROVIDED BY BeatTheTraffic.com.

7. Governing Law. This is a California agreement and shall be construed under and be governed in all respects by the laws of the State of California, USA.

8. Feedback. In the eventuality User volunteers or otherwise provides feedback, advice or other information on Service, Website, Provided Data, or any other aspect of BeatTheTraffic.com, BeatTheTraffic.com reserves the right to freely quote or use such feedback, advice or information and incorporate it in services, products, and advertisement. Such feedback, advice or information will become the intellectual property of BeatTheTraffic.com.