TrafficCARMA Terms of Service

Posted Thursday 19th of December 2019

TrafficCast Mobile App for Commuters

Terms of Service

Effective December 19, 2019

TrafficCast International, Inc. (“TrafficCast”) operates and manages a mobile application (“The App”) and associated website which provides traffic and travel information focused on the needs of daily commuters. While The App may be promoted by, associated with, or co-branded through independent media affiliates and partners, TrafficCast controls the app itself. In this statement of Terms of Service for The App, the expressions “we,” “us,” and “our” refer to TrafficCast; “you” refers to you, as a user of the mobile application, The App, for which the following Terms of Service apply.

First of all: Thanks for using The App! These terms of service ("Terms") cover your use and access to the services, mobile applications and websites ("Services") associated with The App. Our Privacy Policy (available at https://my.trafficcarma.com/privacy-policy) explains how we collect and use your information while our Acceptable Use Policy (available at https://my.trafficcarma.com/acceptable-use) outlines your responsibilities when using our Services. By using our Services, you're agreeing to be bound by these Terms, and to review our Privacy and Acceptable Use policies. If you're using our Services for an organization, you're agreeing to these Terms on behalf of that organization.

Your Stuff & Your Permissions

When you use our Services, you provide us with things like your device information, location (GPS information), routes, favorite places, content, contacts and so on ("Your Stuff") in accordance with our Privacy Policy. We can’t provide our Service without a bit of Your Stuff, but don’t worry, Your Stuff is yours. These Terms don't give us any rights to Your Stuff except for the limited rights that enable us to offer the Services.

We need your permission to do things like hosting Your Stuff, backing it up, and sharing it when you ask us to. Our Services also provide you with features like audio traffic reports, traffic information / incidents, conditions, etc. These and other features may require our systems to access Your Stuff. You allow us (via a perpetual, irrevocable, worldwide, non-exclusive, royalty free, sublicensable, and transferable license) to do those things, and you also grant the license to our trusted third parties we work with so we can better serve you. This license allows us to copy, use, distribute, prepare derivative works, display in public and publicly perform Your Stuff in accordance with our Privacy Policy.

We may also provide third party advertisements on the Service from time to time. We don’t endorse them, but they keep the service free. By the way, regarding display advertising, don’t read them while driving. They are only intended to be viewed by drivers after the driver has come to a complete stop in an appropriate location and as permitted by law.

California Consumer Privacy

For those of you who are residents of California, please check out our California Consumer Privacy section of our Privacy Policy. This policy is available at https://my.trafficcarma.com/privacy-policy

Sharing Your Stuff

Our Services let you share Your Stuff with others in accordance with our Privacy Policy, so please think carefully about what you share.

License to the Services

Go ahead and use our stuff! We grant you a non-exclusive, royalty-free, fully paid up, non-transferable, non-sublicensable, revocable license to use the Services for non-commercial purposes for a limited time and subject to these Terms, the Acceptable Use Policy and our Privacy Policy. Unless we have some other agreement with you, don’t use the Service for outsourcing to others or as part of a service bureau business or otherwise for the benefit of unaffiliated third parties, but hey, if your buddy is driving instead of you, while you sit back and relax, that’s fine.

Please don’t copy, print, or otherwise use the data from the Service except as intended by the Software and for the purposes permitted under these Terms. Also, please don’t scrape, mine the data, harvest, screen scrape or index or aggregate the data. Again, unless we have some other agreement, please don’t use any automated means (such as a robot, spider, or scraper) to access the Services. And another thing, don’t interfere with anybody else’s right to privacy or ability to use the services. And of course, you will not defame, abuse, harass, stalk, threaten, or otherwise violate the legal rights of anyone else.

Please don’t transmit or otherwise make available in connection with the Service any worm, virus, Trojan Horse, time bomb, web bug, spyware, or any other computer code, file, or program that may or is intended to damage or hijack the operation of the Services, any components necessary to deliver the Services or impact other users.

