TERMS AND CONDITIONS
The terms and conditions below (the "terms") govern your use of this site on the world wide web. These terms are a legal contract between Trafficola ("we", "our", "us", "Company", "Website", "Site"; located at trafficola.com) and you ("user"). These terms are a legal contract between you and Trafficola. They also govern your use of any services and products we provide on the site. If you do not agree with any of these terms, do not access or otherwise use this site and/or any information, products or services contained on this site.
Trafficola.com provides services, products and content on this site. All "Materials" including information, documents, products and services, content, trademarks, logos, graphics and images are the copyrighted work of Trafficola.com or Trafficola.com's licensors and/or contributors.
Trafficola.com grants you a limited, personal, non-exclusive and non-transferable license to use the Materials solely for your personal use or internal business use. Users agree to only use this site and the Materials for lawful uses.
You agree to having no right to edit, modify, copy, reproduce, create derivative works of, alter, enhance or in any way exploit any of the Materials provided by Trafficola.com in any manner. Your limited license terminates automatically without notice if you breach any of these terms.
Upon termination of your limited license, you agree to immediately destroy any printed and/or downloaded Materials. Except as stated herein, you acknowledge that you have no right or interest in or to the site or any Materials on any legal basis.
You are prohibited from taking any action to circumvent or attempt to circumvent the security and access control provisions of the site.
Such prohibited conduct includes, but is not limited to, any efforts to:
(a) log into an account with a password not assigned to you;
(b) access personally identifiable information not intended for you;
(c) test the security measures on the site and/or attempt to identify system vulnerabilities;
(d) impersonate any other user of the site and/or the products and services, forge any of the header information in any posting, or tamper with the TCP/IP packet header;
(e) modify, reverse engineer, disassemble, decompile or otherwise attempt or allow others to attempt to discover the underlying software code for the site and/or the products and services; or
(f) overwhelm or disable the site or the products and services or interfere with the access and use of the site and/or the services by any other user.
If Trafficola.com becomes aware of any of the aforementioned activities on your part, we may investigate and take action. When appropriate, we may work with law enforcement to investigate and prosecute offenders.
Your continued use of the Site and/or the products and services is expressly conditioned on your compliance with the prohibitions, obligations and restrictions just stated. Without limiting the foregoing, you acknowledge that Trafficola.com prohibits and you agree not to:
Take any action that imposes an unreasonable or disproportionately large burden on the site's infrastructure.
Intentionally expose the site and/or any products or services provided on Trafficola.com to a computer virus or any other program or code that is intended to disrupt or disable the operations of the site and/or our products or services
Frame or link to the site or any of the content or information available from the site, unless Trafficola.com expressly consents to such linking and/or framing.
Use any spider, robot or other program, code or device to copy, retrieve or index any portion of the Trafficola.com site.
Harvest or otherwise collect information about other users for any purpose other than expressly permitted herein.
Post any false or inaccurate Submissions (defined below) or information on any part of the site.
Use the products and/or services and/or the site to violate any applicable law or regulation, including, without limitation, the infringement of any copyright, trademark, trade secret or other intellectual property rights, or violate the privacy or rights of any other person.
Post any Submission or information that is discriminatory, hateful, obscene, vulgar, abusive, defamatory, sexually-orientated, threatening, or otherwise objectionable.
Include any hyperlinks or any misleading, irrelevant and/or hidden code or keywords in any Submissions posted by you.
Harass, stalk, or otherwise subject any other user of the site and/or products and services to inappropriate or unwanted contact.
Make any additions, changes, alterations and/or deletions to any Submissions posted by any user without the express written authorization of such other user.
Trafficola.com reserves the right to terminate our relationship with you under these terms and prohibit your access to the site and/or products or services or to edit, remove or close any Submission or thread for any reason.
he foregoing list of prohibitions is illustrative and is not intended to be complete or exclusive.
You acknowledge and agree that there is the chance that you may be exposed to content that may be offensive or objectionable to you. You hereby acknowledge and agree that all submissions submitted by you or any other user express the views of the author, and Trafficola.com will not be held responsible for or liable for the content in such submissions.
Your access to the site and Services is undertaken at your own risk and Trafficola.com is not responsible for any offensive or otherwise objectionable materials that may be posted by any third party.
