Terms of Service

Terms of Service for CalAccidentsToday

1. Acceptance of Terms

By accessing or using CalAccidentsToday (the "Service"), a website operated by Brainity ("we," "us," or "our"), you agree to be bound by these Terms of Service ("Terms"). If you disagree with any part of the Terms, you must immediately discontinue use of the Service. These Terms constitute a legally binding agreement between you and Brainity regarding your use of the Service.

2. Description of Service

CalAccidentsToday is an automated service provided by Brainity that generates articles based on real-time traffic incident data from California highways. The Service uses artificial intelligence and computer algorithms to process and present this information in a readable format. The Service is intended for informational purposes only and should not be relied upon as the sole source of information for any decisions.

3. Content Accuracy and Limitations

While Brainity strives for accuracy, the nature of our automated AI system means that errors, omissions, or outdated information may occur. The information provided should not be considered official, verified news, or a substitute for professional advice. Content may be subject to change at any time without notice. Users are solely responsible for independently verifying any information before acting upon it. Brainity is not liable for any actions taken based on the content provided by the Service.

4. Use of Service

You agree to use the Service only for lawful purposes and in accordance with these Terms. Prohibited activities include but are not limited to:

  • Attempting to extract, scrape, or repackage our content for commercial purposes without our express written consent
  • Using the Service to transmit any malware or harmful code
  • Attempting to gain unauthorized access to our systems or user accounts
  • Interfering with or disrupting the Service or servers connected to the Service

5. Intellectual Property

The Service and its original content, features, and functionality are owned by Brainity and are protected by international copyright, trademark, patent, trade secret, and other intellectual property or proprietary rights laws. You may not reproduce, distribute, modify, create derivative works of, publicly display, publicly perform, republish, download, store, or transmit any of the material on our Service, except as incidental to normal web browsing or as expressly permitted in writing by Brainity.

6. User-Generated Content

If the Service allows users to post, submit, or transmit content, you retain all intellectual property rights in your content. However, by posting content, you grant Brainity a non-exclusive, royalty-free, transferable, sublicensable, worldwide license to use, store, display, reproduce, modify, and distribute your content in connection with the operation of the Service.

7. Disclaimer of Warranties

THE SERVICE IS PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS. BRAINITY EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. We do not guarantee that the Service will be uninterrupted, timely, secure, or error-free.

8. Limitation of Liability

TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL BRAINITY, ITS AFFILIATES, PARTNERS, OR SUPPLIERS BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR EXEMPLARY DAMAGES, INCLUDING BUT NOT LIMITED TO DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA, OR OTHER INTANGIBLE LOSSES, RESULTING FROM THE USE OF OR INABILITY TO USE THE SERVICE.

9. Indemnification

You agree to indemnify, defend, and hold harmless Brainity, its officers, directors, employees, agents, and affiliates from and against any and all claims, liabilities, damages, losses, or expenses, including reasonable attorneys' fees and costs, arising out of or in any way connected with your access to or use of the Service or your violation of these Terms.

10. Changes to Terms

We reserve the right to modify these Terms at any time. We will always post the most current version on our site. The updated Terms will be effective as of the time of posting, or on such later date as may be specified in the updated Terms. Your continued use of the Service after any changes to the Terms constitutes your acceptance of such changes. We encourage you to review the Terms periodically for any updates or changes.

11. Governing Law and Jurisdiction

These Terms shall be governed and construed in accordance with the laws of California, United States, without regard to its conflict of law provisions. You agree to submit to the personal and exclusive jurisdiction of the courts located within California for the resolution of any disputes arising from these Terms or your use of the Service.

12. Severability

If any provision of these Terms is found to be unenforceable or invalid, that provision shall be limited or eliminated to the minimum extent necessary so that these Terms shall otherwise remain in full force and effect and enforceable.

13. Entire Agreement

These Terms constitute the entire agreement between you and Brainity regarding the use of the Service, superseding any prior agreements between you and Brainity relating to your use of the Service.

14. Contact Us

If you have any questions about these Terms or the Service, please contact us at [email protected].

Last updated: October 11, 2024