|
Terms and Conditions
Users must agree to the
following rules before signing up:
BuildTraffic.net reserves the right to cancel your
membership at any time for any reason.
You must be a company or individual over the age 16 If
paying by credit card, you are the card holder, or you
have express permission by the card holder to authorize
billings. You must sign up using your real name and
valid contact information.
You agree not to submit any internet website containing
information or related information or links to
information of the following kind :
- Information related to illegal software
- Information related to illegal MP3 songs, movies and
other copyrighted material
- Information related to hacking, phreaking or other
illegal activities
- Information related to pyramid schemes User agrees not
to use any words in the keywords of a submission that
relate to the subjects in the previous rule.
User acknowledges that an e-mail might be sent by one or
more search engines which is being submitted to. You
have the option to route all confirmation emails to a separate
email address within the BuildTraffic.net application.
BuildTraffic.net can not prevent other web sites from
sending confirmation emails. It is therefore advisable
to use a separate e-mail address when submitting. This
option is available for you to utilize within the site.
You acknowledge this is a monthly service, and agree to
pay for charges on a monthly basis. If you do not wish
to continue using the service beyond the initial 30 day
access period, you may cancel additional billings at
anytime by clicking on the cancel button located in your
account area. By canceling your account you will not
receive a refund.
Canceling your account means you will not be billed any
additional charges.
You cannot buy access to the submission server, then
cancel and receive a refund.
The fee for consideration of "Guaranteed
Inclusion" listings are NON-REFUNDABLE and your
listing may be rejected due to content.
Any traffic delivered through our "Instant Website
Traffic" is NON-REFUNDABLE however, a pro rated
refund for traffic may be issues at BuildTraffic.net's
sole discretion.
Access fee's may change at anytime without notice. You
will never be billed for more, or at a higher rate than
the pricing set forth today.
When you are accepted as a subscriber and begin using
the submission services provided by BuildTraffic.net,
you are acknowledging that you have read this
Subscriber's Use Agreement ("Agreement"), that
you understand what it says and agree to be bound by all
of the terms and conditions stated below.
BuildTraffic.net is not responsible for any possible
damage caused by your usage of the submission system.
You understand that a BuildTraffic.net subscription is
for your personal, exclusive use and you agree not to
share your password or any of your rights as a member
with any other person.
You agree that all information submitted on your order
to BuildTraffic.net is true and correct and that you are
the legal holder of the credit card and personal
information being submitted.
You acknowledge and agree that, once access is granted
to the subscribers site, no refund will be provided. You
understand that any advertising is a risk, and
individual results will vary from one person to another.
You acknowledge that BuildTraffic.net has no interest in
nor control over any other outside links or web sites
which may be submitted in the subscribers area. BuildTraffic.net
is not responsible for the accuracy of the information
provided on outside websites, the BuildTraffic.net is
not liable for the services provided by, or other
actions of, such third party web sites, and BuildTraffic.net
shall not be a party to any contract for services
provided by third party web sites.
You acknowledge that all rights to the content of and
information provided on this website, including
copyrights, are owned by BuildTraffic.net, or its
affiliates and/or partners.
You agree not to, or to permit anyone else to, copy,
reproduce, create derivative works, distribute, exploit
or disclose any portion of such information without BuildTraffic.net's
prior written permission.
You may publish content on this website that is owned by
you, content for which you have received express
permission from the owner or content in the public
domain. You shall remain solely responsible for all
content posted by you. BuildTraffic.net has the right,
but not the obligation, to correct, edit or delete any
content that it determines is unacceptable. You grant BuildTraffic.net
the right to edit, copy, publish, distribute and use any
content that you place on this website without
compensation to you.
You agree to not post any information on the website or
its discussion groups, which is (i) libelous,
defamatory, abusive or threatening, (ii) contains
viruses or other destructive features or (iii) violates
the rights of others through copyright, trademark or
patent infringement.
You agree that you will not use this website or any of
the information or services on this website (i) for
illegal solicitation purposes, or any activity that is
prohibited by law, or any purposes other than its
intended use, as determined by BuildTraffic.net in its
sole discretion.
