TrafficBoosters.net

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Terms & Conditions

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TERMS & CONDITIONS

THIS IS A LEGAL AGREEMENT BY ACCESSING THIS WEB SITE OR USING ANY SERVICE PROVIDED HEREIN, YOU ACCEPT AND AGREE TO BE BOUND BY ALL THE TERMS AND CONDITIONS OF THIS AGREEMENT, PLEASE READ THIS ENTIRE AGREEMENT CAREFULLY BEFORE ACCEPTING ITS TERMS.

TRAFFIC BOOSTERS RESERVES THE RIGHT TO CHANGE THESE TERMS OF USE FROM TIME TO TIME AT ITS SOLE DISCRETION. yOUR USE OF THE SITE WILL BE SUBJECT TO THE MOST CURRENT VERSIONS OF THE TERMS OF USE AT THE TIME OF SUCH USE. CHECK THE ABOVE “NOTICE OF MATERIAL CHANGES” LINK FOR A NOTICE OF MATERIAL CHANGES AND THEIR EFFECTIVE DATES. YOUR CONTINUED USE OF THIS SITE, OR ANY GOODS, SERVICES, OR CONTENT ACCESSIBLE THROUGH IT, AFTER SUCH NOTICE HAS BEEN POSTED CONSTITUTES YOUR ACCEPTANCE OF THE CHANGES.

IF YOU BREACH ANY OF THE TERMS OF USE, YOUR LICENSE TO USE THIS SITE AUTOMATICALLY TERMINATES, AND ANY MATERIALS DOWNLOADED OR PRINTED FROM THE SITE IN VIOLATION OF THE TERMS OF USE MUST BE IMMEDIATELY DESTROYED.

1. Parties. The parties to this Agreement are you, a visitor to this web site (“You”), and the owner and operator of this web site “TRAFFIC BOOSTERS”. All references to “us”, “this web site” or “this site” shall be construed to mean TRAFFIC BOOSTERS. If the user is not an individual, then “You” means Your company, its officers, members, agents, successors and assigns.

2. License. TRAFFIC BOOSTERS grants a non-exclusive, non-transferable, and revocable license to you and provide the services available at this site to you subject to the following items and conditions.

3. Entire Agreement. This Terms of Use Agreement will be expressly Incorporated by reference in each and every agreement between you and TRAFFIC BOOSTERS, and this terms of use agreement supersedes any and all prior and existing agreements, whether oral or in writing between You and TRAFFIC BOOSTERS with respect to the subjects addressed herein and constitutes the entire agreement between the parties with respect to those subjects You acknowledge that neither TRAFFIC BOOSTERS nor anyone on TRAFFIC BOOSTERS behalf has made any representations, inducements, promises or agreements, orally or otherwise to You relating to the subjects addressed by this terms of use agreement that are not embodied herein.

4. Prohibited Conduct. You agree (i) not to use this site to upload or distribute in any way files that contain viruses, corrupted files, or any other similar software or programs that may damage the operation of another’s computer; (ii) not to interfere or disrupt this site or any networks connected to this site; (iii) not to use any device, software or routine or attempt to interfere with the proper functioning of this site or any transactions being offered at this site; (iv) not to take any action that imposes an unreasonable or disproportionately large load on TRAFFIC BOOSTERS infrastructure; (v) not to use this site to collect or harvest personal information, including, without limitation, financial information, about other participants at this site; and (vi) not to allow another to impersonate any person or entity or falsely state or otherwise misrepresent any affiliation with a person or entity. YOu agree not to use the services, products or content, or downloads available at this site for illegal purposes, and to comply with all regulations, polices and procedures of networks connected to this site. You shall not allow any use of this website by anyone other than those set forth in your Membership Agreement, which is herby incorporated into this agreement by reference. you also agree to limit access to this website to only those authorized to view the Content and that you will immediately inform Traffic Boosters of any lost or stolen password(s) or any instances of intentional or inadvertent disclosure or any password(s) to any unauthorized party.

5. Compliance with Laws. You shall comply with all applicable laws and regulations of the United States and foreign authorities (including , but not limited to United States trade restriction laws, export laws or license requirements and laws regarding the sale or transport of hazardous materials, and laws regarding the transmission of technical data, including without limitation encryption, exported from the United States through the services available at this site) relating to any service, product or download associated with this site.

6. Separate License Agreement(s). You may acquire software and/or content from TRAFFIC BOOSTERS by download from this site, or otherwise directly from TRAFFIC BOOSTERS. You agree that your use of such software and/or content shall be strictly in accordance with the applicable license or member agreement(s).

7. Registration Data and Privacy. Registration may be required for you to download from this site, or for your participation in certain services offered at this site. You must provide certain current, complete and accurate information about You as prompted to do so by the registration from(“Registration Data”), and maintain and update such registration information as required to keep such information current, complete and accurate. You warrant that your registration data is accurate, current and that you are authorized to provide such Registration Data. You authorize us to verify your registration data at any time. If any Registration Data that you provide is untrue, inaccurate, not current or incomplete, TRAFFIC BOOSTERS retains the right, in its sole discretion, to suspend or terminate rights to use the services.