Your Responsibilities

You’re the driver, not us. The information provided by our Service is not intended to replace the information you observe while driving on the road. So keep your eyes on the road. While we do our best, we depend on the generosity of our community, and public data sources, to provide information for the benefit of users of the Service, and therefore information we provide you may be inaccurate, incomplete, or outdated. Obviously, we can’t make any warranties to any such information’s credibility or reliability. In the event that conditions you observe on the road, such as traffic lights, traffic signs, police officers, dangerous road conditions or other restrictions that contradicts with the information provided by the Service, you agree to respond accordingly to actual road conditions and to always comply with all traffic laws.

While we appreciate traffic updates from you (such as notification on road accidents and traffic congestion), please don’t send us traffic updates while you are driving. It can wait. You can send us your updates after you have stopped your vehicle in an appropriate location and as permitted by law, or you can have a passenger send us your updates.

You're responsible for your conduct, your stuff and your compliance with our Acceptable Use Policy. Content in the Services may be protected by others' intellectual property rights. An internet connection is required to use the Services, and it is your responsibility to pay for any charges from your carrier associated with accessing the internet.

We may review your conduct and content for compliance with these Terms and our Acceptable Use Policy. With that said, we have no obligation to do so. We aren't responsible for the content people post and share via the Services.

Please safeguard your password to the Services, make sure that others don't have access to it, and keep your account information current.

Finally, our Services are not intended for and may not be used by people under the age of 13. By using our Services, you are representing to us that you're over 13. After receiving notice or otherwise becoming aware of an account for a user under the age of 13, we will delete that user’s account.

Software

Our Services allow you to download mobile applications ("Software") which may update automatically in accordance with the settings on your mobile device. So long as you comply with these Terms, we give you a limited, nonexclusive, nontransferable, revocable license to use the Software, solely to access the Services. Unless the following restrictions are prohibited by law, you agree not to reverse engineer or decompile the Services, attempt to do so, or assist anyone in doing so.

Our Stuff

The Software and Services are protected by copyright, trademark, and other applicable US and international laws. These Terms don't grant you any right, title or interest in the Services, our content or that of others, or trademarks, logos and other brand features of The App.

Copyright

We respect the intellectual property of others and ask that you do too. We respond to notices of alleged copyright infringement if they comply with the law, and such notices should be reported using our DMCA (Digital Millennium Copyright Act) Process. We reserve the right to delete or disable content alleged to be infringing and terminate accounts of repeat infringers. Our designated agent for notice of alleged copyright infringement on the Services is:

Copyright Agent

TrafficCARMA, Inc.

1800 Deming Way, Suite 100

Middleton, WI 53562, USA

copyright@TrafficCARMA.com

Termination

You're free to stop using our Services at any time. We also reserve the right to suspend or end the Services at any time at our discretion and without notice. For example, we may suspend or terminate your use of the Services if you're not complying with these Terms, or use the Services in a manner that would cause us legal liability, disrupt the Services or disrupt others' use of the Services. We reserve the right to terminate and delete your account if you haven't accessed our Services for 6 consecutive months. We'll of course provide you with notice via the email address associated with your account before we do so.

Services "AS IS"

We strive to provide great Services, but there are certain things that we can't guarantee, such as we cannot guarantee that the Service or the use of the Software will be uninterrupted, error free, or that it will always be available and free from harmful components. TO THE FULLEST EXTENT PERMITTED BY LAW, TRAFFICCAST AND ITS AFFILIATES, SUPPLIERS AND DISTRIBUTORS MAKE NO WARRANTIES, EITHER EXPRESS OR IMPLIED, ABOUT THE SERVICES OR THE SOFTWARE. THE SOFTWARE AND SERVICES ARE PROVIDED "AS IS." WE ALSO DISCLAIM ANY WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. Some states don't allow the disclaimers in this paragraph, so they may not apply to you.