You also specifically agree not to resell any of the
information or services provided by BuildTraffic.net
through this website or otherwise misrepresentation that
any information or services provided by BuildTraffic.net
hereunder are provided by you, other than our official
affiliate plan.
BuildTraffic.net MAKES NO WARRANTIES, EXPRESS OR
IMPLIED, FOR SERVICES PROVIDED BY BuildTraffic.net, AND
SPECIFICALLY DISCLAIMS ANY IMPLIED WARRANTIES OF
MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. BuildTraffic.net
GIVES NO WARRANTIES OR GUARANTIES WHATSOEVER REGARDING
THE SUCCESS RATE THAT YOU MAY RECEIVE FROM SERVICES
PROVIDED ON THIS WEBSITE OR BY BuildTraffic.net.
BuildTraffic.net will use reasonable efforts to maintain
the continuous operation of its website and provision of
services; however, BuildTraffic.net does not guaranty
that the same will continuously remain operational or
that there will not be unanticipated delays in the
provision of the services. Unforeseen equipment,
software and network failures, acts of God, and periodic
scheduled maintenance may cause the servers to go off
line or other equipment failures.
BuildTraffic.net does not assume any part of your
business risk. You agree that BuildTraffic.net will not
be liable for any damages resulting from interruption of
business related to any failures or other delays of the
website or the services, including for any indirect,
special, incidental or consequential damages of any
kind.
You agree to indemnify and hold BuildTraffic.net, its
officers, directors, employees, agents and
representatives harmless from any and all liabilities
and claims, including attorneys' fees and costs,
resulting from your use of BuildTraffic.net's services
including, without limitation, as a result of your use
of the services.
You acknowledge that BuildTraffic.net will send
occasional emails to let you know you of system updates,
changes to our website, special promotional offers and
special discounts of products that we believe will be of
interest to you.
BuildTraffic.net reserves the right to change the terms
and conditions of this Agreement at any time. You will
be notified of any such changes by either email or by
the posting of the changes at this website. Your
continued use of this website or the services offered
following notice of such changes indicates your
acceptance of the changes and agreement to be bound
them. If at any time the terms and conditions of this
Agreement are no longer acceptable to you, you should
cease all use of this service.
BuildTraffic.net, in its sole discretion, reserves the
right to cancel any subscribership or to refuse to
provide services to anyone for any reason. In the event
that your subscribership is canceled or services are
discontinued, you agree to discontinue using this
website and the related services as may be directed by BuildTraffic.net.
You agree that this Agreement and the parties' rights
hereunder shall be governed by California law, and that
venue and jurisdiction shall be proper in California.
You may only assign this Agreement with the prior
written consent of BuildTraffic.net; this Agreement
shall be binding on the parties' successors and your
permitted assigns.
Lawful Products/Services: Only lawful products and
services may be advertised. Transmission, distribution
or storage of material or conduct in violation of any
applicable local, state, federal or foreign law or
regulation is prohibited. This includes without
limitation any unauthorized use of material protected by
patent, copyright, trademark or other intellectual
property right, material that is obscene, defamatory or
libelous, constitutes an illegal threat, or violates
rights of privacy or publicity, or violates export
control laws.
Offensive/Inappropriate Content: BuildTraffic.net
prohibits the transmission, advertising, distribution or
posting of unwanted or offensive content. Transmissions
include without limitation, profane or sexually explicit
advertisements that include masking or misspelling the
words, or images that would be illegal in any
jurisdiction. It is Your responsibility, and you agree
to comply with all requirements, legal or other.
Additional prohibitions include misleading offers that
do not list the total purchase price or a "bait
& switch" of products, advertisements listed in
the incorrect category, telephone numbers, the sale or
distribution of firearms, weapons or controlled
substances, make-money fast schemes, pyramid or chain
letters, fraudulent or criminal offers including but not
limited to registering another email address other than
your own, any posting with the goal of harassment of
another, sexual requests from or for a minor, racial
slurs or comments, harassment, placing a fraudulent ad,
unsolicited advertising (whether commercial or
informational) and unsolicited email or advertisements
including, but not limited to adult or dating services
placing advertisements ("SPAM").