In addition, the foregoing prohibitions do not impose on Trafficola.com any obligation to monitor or remove any Submissions or other information or communication submitted by you or any other user.
All testimonials and endorsements must comply with Federal Trade Commission "FTC" guidelines and other applicable laws and regulations. Claims about a product's performance or quality must be based on actual experiences. You must disclose connections between yourself and an advertiser that is unclear or unexpected to a customer (for example, whether there is a financial arrangement, employment arrangement, or ownership interest). Disclaimers and disclosures must be clear and conspicuous when used and must be used properly as to comply with FTC guidelines.
Monthly subscriptions / plans / bundles / subscription
Products that are subscription based and charged monthly are:
1-STARTER - $9.97/month
2-PREMIUM - $29.97/month
3-PRO - $99.97/month
4-EXPERT - $199.97/month
5-BUNDLE - $399.97/month
You may choose to join the optional Affiliate Program. The Affiliate Program is not a product, but rather part of the administrative process. The Affiliate Program allows an affiliate to sell plans and earn commissions based on the Trafficola Compensation Plan. Additionally, it gives the affiliate access to tools, marketing data, etc. Company reserves the right to change the membership fee from time to time.
Trafficola bills you through an online billing account for payments due associated with your use of the Trafficola Services. You agree to pay Trafficola all charges at the prices then in effect, and you authorize Trafficola to charge your chosen payment provider for any such purchases. You agree to make payment using that selected payment method. Trafficola reserves the right to correct any errors or mistakes in pricing that it makes even if it has already requested or received payment. If you have paid for services that renew periodically, then you authorize Trafficola to charge your payment method upon renewal without being required to obtain authorization from you in each instance unless you have terminated the applicable service prior to the renewal date.
Sales tax will be added to the sales price of purchases as deemed required by Trafficola.
Refund Policy / Cancellation
You acknowledge and agree that any data and/or post communications submitted by you on the site (collectively "Submissions") are non-confidential and Trafficola.com (as well as any designee of Trafficola) shall be entitled to the unrestricted use and dissemination of these Submissions for any purpose, commercial or otherwise, without acknowledgment or compensation to you.
By using the Trafficola Products and Services, you represent and warrant that:
all registration information you submit is truthful and accurate;
you will maintain the accuracy of such information;
you will keep your password confidential and will be responsible for all use of your password and account;
you are at least 18 years of age; and
your use of the Trafficola Services does not violate any applicable law or regulation.
You also agree to:
(a) provide true, accurate, current and complete information about yourself as prompted by the Website's registration form and
(b) maintain and promptly update registration data to keep it true, accurate, current and complete. If you provide any information that is untrue, inaccurate, not current or incomplete, or Trafficola has reasonable grounds to suspect that such information is untrue, inaccurate, not current or incomplete, Trafficola has the right to suspend or terminate your account and refuse any and all current or future use of the Website (or any portion thereof).
We reserve the right to remove or reclaim or change a user name you select if we determine appropriate in our discretion, such as when the user name is obscene or otherwise objectionable or when a trademark owner complains about a username that does not closely relate to a user's actual name.
Trafficola reserves the right to refuse the Trafficola Service, or any part of the service, to any user for any reason. You may not create multiple usernames and accounts for the purpose of committing fraud, making misrepresentations, or to make posts by multiple usernames within the same forum thread.
You agree to immediately notify Trafficola.com of any unauthorized use of your account or any other breach of security in relation to the site that may be known to you.
You agree that you are entirely responsible for any and all activities that occur under your account, including any fees that may be incurred under your password-protected account, whether or not you are the individual who undertakes such activities. You agree to immediately notify us of any unauthorized use of your account or any other breach of security in relation to your password or the Site that is known to you.
Use of the Website Services
The user represents and warrants that the user will use the Website Services in strict compliance with all laws and regulations, including, without limitation, laws regulating marketing, advertising, security, and privacy, such as the Telemarketing and Consumer Fraud and Abuse Prevention Act (including the Telemarketing Sales Rule and "Do Not Call" regulations), the CAN-SPAM Act of 2003, and the Federal Trade Commission Act, including prohibitions against deceptive advertising, the Business Opportunity Rule, and Guides Concerning the Use of Endorsements and Testimonials in Advertising.
