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.
Your Stuff & Your Permissions
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
Sharing Your Stuff
License to the Services
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.
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for the benefit of users of the Service, and therefore information we provide you may be inaccurate, incomplete, or outdated.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.
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.
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.
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:
1800 Deming Way, Suite 100
Middleton, WI 53562, USA
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.
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.
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.
These Terms will be governed by Wisconsin law except for its conflicts of laws principles.
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.
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.
Have questions or concerns about TrafficCARMA, our Terms of Service? Contact us at firstname.lastname@example.org.