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.
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: TrafficSun.com All
references to "us", "this web site" or "this site" shall
be construed to mean TrafficSun.com. If the user is
not an individual, then "You" means Your company, its
officers, members, agents, successors and assigns.
2. Assent To Terms of Use And Amendment.
TrafficSun.com grants a non-exclusive,
non-transferable, and revocable license to You and
provides the services available at this site to You
subject to the following terms and conditions. THESE
TERMS AND CONDITIONS MAY BE AMENDED BY US FROM TIME TO
TIME WITHOUT NOTICE TO YOU. YOU CAN REVIEW THE MOST
CURRENT VERSION OF THE TERMS AND CONDITIONS AT ANY TIME
AT THIS SITE. IN ADDITION, WHEN USING PARTICULAR
SERVICES IN THIS SITE, GUIDELINES OR RULES MAY BE POSTED
WHICH ARE APPLICABLE TO YOUR USE OF THOSE SERVICES. YOUR
USE OF THIS SITE AND YOUR RELATIONSHIP WITH
TrafficSun.com ARE SUBJECT TO ALL GUIDELINES OR RULES
THAT MAY BE POSTED FROM TIME TO TIME ON THE SITE, WHICH
ARE ALL INCORPORATED BY REFERENCE INTO THIS AGREEMENT.
BY USING THIS SITE, YOU ARE AGREEING TO BE BOUND BY ALL
OF THE TERMS AND CONDITIONS OF THE MOST CURRENT VERSION
OF THE TERMS OF USE AGREEMENT AND ANY GUIDELINES AND
RULES POSTED ON THIS SITE. IF YOU DO NOT AGREE TO BE
BOUND BY THIS AGREEMENT, DO NOT USE THIS SITE.
3. Entire Agreement. This Terms of Use Agreement will
be expressly incorporated by reference in each and every
agreement between You and TrafficSun.com, and except
for any separate license agreement for software and/or
content, this terms of use agreement supersedes any and
all prior and existing agreements, whether oral or in
writing, between You and TrafficSun.com with respect
to the subjects addressed herein and constitutes the
entire agreement between the parties with respect to
those subjects. Except for any separate license
agreement for software and/or content, You acknowledge
that neither TrafficSun.com nor anyone on
TrafficSun.com's 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 TrafficSun.com's
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 impersonate
any person or entity or falsely state or otherwise
misrepresent Your affiliation with a person or entity.
You agree not to use the services, products, or
downloads available at this site for illegal purposes,
and to comply with all regulations, policies and
procedures of networks connected to this site.
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 TrafficSun.com by
download from this site, or otherwise directly from
TrafficSun.com. You agree that your use of such
software and/or content shall be strictly in accordance
with the applicable license agreement(s).
7. Copyrights. The copyright in all material provided
on this site is owned by TrafficSun.com or by
TrafficSun.com's 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 TrafficSun.com or its
content suppliers and is protected by copyrights,
trademarks, service marks, patents or other proprietary
rights and laws. TrafficSun.com 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 TrafficSun.com
or the copyright owner. However, You may print a copy of
the information on this site for Your personal,
non-commercial internal use or records. In so doing, You
may not modify the materials and 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 or
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 and may be
subject to penalties.
8. Trademarks. The trademarks, service marks, and logos
(the "Trademarks") used and displayed on this site are
registered and unregistered Trademarks of
TrafficSun.com 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. TrafficSun.com aggressively
enforces its intellectual property rights to the fullest
extent of the law. TrafficSun.com prohibits use
of any of the forgoing names or marks as a metatag or as
a "hot" link to any TrafficSun.com site unless
establishment of such a link is approved in advance by
TrafficSun.com in writing. If You have any questions
regarding any trademarks on the site, please contact
TrafficSun.com.
9. Links. This site may provide links to other Internet
sites. TrafficSun.com is not responsible for the
availability of such other sites and does not endorse
and is not responsible or liable for any content,
products or other materials available on such other
sites. Links to external web sites do not constitute an
endorsement by TrafficSun.com of those sites or the
sponsors of such sites or the content, products,
advertising or other materials presented on such sites.
Further, TrafficSun.com reserves the right to
terminate any link or linking program at any time.
TrafficSun.com does not author, edit, or monitor these
unofficial pages or links. You further acknowledge and
agree that TrafficSun.com shall not be responsible or
liable, directly or indirectly, for any damage or loss
caused or alleged to be caused by or in connection with
use of or reliance on any information, goods or services
available on or through any such site. If You decide to
access any of the third party sites linked to this site,
You do this entirely at Your own risk.
