Terms of Use

Beat the Traffic

End User License Agreement

Revised October 23, 2009

By installing and/or using Beat the Traffic and any available updates and upgrades (collectively, the "Beat the Traffic App"), you agree to the terms of this agreement below with Triangle Software, LLC, a California Limited Liability Company ("Triangle"), as well as the supplemental Beat the Traffic Terms of Use located at http://b2b.beatthetraffic.com/terms.aspx (which are hereby incorporated by this reference), all as revised from time to time by Triangle (collectively, these "Terms"). You may NOT install or use any part of the Beat the Traffic App if you do not agree to such Terms.

The Beat the Traffic App shall only be installed and/or used on devices registered in North America. The Beat the Traffic App is to be used at your own risk, and in accordance with all applicable laws.

DO NOT USE WHILE DRIVING.

YOU AGREE TO WAIVE, AND TO INDEMNIFY Triangle AGAINST, ANY AND ALL CLAIMS AND CAUSES OF ACTION RELATING TO OR ARISING FROM YOUR INSTALLATION AND USE OF THE Beat the Traffic App, INCLUDING WITHOUT LIMITATION THOSE ARISING FROM ACCIDENTS OR INJURIES OR DELAYS DURING SUCH INSTALLATION OR USE.

BY USING THE Beat the Traffic App, YOU AGREE TO Triangle's COLLECTION, PROCESSING, STORAGE, TRANSFER AND UNCONDITIONAL FREE USE OF YOUR NON-PERSONALLY IDENTIFIABLE (ANONYMOUS) INFORMATION AS PART OF Triangle's COMPREHENSIVE VEHICLE TRAFFIC INFORMATION PRODUCTS. THE Beat the Traffic App IS DISTRIBUTED BY Triangle IN PART TO ACQUIRE NON-PERSONALLY IDENTIFIABLE TRAFFIC INFORMATION PERTAINING TO YOUR LOCATION, SPEED, AND DIRECTION. Triangle MAY THEN PROCESS AND COMBINE YOUR TRAFFIC INFORMATION WITH THAT OF OTHERS TO CREATE, STORE, USE AND TRANSFER MORE COMPREHENSIVE TRAFFIC INFORMATION FOR OTHER Beat the Traffic App USERS, FOR Triangle's SUPPLIERS, AND FOR Triangle's OTHER THIRD PARTY PAID SERVICES AND PRODUCTS. Triangle ONLY ACQUIRES INFORMATION FROM YOUR USE OF THE Beat the Traffic App WHEN THE Beat the Traffic App IS BEING USED AND WHEN YOUR DEVICE'S GPS LOCATOR DEVICE IS ACTIVE, AND YOU MAY SHUT DOWN THE Beat the Traffic App OR THE GPS LOCATOR DEVICE AT ANY TIME TO STOP Triangle FROM ACQUIRING YOUR INDIVIDUAL (BUT NON-PERSONALLY IDENTIFIABLE) INFORMATION.

THE Beat the Traffic App IS PROVIDED AS IS, WITH ALL FAULTS, AS AVAILABLE AND WITHOUT WARRANTIES OF ANY KIND, WHETHER EXPRESS, IMPLIED OR STATUTORY. Triangle AND ITS INFORMATION PROVIDERS MAKE NO IMPLIED WARRANTY OF TITLE, MERCHANTABILITY OR FITNESS FOR ANY PARTICULAR PURPOSE, OR ANY WARRANTY OR OTHER ASSURANCE THAT THE Beat the Traffic App (OR ITS USE) WILL BE UNINTERRUPTED, ERROR-FREE, DELAY-FREE OR TIMELY. TO THE MAXIMUM EXTENT PERMITTED BY LAW, Triangle 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. Triangle MAY, AT ANY TIME, MODIFY ANY OF THE CONTENT OR OTHER PARTS OF THE Beat the Traffic App, OR THESE TERMS, WITHOUT PROVIDING NOTICE OF SUCH MODIFICATION TO ANY USER.

Provided you comply with these Terms, Triangle grants you a personal, limited, non-exclusive and non-transferable license to install and use the Beat the Traffic App. This license does NOT entitle you to receive any hardcopy documentation, telephone assistance, support, updates or upgrades in relation to the Beat the Traffic App. You may use the Beat the Traffic App only as long as
(i) Triangle continues to service and make the Beat the Traffic App available or
(ii) you remain in compliance with this agreement.

Triangle and its licensors and information providers retain all right, title and ownership in the Beat the Traffic App and the Beat the Traffic App information, including without limitation all rights to information processed, distributed and collected in connection with the Beat the Traffic App or your usage thereof. Except as stated herein, this agreement does not grant you any intellectual property rights or other rights in the Beat the Traffic App or information processed, distributed or collected in connection with the Beat the Traffic App or your usage thereof.

You hereby acknowledge that the Beat the Traffic App is data dependent and data intensive, and understand that data charges may be payable to your mobile carrier under your applicable data plan each time you send or receive data in the form of maps or traffic or otherwise.

This agreement 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

Attribution

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

See http://b2b.beatthetraffic.com/credits.html for a complete list of data providers.

Triangle Software LLC
2855 Kifer Rd, Suite 101
Santa Clara, CA 95051
Email: support@beatthetraffic.com
Beat the Traffic IS A REGISTERED TRADEMARK OF Triangle Software, LLC.
COPYRIGHT © 2009 BY Triangle Software, LLC. ALL RIGHTS RESERVED.