TERMS OF SERVICE

BY USING THE TRAFFIC EXPLORER WEB SITE (¡°WEBSITE¡± OR ¡°SERVICE¡±), YOU AGREE TO BE LEGALLY BOUND BY THESE LICENSE TERMS AND CONDITIONS.

1. License Grant

Subject to the terms and conditions of this Agreement, TrafficExplorer.com grants to you a non-exclusive, non-transferable, revocable, limited license, to use the Service for your personal, non-commercial purposes. You understand that we, in our sole discretion, may modify or discontinue or suspend your right to access the Service at any time, and we may at any time suspend or terminate any license hereunder and disable the Service.

2. Ownership

You acknowledge that the Service is the property of TrafficExplorer.com or its licensors, and is protected by U.K. and international copyright, trademarks, patents and other proprietary rights and laws relating to ¡°Intellectual Property Rights¡±. ¡°Intellectual Property Rights¡± means, collectively, rights under patent, trademark, copyright and trade secret laws, and any other intellectual property or proprietary rights recognized in any country or jurisdiction worldwide, including without limitation, moral or similar rights. All rights not expressly granted hereunder are expressly reserved to TrafficExplorer.com and its licensors.

3. Content and Infringement

You understand that all third party content, including, without limitation all data, links, articles, search results, graphic or video messages and all information, text, software, music, sound, graphics or other materials (¡°Content¡±) made available or accessible through the Service, whether publicly available or privately transmitted, is the sole responsibility of the entity from whom it originated. TrafficExplorer.com does not endorse or control such Content. You understand and agree that by using the Service, you may be exposed to Content that may be offensive, indecent or objectionable in your community. You agree to accept all risks associated with the use of any Content, including any reliance on the accuracy or completeness of such Content. Under no circumstances will TrafficExplorer.com or its licensors be liable in any way for any Content, including, but not limited to, for any errors or omissions in any Content, or for loss or damage of any kind incurred as a result of the use of any Content posted or transmitted via the Application. By accepting this Agreement, you indicate that you understand, acknowledge and agree that by using the Service, you may be subject to various risks, including the exposure of data you have downloaded or have offered to share, and that you accept all such risk as solely your risk and responsibility.

In addition, all Content made available or accessed through the Service is the property of the applicable Content owner and may be protected by applicable laws, including without limitation, those relating to Intellectual Property Rights.

4. Your Obligations

The services described herein are subject to, and you agree that you shall at all times comply with, all applicable laws. You agree not to use the Service or any other services provided by TrafficExplorer.com to conduct any business or activity or solicit the performance of any activity, which is prohibited by law, or any contractual provision by which you are bound.

5. Privacy.

You consent to the use and collection of your information in accordance with TrafficExplorer.com¡¯s privacy policy. 

6. DISCLAIMER OF WARRANTY

YOU ACCESS AND USE OF THE SERVICE AND ANY CONTENT AVAILABLE THROUGH OUR SERVICES OR ON OUR WEBSITES AT YOUR SOLE RISK.

WE PROVIDE THE SERVICE AND THE CONTENT ON AN "AS IS," AND "AS AVAILABLE" BASIS WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS, IMPLIED OR STATUTORY, INCLUDING WITHOUT LIMITATION, ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, CUSTOM, TRADE, QUIET ENJOYMENT, ACCURACY OF INFORMATIONAL CONTENT, SYSTEM INTEGRATION OR NON-INFRINGEMENT.

WE MAKE NO REPRESENTATIONS OR WARRANTIES CONCERNING THE SERVICES PROVIDED BY THIRD PARTIES ACCESSIBLE ON OR THROUGH OUR APPLICATIONS OR OUR SERVICES.

NEITHER WE NOR OUR DIRECTORS, OFFICERS, EMPLOYEES, PARENTS, SUBSIDIARIES, AFFILIATES, AGENTS, CONTRACTORS, THIRD PARTY VENDORS, FACILITIES, INFORMATION PROVIDERS, LICENSORS, NOR ANY EXCHANGES, CLEARING ORGANIZATIONS OR OTHER SUPPLIERS PROVIDING DATA, INFORMATION, OR SERVICES (EACH A "PROVIDER") MAKE ANY REPRESENTATION OR WARRANTY: (A) AS TO THE TIMELINESS, SEQUENCE, ACCURACY, COMPLETENESS, RELIABILITY OR CONTENT OR THE SERVICE OR ANY INFORMATION, SERVICE OR TRANSACTION PROVIDED THEREBY, OR (B) THAT THE SERVICE WILL BE AVAILABLE OR WILL OPERATE IN AN UNINTERRUPTED OR ERROR-FREE MANNER, OR (C) THAT ERRORS OR DEFECTS RELATED TO THE SERVICE WILL BE CORRECTED.. WE ALSO DO NOT WARRANT THAT THE SERVICE OR THE INFORMATION AVAILABLE THROUGH THE SERVICE IS APPROPRIATE, ACCURATE OR AVAILABLE FOR USE IN ANY PARTICULAR JURISDICTION. THIS DISCLAIMER OF WARRANTY CONSTITUTES AN ESSENTIAL PART OF THIS AGREEMENT. 

