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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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