Further, BuildTraffic.net prohibits the transmission,
distribution or posting of any matter which discloses
personal or private information concerning any person or
entity, including without limitation phone number(s) or
addresses, credit debit cards, calling card, User
account numbers/ passwords or similar financial
information, and home phone numbers or addresses. Even
though all of this is strictly prohibited, there is a
small chance that you might become exposed to such items
and You further waive your right to any damages (from
any party) related to such exposure. BuildTraffic.net
may cease submission of any content it deems
inappropriate.
Warrantees: Company does NOT guarantee or predict any
type of profit from any submissions, or other
information submitted thru BuildTraffic.net. No
warranties or guarantees are expressed or implied.
Software access sales are final and non-refundable.
Credit Card payment that is returned unpaid for any
reason will put you in immediate default and is subject
to a returned charge of $25 from BuildTraffic.net.
Additionally, all returned credit card payments are
subject to collection agency activity & negative
credit bureau reporting.
I also understand that I (customer) will be liable for
all collection agency and/or attorney fees borne by BuildTraffic.net
if my account goes to collection. BuildTraffic.net may
refuse your order if BuildTraffic.net deems it
inappropriate.
Violation of Terms: BuildTraffic.net, in its sole
discretion, determines that a violation of these Terms
has occurred, BuildTraffic.net may pursue any of its
legal remedies, including but not limited to the
immediate deletion of any offending material from its
site, cancellation of Your account and /or the exclusion
of any person(s) who may have violated any Terms.
BuildTraffic.net could also pursue violators with claims
that they have violated various criminal and/or civil
laws as applied by the relevant jurisdiction. BuildTraffic.net
will cooperate with any investigation by any Federal,
State, or local body or any court or tribunal
legitimately exercising it's rights. Such cooperation
may be without notice to you. If BuildTraffic.net
believes in its sole discretion that any ad may create
liability for BuildTraffic.net, we may take any actions
that it believes are prudent or necessary to minimize or
eliminate its potential liability, including but not
limited to, the release of User information. In sum, BuildTraffic.net
reserves the right to refuse service to anyone at any
time, and to remove any listings or any advertisements
for any reason, and without notice.
DISCLAIMER OF WARRANTIES. YOU AGREE THAT USE OF THE
SERVICE IS AT USER'S SOLE RISK. THE SERVICE IS PROVIDED
ON AN "AS IS" AND ON AN "AS
AVAILABLE" BASIS. ALL SALES ARE FINAL AND
NON-REFUNDABLE. BuildTraffic.net 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.
BuildTraffic.net MAKES NO WARRANTY THAT THE SERVICE WILL
MEET USER'S REQUIREMENTS, THAT THE SERVICE WILL BE
UNINTERRUPTED, TIMELY, SECURE, OR ERROR FREE; NOR DOES BuildTraffic.net
MAKE ANY WARRANTY AS TO THE RESULTS THAT MAY BE OBTAINED
FROM THE USE OF THE SERVICE OR AS TO THE ACCURACY OR
RELIABILITY OF ANY INFORMATION OBTAINED FROM THE
SERVICE.
USER UNDERSTANDS AND AGREES THAT ANY INFORMATION OR
MATERIAL AND/OR GOODS OR SERVICES OBTAINED THROUGH THE
SERVICE IS DONE AT USER'S OWN DISCRETION AND RISK AND
THAT USER WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE
RESULTING FROM ANY TRANSACTION.
NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN,
OBTAINED BY USER FROM BUILDTRAFFIC.NET OR THROUGH OR
FROM THE SERVICE SHALL CREATE ANY WARRANTY NOT EXPRESSLY
STATED HEREIN.