Content You Provide
The Website may invite you to chat or participate in blogs, message boards, online forums and other functionality and may provide you with the opportunity to create, submit, post, display, transmit, perform, publish, distribute or broadcast content and materials to Trafficola and/or to or via the Website, including, without limitation, text, writings, video, audio, photographs, graphics, comments, suggestions or personally identifiable information or other material (collectively "Contributions"). Any Contributions you transmit to Trafficola will be treated as non-confidential and non-proprietary. When you create or make available a Contribution, you thereby represent and warrant that:
- the creation, distribution, transmission, public display and performance, accessing, downloading and copying of your Contribution does not and will not infringe the proprietary rights, including but not limited to the copyright, patent, trademark, trade secret or moral rights of any third party;
- you are the creator and owner of or have the necessary licenses, rights, consents, releases and permissions to use and to authorize Trafficola and the Website users to use your Contributions as necessary to exercise the licenses granted by you under this Agreement;
- you have the written consent, release, and/or permission of each and every identifiable individual person in the Contribution to use the name or likeness of each and every such identifiable individual person to enable inclusion and use of the Contribution in the manner contemplated by this Website;
- your Contribution does not contain any viruses, worms, Trojan horses, malicious code or other harmful or destructive content;
- your Contribution is not obscene, lewd, lascivious, filthy, violent, harassing or otherwise objectionable (as determined by Trafficola), libelous or slanderous, does not ridicule, mock, disparage, intimidate or abuse anyone, does not advocate the violent overthrow of a government, does not incite, encourage or threaten physical harm against another, does not violate any applicable law, regulation, or rule, and does not violate the privacy or publicity rights of any third party;
- your Contribution does not include any offensive comments that are connected to race, national origin, gender, sexual preference or physical handicap;
- if your employer has rights to intellectual property you create, you have either (i) received permission from your employer to make available the Contribution, or (ii) secured from your employer a waiver as to all rights in or to your Contribution;
- your Contribution does not violate any state or federal law designed to regulate electronic advertising;
- your Contribution does not constitute, contain, install or attempt to install or promote spyware, malware or other computer code, whether on Trafficola's or others' computers or equipment, designed to enable you or others to gather information about or monitor the online or other activities of another party;
- your Contribution does not inundate the Website with communications or other traffic suggesting no serious intent to use the Website for its stated purpose; and
- your Contribution does not otherwise violate, or link to material that violates, any provision of this Agreement or any applicable law or regulation.
Limitations of Use of Other User's Information / No Spam
You agree that, with respect to other users' personal information that you obtain through the Website or through any Website-related communication or any Website-facilitated transaction, we have granted to you a license to use such information only for:
(a) any Website-related communications that are not unsolicited commercial messages,
(b) using services offered through the Website,
(c) facilitating a financial transaction between you and the other user, and
(d) any other purpose that a user expressly agrees to after you tell them the purpose you would like to use it for.
In all cases, you must give users an opportunity to remove themselves from your address book or database and a chance to review what information you have collected about them. In addition, under no circumstances, except as defined in this provision, can you disclose personal information about another user to any third party without both our consent and the consent of the other user.
Guidelines for Reviews
Trafficola may accept, reject or remove reviews, testimonials and comments in its sole discretion. Trafficola has absolutely no obligation to screen reviews or to delete reviews, even if anyone considers reviews objectionable or inaccurate. Those persons posting reviews should comply with the following criteria:
(1) reviewers should have firsthand experience with the person/entity being reviewed;
(2) reviews should not contain: offensive language, profanity, or abusive, racist, or hate language; discriminatory references based on religion, race, gender, national origin, age, marital status, sexual orientation or disability; or references to illegal activity;
(3) reviewers should not be affiliated with competitors if posting negative reviews;
(4) reviewers should not make any conclusions as to the legality of conduct; and
(5) reviewers may not post any false statements or organize a campaign encouraging others to post reviews, whether positive or negative.
Reviews are not endorsed by Trafficola, and do not represent the views of Trafficola or of any affiliate or partner of Trafficola. Trafficola does not assume liability for any review or for any claims, liabilities or losses resulting from any review. By posting a review, the reviewer hereby grants to Trafficola a perpetual, non-exclusive, worldwide, non-exclusive, royalty-free, fully-paid, assignable and sublicensable license to Trafficola to reproduce, modify, translate, transmit by any means, display, perform and/or distribute all content relating to reviews.