8. 9. Copyrights. The copyright in all material provided on this site is owned by TRAFFIC BOOSTERS or by TRAFFIC BOOSTERS licensor(s). You acknowledge and agree that this site contains proprietary information that is protected by applicable intellectual property and other laws. You further acknowledge and agree that information presented to you through this site, including text, graphics, logos, icons, images and software, and the arrangement and compilation of such content are the property of TRAFFIC BOOSTERS or its content suppliers and is protected by copyrights, trademarks, service marks, patents or other proprietary rights and laws. TRAFFIC BOOSTERS does not grant any license or authorization to any user of its copyrightable material or other intellectual property, by placing them on this site. Furthermore, except as stated herein, none of the material may be copied, reproduced, distributed, republished, downloaded, displayed, posted or transmitted in any form or by any means, including, but not limited to, electronic, mechanical, photocopying, recording, or otherwise, without the prior written permission of TRAFFIC BOOSTERS or the copyright owner. In such event, You agree to retain all copyright and other proprietary notices contained in the materials. This permission does not give you any ownership rights in the information and terminates automatically if You breach any of these terms and conditions. If you make any other use of this site, except as otherwise provided herein, You may violate copyright and other laws of the United States, other countries, as well as applicable state laws that may be subject to penalties.

10. Trademarks. The trademarks, service marks, and logos (the “Trademarks”) used and displayed on this site are registered and unregistered Trademarks of TRAFFIC BOOSTERS and others. Nothing on this site should be construed as granting, by implication, estoppel, or otherwise, any license or right to use any Trademark displayed on the site without the written permission of the Trademark owner. TRAFFIC BOOSTERS aggressively enforces its intellectual property rights to the fullest extent of the law. The Trademark(s) Traffic Boosters may not be used in any way, including in advertising or publicity pertaining to distribution of materials on this site, without prior, written permission. TRAFFIC BOOSTERS prohibits use of any of the forgoing names or marks as a metatag or as a “hot” link to any TRAFFIC BOOSTERS site unless establishment of such a link is approved in advance by TRAFFIC BOOSTERS in writing. If You have any questions regarding any trademarks on the site, please contact TRAFFIC BOOSTERS.

11. 12. 13 Monitoring. You acknowledge that TRAFFIC BOOSTERS or its designees reserves the right to, and may from time to time, monitor any and all activity or information transmitted or received through this site. TRAFFIC BOOSTERS, in its sole discretion and without further notice to you, may (but is not obligated to) review, censor or prohibit any activity or the transmission or receipt of any information which TRAFFIC BOOSTERS deems inappropriate (such as that specified in above) or that violates any term or condition of this agreement. During monitoring, information may be examined, recorded, copied, and used for authorized purposes. Use of this site, authorized or unauthorized, constitutes consent to such monitoring. Unauthorized uses and unauthorized users of this site will be prosecuted to the full extent of the law.

14. NO WARRANTIES. THIS SITE AND ALL INFORMATION CONTAINED ON THIS SITE, AND EXCEPT TO THE EXTENT EXPRESSLY PROVIDED IN A LICENSE AGREEMENT FOR SOFTWARE AND CONTENT, ALL GOODS AND SERVICES OBTAINED THROUGH THIS SITE ARE PROVIDED ON AN “AS IS” BASIS FROM TRAFFIC BOOSTERS AND ITS INFORMATION PROVIDERS. TRAFFIC BOOSTERS AND ITS AFFILIATES AND CONTENT PROVIDERS MAKE NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, RELATING TO THIS AGREEMENT, THE PERFORMANCE UNDER THIS AGREEMENT, THE SERVICES AVAILABLE ON THIS SITE, THE OPERATION OF THE SOFTWARE AVAILABLE ON THIS SITE, THE TRANSACTIONS PERFORMED ON THIS SITE OR THE INFORMATION, CONTENT, MATERIALS AND/OR PRODUCTS INCLUDED ON THIS SITE TO THE FULLEST EXTENT PERMISSIBLE BY APPLICABLE LAW. EACH OF TRAFFIC BOOSTERS AND TRAFFIC BOOSTERS AFFILIATES AND CONTENT PROVIDERS DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND/OR NONINFRINGEMENT. YOU ACKNOWLEDGE THAT THIS SITE YOU ASSUME THE ENTIRE RISK OF SELECTION AND USE OF THE CONTENT AVAILABLE AT THIS SITE, WITHOUT LIMITING THE FOREGOING, NONE OF TRAFFIC BOOSTERS NOR TRAFFIC BOOSTERS AFFILIATES OR CONTENT PROVIDERS MAKES ANY WARRANTY THAT (i) THE GOODS, SERVICES OR CONTENT OFFERED ON THIS SITE WILL MEET YOUR REQUIREMENTS (ii) THE GOODS, SERVICES OR CONTENT OFFERED ON THIS SITE WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE (iii) THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE GOODS, SERVICES OR CONTENT WILL BE ACCURATE OR RELIABLE (iv) THE CONTENT OR INFORMATION AVAILABLE ON THIS SITE IS COMPLETE, ACCURATE OR AVAILABLE, OR (v) THE QUALITY OF ANY PRODUCTS, SERVICES, INFORMATION, OR OTHER MATERIAL PURCHASED OR OBTAINED BY YOU THROUGH THE SERVICES WILL MEET YOUR EXPECTATIONS. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM TRAFFIC BOOSTERS OR THROUGH THIS SITE SHALL CREATE ANY WARRANTY NOT EXPRESSLY MADE HEREIN.