10. NO WARRANTIES. THIS SITE AND ALL INFORMATION CONTAINED
ON THIS SITE, AND EXCEPT TO THE EXTENT EXPRESSLY
PROVIDED IN A LICENSE AGREEMENT FOR SOFTWARE OR CONTENT,
ALL GOODS AND SERVICES OBTAINED THROUGH THIS SITE, ARE
PROVIDED ON AN "AS IS" BASIS FROM TrafficSun.com AND
ITS INFORMATION PROVIDERS, TrafficSun.com 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 S ITE. TO THE
FULLEST EXTENT PERMISSIBLE BY APPLICABLE LAW, EACH OF
TrafficSun.com AND TrafficSun.com'S AFFILIATES AND
CONTENT PROVIDERS DISCLAIMS ALL WARRANTIES, EXPRESS OR
IMPLIED, INCLUDING BUT NOT LIMITED TO IMPLIED WARRANTIES
OF MERCHANTABILITY, FITNESS FOR A PARTICULAR P URPOSE,
TITLE AND/OR NONINFRINGMENT. YOU ACKNOWLEDGE THAT
NEITHER THIS SITE IS ENGAGED IN PROVIDING PROFESSIONAL
LEGAL SERVICES OR LEGAL ADVICE, AND THAT IT IS YOUR
RESPONSIBILITY TO SEEK COMPETENT LEGAL COUNSEL TO ADVISE
YOU REGARDING THE APPLICABILITY OF ANY CONTENT AVAILABLE
ON THIS SITE TO SPECIFIC FACTUAL SITUATIONS. NO
ATTORNEY-CLIENT RELATIONSHIP IS INTENDED NOR CREATED
THROUGH YOUR USE OF THIS SITE. YOU ASSUME THE ENTIRE
RISK OF SELECTION AND USE OF THE CONTENT AVAILABLE AT
THIS SITE. WITHOUT LIMITING THE FOREGOING, NONE OF
TrafficSun.com NOR TrafficSun.com'S AFFILIATES OR
CONTENT PROVIDERS MAKES ANY WARRANTY THAT (i) THE GOODS
OR SERVICES OFFERED ON THIS SITE WILL MEET YOUR
REQUIREMENTS, (ii) THE GOODS OR SERVICES 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 OR SERVICES 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 TrafficSun.com OR THROUGH THIS SITE SHALL CREATE
ANY WARRANTY NOT EXPRESSLY MADE HEREIN.
11. LIMITED LIABILITY. TrafficSun.com AND ALL OF
TrafficSun.com's 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 OF 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 TrafficSun.com, IF ANY, FOR THE SERVICE, SOFTWARE
OR CONTENT AT ISSUE.
12. Indemnity. You shall indemnify, defend, and hold
harmless TrafficSun.com 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 software available at or downloaded from this site,
(ii) Your failure to comply with any applicable laws and
regulations (including without limitation those
regarding the export of products or technology abroad)
or to obtain any licenses or approvals from the
appropriate government agencies necessary to purchase or
sell the subject goods and services, (iii) Your use of
the content available on this site in any way contrary
to this agreement (d) Your breach of any of Your
representations, warranties or obligations set forth in
this agreement, (iv) the sale, purchase, transportation,
delivery, use or disposal of any TrafficSun.com
service, product, 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 in 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, or download associated with
this site.
13. Beneficiaries of this Agreement; No Other
Agreements. The rights and limitations in this agreement
are for the benefit of TrafficSun.com and each of
TrafficSun.com's content providers, each of which
shall have the right to enforce its rights hereunder
directly and on its own behalf.
14. Termination. You agree that TrafficSun.com 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
TrafficSun.com believes that You have violated or
acted inconsistently with the letter or spirit of this
agreement. TrafficSun.com reserves the right at any
time and 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 TrafficSun.com shall not be liable to
You or to any third party for any modification,
suspension or discontinuance of the services offered
under this site.
BY ACCESSING THIS WEB SITE OR USING ANY
SERVICE PROVIDED HEREIN YOU AFFIRM THAT YOU HAVE READ
THIS ENTIRE AGREEMENT AND AGREE TO ALL ITS TERMS AND
CONDITIONS. IF YOU DO NOT AGREE TO ALL OF THE TERMS AND
CONDITIONS SET FORTH IN THIS AGREEMENT, PLEASE EXIT THIS
SITE.