Subscnber Agreement
This Subscriber Agreement applies to your use
of
the Total Traffic Network traffic data. You agree that this Subscriber Agreement is enforceable
like any written negotiated agreement signed by you.
Please read this Subscriber Agreement carefully. By using the TomTom TMC Traffic Receiver you accept all
the terms and conditions
of
this
Subscriber Agreement.
If you do not agree to the terms
of
this Subscriber Agreement, you are not entitled to use the Product and you must return it.
If
the below conditions are breached, you are no longer entitled to use the Traffic Data, supplied by the TomTom TMC Traffic Receiver.
A.
"Total Traffic Network, a division
of
Clear Channel Broadcasting, Inc., holds the rights to the traffic incident data and RDS-TMC
network through which it is delivered. You may not modify, copy, scan
or
use any other method to reproduce, duplicate, republish, transmit
or
distribute
in
any way any portion
of
traffic incident data. You agree to indemnify, defend and hold harmless Clear Channel Broadcasting, Inc.
(and its affiliates) against any and all claims, damages, costs
or
other expenses that arise directly or indirectly out
of
(a) your unauthori7..ed use
of
the traffic incident data or the RDS-TMC network, (b) your violation
of
this di.rective and/or (c) any unauthorized
or
unlawful activities by you in
connection herewith."
B.
"Total Traffic Network traffic data is informational only. User assumes all risk
of
use. Total Traffic makes no representations about
content, traffic and road conditions, route usability,
or
speed."
C.
'TOTAL
TRAFFIC NETWORK TRAFFIC DATA IS PROVIDED "AS IS," AND "WHERE IS". TOTAL TRAFFIC NETWORK
EXPRESSLY DISCLAIMS ALL WARRANTIES OR WITH RESPECT TO THE TRAFFIC DATA (INCLUDING, WITHOUT LIMITATION,
THAT THE TRAFFIC DATA WILL BE ERROR-fREE, WILL OPERATE WITHOUT INTERRUPTION OR
mAT
THE TRAFFIC DATA
WILL BE ACCURATE), EXPRESS, IMPLIED OR STATUTORY, INCLUDING, WITHOUT LIMITATION, THE IMPLIED WARRANTIES
OF
MERCHANTABILITY, NON-INFRINGEMENT, FITNESS FOR A PARTICULAR PURPOSE, OR THOSE ARISING FROM A COURSE
OF
DEALING OR USAGE
OF
TRADE."
D.
'TOTAL
TRAFFIC NETWORK WILL NOT BE LIABLE TO YOU FOR ANY INDIRECT. SPECIAL. CONSEQUENTIAL,
EXEMPLARY, OR INCIDENTAL DAMAGES (INCLUDING, WITHOUT LIMITATION, LOST REVENUES, ANTICIPATED REVENUES.
OR PROFITS RELATING TO THE SAME) ARISING FROM ANY CLAIM RELATING DIRECTLY OR INDIRECTLY TO USE
OF
THE
TRAFFIC DATA, WHETHER A CLAIM FOR SUCH DAMAGES
IS
BASED ON WARRANTY, CONTRACT, TORT (INCLUDING,
WITHOUT LIMITA
nON,
NEGLIGENCE OR STRICT LIABILITY)."
E.
In
some areas a portion
of
the traffic information is provided by Inrix, Inc. and (in certain states) Virginia Department
of
Transportation,
UooT
CommuterLinkâ˘, and/or Los Angeles Metro and Caltrans. All rights reserved.
Part #:
6AOO.202
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