By posting Contributions to any part of the Website, you automatically grant, and you represent and warrant that you have the right to grant, to the Trafficola an unrestricted, unconditional, unlimited, irrevocable, perpetual, non-exclusive, transferable, royalty-free, fully-paid, worldwide right and license to host, use, copy, reproduce, disclose, sell, resell, publish, broadcast, retitle, archive, store, cache, publicly perform, publicly display, reformat, translate, transmit, excerpt (in whole or in part) and distribute such Contributions for any purpose, commercial, advertising, or otherwise, to prepare derivative works of, or incorporate into other works, such Contributions, and to grant and authorize sublicenses of the foregoing. The use and distribution may occur in any media formats and through any media channels. Such use and distribution license will apply to any form, media, or technology now known or hereafter developed. By uploading your Contributions, you hereby warrant that your Contributions are free of any digital rights management, including any software designed to limit the number of times the Contributions may be copied or played. Trafficola does not assert any ownership over your Contributions; rather, as between us and you, subject to the rights granted to us in this Agreement, you retain full ownership of all of your Contributions and any intellectual property rights or other proprietary rights associated with your Contributions. Notwithstanding the foregoing, distribution and sharing of your Contributions will be subject to the privacy settings you select.
Trafficola has the right, in our sole and absolute discretion, to
(i) edit, redact or otherwise change any contributions,
(ii) re-categorize any contributions to place them in more appropriate locations or
(iii) pre-screen or delete any contributions that are determined to be inappropriate or otherwise in violation of this agreement.
By uploading your Contributions to the Website, you hereby authorize Trafficola to grant to each end user a personal, limited, non-transferable, perpetual, non-exclusive, royalty-free, fully-paid license to access, download, print and otherwise use your Contributions for their internal purposes and not for distribution, transfer, sale or commercial exploitation of any kind.
Links to Third Party Sites and Content
Trafficola site may be linked to other sites that are not owned, operated, or managed by Trafficola. We provide these links to you only as a convenience and may discontinue providing such links at any time without notice to you. Trafficola is not responsible for the content or links displayed on these third party sites. Under no circumstances shall we or any affiliated providers be held responsible or liable, directly or indirectly, for any loss, injury, or damage caused or alleged to have been caused to you in connection with the use of, or reliance on, any content, information, data, opinions, advice, statements, goods, services, or products available on such Third Party Sites.
Trafficola, its team, or members may receive an affiliate commission when you purchase some of the products or services that we recommend on our Site or Service. By entering into this Agreement, you acknowledge that you have been informed of such payments, consent to payments of affiliate commission, and that such payments are fair and reasonable.
Some information and content may be provided by third parties to Trafficola ("Third Party Content"). The Third Party Content is the copyrighted work of the creators/licensors and/or Trafficola.
You agree that you will only display the Third Party Content on your personal computer for your personal or internal business use. You acknowledge and agree that you have no right to download, cache, reproduce, modify, display (except as set forth in this paragraph), alter, edit, manipulate or enhance any of the Third Party Content in any manner.
Trafficola disclaims all express, implied and statutory warranties and conditions with regard to third party content. This includes, but is not limited to, all implied warranties of merchantability, fitness for a particular purpose and non-infringement.
Unauthorized use of any Materials or Third Party Content contained on this site may violate certain regulations and laws. You shall indemnify and hold Trafficola, its team and business partners harmless from and against any and all damages, costs, expenses, and liabilities, including attorneys' fees, that Trafficola or any other indemnified party suffers in relation to, arising from, or for the purpose of avoiding any claim or demand from a third party in the event that your use of the site or the use of the site by any person using your user name and/or password violates any applicable law or regulation, or the rights of any third party.
Trafficola reserves the right to suspend or terminate your use of any Service or the Content or Site. To ensure that Company provides a high quality experience for you and for other users of the Site, Content and Service, you agree that account Trafficola or its representatives may access your account and records on a case-by-case basis to investigate complaints or allegations of abuse, infringement of third party rights or other unauthorized uses of the Site, Content or Service. Trafficola does not intend to disclose the existence or occurrence of such an investigation unless required by law, but Trafficola reserves the right to suspend or terminate your account or your access to the Site immediately, with or without prior notice to you, and without liability to you, if Trafficola believes that you have violated any of this Agreement, furnished Trafficola with false or misleading information, or interfered with use of the Site, Content or the Service by others.
