Term of Service

Thank you for trying out ZipLane, Inc. Traffic Services! This page contains the terms and conditions (the "Terms and Conditions") for ZipLane Services. In order to use this software, including any third party software made available to you in conjunction with this software and/or the related service, (collectively referred to below as "ZipLane Services ") you agree to be bound by these Terms and Conditions.

Additional Terms

ZipLane Services is designed to be used in conjunction with ZipLane's Maps provider and other services. Accordingly, you agree and acknowledge that your use of ZipLane Services is also subject to (a) the specific terms of service for map providers (which can be viewed at provider's web site) including the content notices applicable thereto. To the extent that there is any inconsistency or conflict between such additional terms and these Terms and Conditions, the provisions of these Terms and Conditions take precedence.

Network Charges

When you download ZipLane software, we will cover the charge for sending the text message that you need to download the application. However, it is possible that certain carriers or providers might also charge you for receiving the SMS and/or the download. Also, depending on your plan and your carrier or provider, you may be charged for use of your mobile phone when you access traffic information or other data services through ZipLane services.

Non-Commercial Use Only

ZipLane Services is made available to you for your non-commercial use only. This means that you may use it for your personal purposes only: you may use it at work or at home, to obtain traffic information for any place or routes, subject to the terms set out in these Terms and Conditions. You need to obtain ZipLane's permission first, which you can do by contacting info@ziplane.com), if you want to sell ZipLane information, services, or software associated with or derived from it, or if you want to modify, copy, license, or create derivative works from ZipLane API.

Unless you have our prior written consent, you agree not to modify, adapt, translate, prepare derivative works from, decompile, reverse engineer, disassemble or otherwise attempt to derive source code from ZipLane services, information, and software.

Furthermore, you may not use ZipLane in any manner that could damage, disable, overburden, or impair ZipLane's services, nor may you use ZipLane services or software in any manner that could interfere with any other party's use and enjoyment of ZipLane services.

If you have comments or suggestions to improve our services, please email info@ziplane.com. Please note that by doing so, you also grant ZipLane and third parties permission to use and incorporate your ideas or comments without further notice or compensation.

Intellectual Property

As between you and ZipLane, Inc., you agree and acknowledge that ZipLane owns all rights, without limitation, all associated Intellectual Property Rights.

Disclaimer of Warranties

ZipLane and any third party who makes its software and services available disclaim any responsibility for any harm resulting from your use of ZipLane software and services and any third party software or data accessed in conjunction with or through ZipLane Services.

ZIPLANE SERVICES IS PROVIDED "AS IS," WITH NO WARRANTIES WHATSOEVER. ZIPLANE AND SUCH THIRD PARTIES EXPRESSLY DISCLAIM TO THE FULLEST EXTENT PERMITTED BY LAW ALL EXPRESS, IMPLIED, AND STATUTORY WARRANTIES, INCLUDING, WITHOUT LIMITATION, THE ACCURACY OF TRAFFIC DATA, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT OF PROPRIETARY RIGHTS. ZIPLANE AND ANY SUCH THIRD PARTIES DISCLAIM ANY WARRANTIES REGARDING THE SECURITY, RELIABILITY, ACCURACY, TIMELINESS, AND PERFORMANCE OF ZIPLANE SERVICES AND SUCH THIRD PARTY SOFTWARE AND DATA.

YOU UNDERSTAND AND AGREE THAT YOU DOWNLOAD AND/OR USE ZIPLANE AT YOUR OWN DISCRETION AND RISK AND THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGES TO YOUR COMPUTER OR MOBILE DEVICE SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OR USE OF ZIPLANE SOFTWARE.

Limitation of Liability

UNDER NO CIRCUMSTANCES SHALL ZipLane, Inc. OR ANY THIRD PARTY WHO MAKE THEIR SOFTWARE AND DATA AVAILABLE IN CONJUNCTION WITH OR THROUGH THE ZIPLANE SERVICES BE LIABLE TO ANY USER ON ACCOUNT OF THAT USER'S USE OR MISUSE OF SERVICES. SUCH LIMITATION OF LIABILITY SHALL APPLY TO PREVENT RECOVERY OF DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, EXEMPLARY, AND PUNITIVE DAMAGES WHETHER SUCH CLAIM IS BASED ON WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE), OR OTHERWISE. SUCH LIMITATION OF LIABILITY SHALL APPLY WHETHER THE DAMAGES ARISE FROM USE OR MISUSE OF AND RELIANCE ON SOFTWARE AND SERVICES, FROM INABILITY TO USE SOFTWARE AND SERVICES, OR FROM THE INTERRUPTION, SUSPENSION, OR TERMINATION OF SERVICES. SUCH LIMITATION SHALL APPLY NOTWITHSTANDING A FAILURE OF ESSENTIAL PURPOSE OF ANY LIMITED REMEDY AND TO THE FULLEST EXTENT PERMITTED BY LAW.

Miscellaneous Provisions

These Terms and Conditions will be governed by and construed in accordance with the laws of the State of California, without giving effect to the conflict of laws provisions of California or your actual state or country of residence. If for any reason a court of competent jurisdiction finds any provision or portion of these Terms and Conditions to be unenforceable, the remainder of these Terms and Conditions will continue in full force and effect.

These Terms and Conditions constitute the entire agreement between you and ZipLane with respect to the subject matter hereof and supersede and replace all prior or contemporaneous understandings or agreements, written or oral, regarding such subject matter.

May 2007