Limitation of Liability

TO THE FULLEST EXTENT PERMITTED BY LAW, IN NO EVENT WILL TRAFFICCAST, ITS AFFILIATES, SUPPLIERS OR DISTRIBUTORS BE LIABLE FOR ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, PUNITIVE, EXEMPLARY OR CONSEQUENTIAL DAMAGES OR ANY LOSS OF USE, DATA, BUSINESS, OR PROFITS, REGARDLESS OF LEGAL THEORY, OR IN ANY OTHER FORM OF LIABILITY WHETHER OR NOT TRAFFICCAST HAS BEEN WARNED OF THE POSSIBILITY OF SUCH DAMAGES, AND EVEN IF A REMEDY FAILS OF ITS ESSENTIAL PURPOSE, ARISING FROM, OR IN CONNECTION WITH THE USE OF, OR THE INABILITY TO USE THE SERVICE. IN ANY EVENT, YOUR SOLE REMEDY WILL BE LIMITED TO CORRECTING ANY ERRORS OR MALFUNCTIONS, STOP USING THE SERVICES, AND WHAT’S APPROPRIATE IN LIGHT OF THE RELEVANT CIRCUMSTANCES.

Some states don't allow the types of limitations in this paragraph, so they may not apply to you.

Indemnification

You agree to indemnify and hold harmless TrafficCast and its employees, officers, directors, and agents, as well as all third party advertisers from and against all claims, damages, expenses, losses, and liabilities (including, but not limited to, legal fees, experts’ fees, and court costs) that arise as a result of your violation of these terms.

Resolving Disputes

Let's Try To Sort Things Out First. We want to address your concerns without needing a formal legal case. Before filing a claim against TrafficCARMA, you agree to try to resolve the dispute informally by contacting legal@TrafficCARMA.com. We'll try to resolve the dispute informally by contacting you via email. If a dispute is not resolved within 15 days of submission, you or TrafficCast may bring a formal proceeding.

No Class Actions. You may only resolve disputes with us on an individual basis, and may not bring a claim as a plaintiff or a class member in a class, consolidated, or representative action. Class arbitrations, class actions, private attorney general actions, and consolidation with other arbitrations aren't allowed.

Judicial forum for disputes. In the event that the agreement to arbitrate is found not to apply to you or your claim, you and TrafficCast agree that any judicial proceeding (other than small claims actions) will be brought in the federal or state courts of Madison, WI (??). Both you and TrafficCast consent to venue and personal jurisdiction there.

Controlling Law

These Terms will be governed by Wisconsin law except for its conflicts of laws principles.

Entire Agreement

These Terms, the Privacy Policy, and the Acceptable Use Policy together constitute the entire agreement between you and TrafficCast with respect to the subject matter of these Terms, and supersede and replace any other prior or contemporaneous agreements, or terms and conditions applicable to the subject matter of these Terms. These Terms create no third party beneficiary rights.

Waiver, Severability & Assignment

TrafficCast’s failure to enforce a provision is not a waiver of its right to do so later. If a provision is found unenforceable, the remaining provisions of the Terms will remain in full effect and an enforceable term will be substituted reflecting our intent as closely as possible. You may not assign any of your rights under these Terms, and any such attempt will be void. TrafficCast may assign its rights to any of its affiliates or subsidiaries, or to any successor in interest of any business associated with the Services.

Modifications

We may revise these Terms from time to time, and will always post the most current version on our website. If a revision meaningfully reduces your rights, we will notify you (by, for example, sending a message to the email address associated with your account, posting on our blog or on this page). By continuing to use or access the Services after the revisions come into effect, you agree to be bound by the revised Terms.

Contact

Have questions or concerns about TrafficCARMA, our Terms of Service? Contact us at privacy@trafficcast.com.

Contact

Have questions or concerns about TrafficCARMA, our Terms of Service? Contact us at privacy@trafficcarma.com.