You may not access or use the Website for any other purpose other than that for which Trafficola makes it available. Prohibited activity includes, but is not limited to:
- criminal or tortious activity, including child pornography, fraud, trafficking in obscene material, drug dealing, gambling, harassment, stalking, spamming, copyright infringement, patent infringement, or theft of trade secrets;
- systematic retrieval of data or other content from the Website to create or compile, directly or indirectly, a collection, compilation, database or directory without written permission from Trafficola;
- making any unauthorized use of the Trafficola Services, including collecting usernames and/or email addresses of users by electronic or other means for the purpose of sending unsolicited email, or creating user accounts by automated means or under false pretenses;
- disguising the origin of any information or inquiry transmitted through the Website or using tools which anonymize your internet protocol address (e.g. anonymous proxy) to access the Service;
- engaging in unlawful multi-level marketing (such as a pyramid scheme);
- offering any contest, giveaway or sweepstakes without Trafficola's prior written consent;
- posting anyone's identification documents or sensitive financial information, or otherwise revealing any personal information about another individual, including another person's address, phone number, e-mail address, credit card number or any information that may be used to track, contact or impersonate that individual;
- engaging in unauthorized framing of or linking to the Website;
- using any information obtained from the Website in order to contact, advertise to, solicit, or sell to any user without their prior explicit consent;
- tricking, defrauding or misleading Traficola and other users, especially in any attempt to learn sensitive account information such as passwords;
- making improper use of Trafficola's support services or submitting false reports of abuse or misconduct;
- engaging in any automated use of the system, such as using scripts to add friends or send comments or messages, or using any data mining, robots or similar data gathering and extraction tools;
- interfering with, disrupting, or creating an undue burden on the Website or the networks or services connected to the Website;
- attempting to impersonate another user or person or using the username of another user;
- selling or otherwise transferring your profile;
- using any information obtained from the Website in order to harass, abuse, or harm another person;
- using the Trafficola Service as part of any effort to compete with Trafficola or to provide services as a service bureau;
- deciphering, decompiling, disassembling or reverse engineering any of the software comprising or in any way making up a part of the Website;
- attempting to bypass any measures of the Website designed to prevent or restrict access to the Website, or any portion of the Website;
- harassing, annoying, intimidating or threatening any Trafficola employees or agents engaged in providing any portion of the Trafficola Services to you;
- deleting the copyright or other proprietary rights notice from any Contribution or Trafficola Content;
- uploading or transmitting (or attempt to upload or to transmit) viruses, Trojan horses or other material, including excessive use of capital letters and spamming (continuous posting of repetitive text) that interferes with any party's uninterrupted use and enjoyment of the Website or modifies, impairs, disrupts, alters or interferes with the use, features, functions, operation or maintenance of the Service;
- except as may be the result of standard search engine or Internet browser usage, using or launching, developing or distributing any automated system, including, without limitation, any spider, robot (or "bot"), cheat utility, scraper or offline reader that accesses the Website, or using or launching any unauthorized script or other software;
- engaging in cheating or any other activity deemed by Trafficola to be in conflict with the spirit or intent of the Website.
- uploading, e-mailing or otherwise transmitting to or through the Site or Service, any advertising, promotional, or other unauthorized communication, including, without limitation, "junk mail," "surveys," unsolicited e-mail, "spam," "chain letters," or "pyramid schemes;"
- disparaging, tarnishing, or otherwise harming, in Trafficola's opinion, Trafficola and/or the Website; and
- using the Website in a manner inconsistent with any and all applicable laws and regulations.
All information, data, and screens appearing on Trafficola.com, including web pages, documents, site design, text, graphics, logos, images and icons, and the selection and arrangement thereof, are the sole property of Trafficola.com and Trafficola unless otherwise specified.
All rights not expressly granted herein are reserved worldwide. Any reproduction, distribution, modification, retransmission, or publication of any copyrighted material on the site is strictly prohibited without the express written consent of the copyright holder, except as otherwise required by applicable law.