The above exclusions may not apply in jurisdictions that do not allow the exclusion of certain implied warranties.

7. Termination

We may terminate this Agreement or cease providing any service at any time and for any reason in our sole discretion.

8. Limitation of Liability

YOU EXPRESSLY ACKNOWLEDGE AND AGREE THAT IN NO EVENT WILL TRAFFICEXPLORER.COM, ITS PARENTS, SUBSIDIARIES, OR AFFILIATES OR THEIR EMPLOYEES, DISTRIBUTORS, LICENSORS, SUPPLIERS, PARTNERS, ADVERTISERS, DIRECTORS OR AGENTS (EACH A "PROTECTED PARTY, COLLECTIVELY "PROTECTED PARTIES") BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE, CONSEQUENTIAL OR EXEMPLARY DAMAGES OR OTHER RELIEF ARISING OUT OF, OR RELATED TO, THIS AGREEMENT OR TO YOUR USE OR INABILITY TO USE ANY OR ALL OF THE SERVICE INCLUDING, WITHOUT LIMITATION, LOST PROFITS, LOST BUSINESS OR LOST OPPORTUNITY, GOODWILL, OR OTHER INTANGIBLE LOSSES (EVEN IF TRAFFICEXPLORER.COM HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES). BECAUSE SOME STATES OR JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR THE LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, IN SUCH STATES OR JURISDICTIONS, OUR LIABILITY SHALL BE LIMITED TO THE EXTENT PERMITTED BY LAW.

9. Applicable Law

These Terms and Conditions are governed by the laws of England and Wales and are subject to the exclusive jurisdiction of the High Court of England and Wales except that if urgent interim injunctive or declaratory relief is sought. TrafficExplorer.com may commence court proceedings against you in any appropriate jurisdiction.

You agree that regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to use of the Service or the TrafficExplorer.com Privacy Policy must be filed within one (1) year after such claim or cause of action arose or be forever barred.

10. Successor Agreements

The terms of this Agreement may change from time to time. You should check back at the website regularly to determine if any material changes have been made. We will prominently post material changes on the Web Site and will also attempt to provide you with an on-line notice informing you when such material changes have been made to this Agreement, which notice shall contain an active link that you can use to view a web page containing or linking to the revised Agreement.

You agree that your continued use of the Service after the effective date of any change will constitute your affirmative consent to this revised Agreement. If you do not accept such revisions, do not access the Service.

11. General

This Agreement, as modified from time to time as described above, and including the TrafficExplorer.com Privacy Policy, Terms of Service and any other policies incorporated by reference, sets forth the entire understanding and agreement between the parties. Without limiting any other remedy available to us, we may suspend or terminate this Agreement and your access to the Service if we have reason to believe that you have failed to comply with your obligations under this Agreement. Upon termination, cancellation, suspension or expiration of this Agreement for any reason and by either party, you agree to cease all use of the Service. No delay or failure to enforce any provision of this Agreement will constitute a waiver of such provision by TrafficExplorer.com or acts as estoppel against later enforcement. This Agreement constitutes the entire agreement between you and TrafficExplorer.com with respect to the specific subject matter addressed herein, and governs your use of the Service, superseding any prior agreements between you and TrafficExplorer.com or its affiliates or related entities relating to such subject matter, but this Agreement may be supplemented by any other agreement you enter into with TrafficExplorer.com or its affiliates or related entities pursuant to a registration to access additional software or services provided by TrafficExplorer.com. You may not assign any of your rights or delegate any of your obligations under this Agreement without the prior written consent of TrafficExplorer.com. TrafficExplorer.com shall not be deemed to be in breach of this Agreement due to any delay or failure of performance or interruption in the availability of the Service resulting directly or indirectly from any act of nature or other cause beyond the reasonable control of TrafficExplorer.com. If any provision of this Agreement is found by a court of competent jurisdiction to be invalid, the parties nevertheless agree that the court should endeavor to give effect to the parties' intentions as reflected in the provision, and that the other provisions of this Agreement remain in full force and effect. Sections 2-3 and 5-11 of this Agreement will survive any expiration, cancellation or termination of this Agreement. The section headings used in this Agreement are for convenience only and have no legal or contractual effect.

EFFECTIVE DATE: May 1, 2003.