Terms of Use

One (1) Year Limited Warranty
TrafficGauge warrants the TrafficGauge device subject to this Agreement against defects in material and workmanship under normal use and service for one year. The limited warranty described in this section sets forth the full extent of TrafficGauge's responsibilities regarding the TrafficGauge device described in this Agreement.

THE BUYER EXPRESSLY ACKNOWLEDGES THAT THIS LIMITED WARRANTY CONTAINED HEREIN IS GIVEN IN LIEU OF ALL OTHER WARRANTIES, EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. THIS LIMITED WARRANTY IS EXPRESSLY LIMITED TO THE DURATION SET FORTH ABOVE. IN NO EVENT SHALL TRAFFICGAUGE BE LIABLE FOR DAMAGES FOR (BY WAY OF EXAMPLE AND NOT BY WAY OF LIMITATION) INCONVENIENCE, COMMERCIAL LOSS, LOST PROFITS OR OTHER SPECIAL OR CONSEQUENTIAL DAMAGES ARISING OUT OF THE USE OR INABILITY TO USE ANY SUCH TRAFFICGAUGE DEVICE OR RELATED PRODUCT OF TRAFFICGAUGE. THE BUYER EXPRESSLY ACKNOWLEDGES THAT IT IS THE INTENT OF TRAFFICGAUGE IN THIS SECTION TO DISCLAIM SUCH LIABILITIES TO THE FULL EXTENT SUCH AS MAY BE DISCLAIMED UNDER APPLICABLE LAW. THE BUYER ACKNOWLEDGES AND AGREES THAT THE AGGREGATE LIABILITY OF TRAFFICGAUGE FOR ALL DAMAGES, INJURIES AND LIABILITY INCURRED BY THE BUYER, THE BUYER'S CUSTOMERS, ANY TRAFFICGAUGE DEVICE USER, AND ANY OTHER AFFECTED PARTIES IN CONNECTION WITH THE TERMS AND PROVISIONS OF THIS AGREEMENT, SHALL BE LIMITED TO AN AMOUNT EQUAL TO THE TOTAL FEES PAID TO TRAFFICGAUGE BY BUYER FOR THIS DEVICE.

The BUYER acknowledges that TrafficGauge devices are delivered to the BUYER with a standard limited warranty of one (1) year on parts and labor from date of purchase. In the event of a defect, malfunction, or failure to conform to specifications during the warranty period, TrafficGauge, at its option, will either repair, replace or refund the purchase price of the affected TrafficGauge device. At TrafficGauge's sole option, any repair of any affected TrafficGauge device may include the replacement of parts with functionally equivalent reconditioned or new parts. Replaced parts are warranted for the balance of the original warranty period.

The Limited Warranty Does NOT Apply to:

• Reasonable wear and tear of TrafficGauge
• Water damage
• Scratches or cracks in the LCD screen
• Damage caused by accident, misuse, abuse, neglect or misapplication
• Defects due to repairs or modifications made to TrafficGauge by anyone other than TrafficGauge or its authorized service representatives.

The USER hereby releases and holds harmless TrafficGauge from and against any and all loss, liability or damages, of whatsoever nature, that the user or any third party may suffer or incur by reason of or arising out of the use of the TrafficGauge device.

The BUYER acknowledges that the operation of the TrafficGauge device requires the Washington State Department of Transportation (WSDOT) to collect and make available traffic information to TrafficGauge. The BUYER acknowledges that WSDOT may discontinue providing the traffic data information to TrafficGauge at any time. In the event that WSDOT would no longer make traffic information available to TrafficGauge, the TrafficGauge device would not operate and TrafficGauge would discontinue service. In the event that TrafficGauge is unable to acquire traffic information from WSDOT at a reasonable cost during the Term of this Agreement, a situation that would likely render TrafficGauge devices inoperable, the BUYER agrees and acknowledges that it will not seek compensation or reimbursement, in any form, from TrafficGauge.

The BUYER acknowledges that TrafficGauge has entered into an agreement with an established wireless service provider to provide service for the TrafficGauge devices. In the event that the wireless service provider interrupts or discontinues wireless service to TrafficGauge during the Term of this Agreement for any reason, the BUYER agrees not to seek compensation or reimbursement, in any form, from TrafficGauge, with respect to any failure of any TrafficGauge device.

Out of Warranty Coverage
If your TrafficGauge has been damaged or is not covered under the warranty (for example a broken display), we will replace your TrafficGauge with a new or reconditioned product for $45 plus shipping and handling. Please call 1.866.872.3345 to arrange.

WSDOT Data
All text, graphics, video, compilations and other documentation provided from the WSDOT data distribution system are property of WSDOT protected by copyright and supplied to TrafficGauge pursuant to a revocable and non-exclusive license and without liability or warranty as to its accuracy, suitability or sufficiency. Software for public and private use information from the WSDOT data distribution systems available at www.wsdot.wa.gov. Changes may be made by WSDOT at any time and such changes may affect this device or the services it provides, all without any liability or responsibility of WSDOT to the device owner or TrafficGauge.

FCC Compliance Information Statement
The TrafficGauge Model 3000 and Model 4000 have been tested and found to comply with the limits for a Class B digital device, pursuant to Part 15 of the FCC Rules. Operation is subject to the following two conditions: (1) This device may not cause harmful interference, and (2) This device must accept any interference received, including that may cause undesired operation.

NOTE: This equipment has been tested and found to comply with the limits for a Class B digital device, pursuant to Part 15 of the FCC Rules. These limits are designed to provide reasonable protection against harmful interference in a residential installation. This equipment generates, uses and can radiate radio frequency energy and, if not installed and used in accordance with the instructions, may cause harmful interference to radio communications. However, there is no guarantee that the interference will not occur in a particular installation. If this equipment does cause harmful interference to radio or television reception, which can be determined by turning the equipment off and on, the user is encouraged to try to correct the interference by one or more of the following measures:

• Reorient or relocate the receiving antenna.
• Increase the separation between the equipment and receiver
• Connect the equipment into an outlet on a circuit different from that to which the receiver is connected.
• Consult the dealer of an experienced Radio/TV technician for help.

The user is cautioned that any changes or modifications not expressly approved by the party responsible for compliance could void the user's authority to operate the equipment.

Any questions regarding this compliance information statement should be directed to:

TrafficGauge, Inc.
Attn: Director of Engineering
300 19th Ave
Seattle, Washington 98122
(866) 872-3345