Trafficola has adopted a policy that provides for the immediate suspension or termination of any Site or Service user who is found to have infringed on the rights of Trafficola or a third party, or otherwise violated any intellectual property laws or regulations.
Disclaimer of Warranties
Your use of this site, the Materials and/or the products and services is at your own risk. You assume all risks of using this site, the Materials and/or the products and services. Trafficola.com does not warrant the accuracy or timeliness of the materials or the Third Party Content contained on this Site. Neither the Materials nor the Third Party Content have been verified or authenticated in whole or in part by Trafficola.com, and they may not be current or may include inaccuracies or typographical errors.
Trafficola.com shall have no liability for Materials and/or Third Party Content that is not current or for any errors or omissions in the Materials and/or the Third Party Content, whether provided by Trafficola or our licensors. Trafficola.com does not guarantee that you will achieve any economic return or benefit from the use of the Materials.
Trafficola.com, for itself and its licensors, makes no express, implied or statutory representations, warranties, or guarantees in connection with the site, the products and services or any Materials or Third Party Content, relating to the quality, suitability, truth, accuracy, currency or completeness of any information or material contained on the site. This includes, without limitation, the Materials and the Third Party Content.
Trafficola.com disclaims and excludes any and all implied warranties, including any implied warranty of merchantability, fitness for a particular purpose, or non-infringement of third party rights. Unless otherwise explicitly stated, to the maximum extent permitted by applicable law, the site, the products and services, the Materials, Third Party Content, and any information or material contained on the site is provided to you on an "as is," "as available" and "where is" basis with no warranty of any kind.
We make no warranty or representation as to the level of success, if any, individuals may achieve by using any of our service. Individual results may vary and depend on many factors including an individual's specific financial situation, efforts and actions. You should seek the advice of qualified professionals such as an accountant, attorney and/or professional advisor for specific advice for your business.
Limitation of Liability
In no event shall Trafficola.com be liable to you or any third party for any indirect, extraordinary, exemplary, punitive, special, incidental, or consequential damages (including loss of data, revenue, profits, use or other economic advantage) however arising, even if Trafficola.com and Trafficola have been advised of the possibility of such damage.
Trafficola.com's aggregate liability to you or any third party for any damages resulting from your displaying, copying, or downloading any material on the site or reliance on the information and/or material presented on the site shall not exceed fifty dollars ($50.00).
If you are a California resident, you waive California civil code section 1542, which says: "a general release does not extend to claims which the creditor does not know or suspect to exist in his favor at the time of executing the release, which, if known by him must have materially affected his settlement with the debtor."
You agree to defend, indemnify and hold Trafficola, its subsidiaries, and affiliates, and their respective officers, agents, partners and employees, harmless from and against, any loss, damage, liability, claim, or demand, including reasonable attorneys' fees and expenses, made by any third party due to or arising out of your Contributions, use of the Trafficola Services, and/or arising from a breach of this Agreement and/or any breach of your representations and warranties set forth above. Notwithstanding the foregoing, Trafficola reserves the right, at your expense, to assume the exclusive defense and control of any matter for which you are required to indemnify Trafficola, and you agree to cooperate, at your expense, with Trafficola's defense of such claims. Trafficola will use reasonable efforts to notify you of any such claim, action, or proceeding which is subject to this indemnification upon becoming aware of it.
Local Laws and Export Control
This Agreement shall be construed in accordance with and governed by the laws of the United States, without reference to their rules regarding conflicts of law.
If you use this site outside the United States of America, you are responsible for compliance with all applicable local laws. Trafficola controls and operates this site from its headquarters in the United States of America and the Materials may not be appropriate or available for use in other locations.
Consequences of Violation
If you violate these terms, Trafficola.com may terminate your access to the site or Password-Restricted Areas without notice. Trafficola.com prefers to advise you of your inappropriate behavior and recommend any necessary corrective action. However, certain violations of these terms, as determined by Trafficola.com, will result in immediate termination of your access to the site or Password-Restricted Areas.
Trafficola.com reserves the right to terminate any password-restricted account for any reason. Any disputes relating to these terms or the site will be heard in courts. If any of these terms is found to be inconsistent with applicable law, then such terms shall be interpreted to reflect the intentions of the parties, and no other terms will be modified.