15. LIMITED LIABILITY. TRAFFIC BOOSTERS AND ALL OF TRAFFIC BOOSTERS AFFILIATES AND CONTENT PROVIDERS AND THEIR RESPECTIVE SHAREHOLDERS AND AFFILIATES SHALL NOT BE LIABLE FOR ANY LOSS OF BUSINESS. LOSS OF USE OR OF DATA, INTERRUPTION OF BUSINESS, LOST PROFITS OR GOODWILL, OR OTHER INDIRECT, SPECIAL, INCIDENTAL, EXEMPLARY OR CONSEQUENTIAL DAMAGES OR ANY KIND ARISING OUT OF THIS AGREEMENT, EVEN IF THEY HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH LOSS AND WHETHER OR NOT THEY HAD ANY KNOWLEDGE, ACTUAL OR CONSTRUCTIVE, THAT SUCH DAMAGES MIGHT BE INCURRED, AND NOTWITHSTANDING ANY FAILURE OF ESSENTIAL PURPOSE OF ANY LIMITED REMEDY. THIS EXCLUSION INCLUDES ANY LIABILITY THAT MAY ARISE OUT OF THIRD-PARTY CLAIMS AGAINST YOU 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 GOODS OR SERVICES PROVIDED ON THIS SITE OR THIS AGREEMENT MUST BE FILED WITHIN ONE (1) YEAR AFTER SUCH CLAIM OR CAUSE OF ACTION AROSE OR BE FOREVER BARRED, YOU FURTHER AGREE IF YOU BECOME ENTITLED TO ANY RECOVERY, THAT YOUR RECOVERY SHALL BE LIMITED TO THE AMOUNT OF FEES OR PAYMENTS MADE TO TRAFFIC BOOSTERS, IF ANY, FOR THE SERVICE, SOFTWARE OR CONTENT AT ISSUE.

16. Indemnity. You shall indemnify, defend , and hold harmless TRAFFIC BOOSTERS and its content providers and their respective shareholders, affiliates, employees, agents, successors, officers and assigns, from any suits, losses, claims, demands, liabilities, costs and expenses (including attorney and accounting fees) that they may sustain or incur arising from (i) Your use of the content available at or downloaded from this site, (ii) Your failure to comply with any applicable laws and regulations, or to obtain any licenses or approvals from the appropriate government agencies necessary to advertise or sell your goods and services using Traffic Boosters content, (iii) Your use of the content available on this site in any way contrary to this agreement, (iv) the sale, purchase, transportation, delivery, use or disposal of any TRAFFIC BOOSTERS service, product or content or download associated with this site or available through other sites, or any loss suffered by or harm to any person or property in any way relating to of caused in whole or part by Your use of this site or any service, product or download associated with this site (including, without limitation, any personal injuries or death of any third person caused in whole or in part by, such products or services, the use, transportation, delivery, storage, handling or release thereof), and (v) any taxes attributable to the relating to any service, product, ore download associated with this site.

17. Beneficiaries of this Agreement; No other Agreements. The rights and limitations in this agreement are for the benefit of TRAFFIC BOOSTERS and each of TRAFFIC BOOSTERS content providers, each of which shall have the right to enforce its rights hereunder directly an on its own behalf.

18. Termination. You agree that TRAFFIC BOOSTERS may, at its sole discretion, deny You access to the site and disable any user name and password associated with You for any reason, including, without limitation, if TRAFFIC BOOSTERS believes that You have violated or acted inconsistently with the letter or spirit of this or any other agreement. TRAFFIC BOOSTERS reserves the right at any time or from time to time to modify or discontinue, temporarily or permanently, the services offered under this site (or any part thereof) with or without notice. You agree that TRAFFIC BOOSTERS shall not be liable to You or to any third party for any modification, suspension or discontinuance of the services offered under this site.

19. Controlling Law. This agreement shall be construed under the laws of the State of Washington, USA, excluding rules regarding conflicts of law. The application of the United Nations Convention of Contracts for the International Sale of Goods is expressly excluded.

20. Jurisdiction and Venue. You and TRAFFIC BOOSTERS agree to submit to the exclusive personal jurisdiction of the courts of Clark County in the State of Washington, USA, in all legal proceedings arising under this agreement.

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