LIMITATION OF LIABILITY. USER AGREES THAT NEITHER BuildTraffic.net
NOR ANY OF ITS PROVIDERS OF INFORMATION SHALL BE LIABLE
FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL,
CONSEQUENTIAL OR EXEMPLARY DAMAGES, RESULTING FROM THE
USE OR THE INABILITY TO USE THE SERVICE OR FOR COST OF
PROCUREMENT OF SUBSTITUTE GOODS AND SERVICES OR
RESULTING FROM ANY GOODS, DATA, INFORMATION OR SERVICES
PURCHASED OR OBTAINED OR MESSAGES RECEIVED OR
TRANSACTIONS ENTERED INTO THROUGH OR FROM THE SERVICE OR
RESULTING FROM UNAUTHORIZED ACCESS TO OR ALTERATION OF
USER'S TRANSMISSIONS OR DATA OR ARISING FROM ANY OTHER
MATTER RELATING TO THE SERVICE, INCLUDING BUT NOT
LIMITED TO, DAMAGES FOR LOSS OF PROFITS, USE, DATA OR
OTHER INTANGIBLE, EVEN IF BuildTraffic.net HAS BEEN
ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. USER FURTHER
AGREES THAT BuildTraffic.net SHALL NOT BE LIABLE FOR ANY
DAMAGES ARISING FROM INTERRUPTION, SUSPENSION OR
TERMINATION OF SERVICE, INCLUDING BUT NOT LIMITED TO
DIRECT, INDIRECT, INCIDENTAL, SPECIAL CONSEQUENTIAL OR
EXEMPLARY DAMAGES, WHETHER SUCH INTERRUPTION, SUSPENSION
OR TERMINATION WAS JUSTIFIED OR NOT, NEGLIGENT OR
INTENTIONAL, INADVERTENT OR ADVERTENT. USER AGREES THAT BuildTraffic.net
SHALL NOT BE RESPONSIBLE OR LIABLE TO USER, OR ANYONE,
FOR THE STATEMENTS OR CONDUCT OF ANY THIRD PARTY OF THE
SERVICE. In sum, in no event shall BuildTraffic.net's
total liability to you for all damages, losses, and
causes of action exceed the amount paid by you to BuildTraffic.net,
if any, that is related to the cause of action.
SOME JURISDICTIONS DO NOT ALLOW THE LIMITATION OR
EXCLUSION OF WARRANTIES OR OF LIABILITY FOR INCIDENTAL
OR CONSEQUENTIAL DAMAGES SO SOME OF THE ABOVE
LIMITATIONS MAY NOT APPLY TO YOU.
PROPRIETARY RIGHTS
You acknowledge and agree that the Service and any
necessary software used in connection with the Service
("Software") contain proprietary and
confidential information that is protected by applicable
intellectual property and other laws. Except as
expressly authorized by BuildTraffic.net, you agree not
to modify, rent, lease, loan, sell, distribute or create
derivative works based on the Service or the Software,
in whole or in part.
BuildTraffic.net grants you a personal,
non-transferable, non-exclusive, and revocable right and
license to access its Software on a single computer;
provided that you do not (and do not allow any third
party to) copy, modify, create a derivative work of,
reverse engineer, reverse assemble or otherwise attempt
to discover any source code, sell, assign, sublicense,
grant a security interest in or otherwise transfer any
right in the Software. You agree not to modify the
Software in any manner or form, or to use modified
versions of the Software, including (without limitation)
for the purpose of obtaining unauthorized access to the
Service. You agree not to access the Service by any
means other than through the interface that is provided
by BuildTraffic.net for use in accessing the Service.
No Resale or Unauthorized Commercial Use: You agree not
to resell or assign Your rights or obligations under
these Terms. You also agree not to make any unauthorized
commercial use of the Service. Reseller rights are
expressly available only thru the official BuildTraffic.net
affiliate program.
No Agency: There is no agency, partnership, joint
venture, employee-employer or franchiser-franchisee
relationship between BuildTraffic.net and any User of
the Service.
Notice: Any notice shall be deemed received by us if
submitted in writing via certified postal mail, return
receipt requested, postage pre-paid.
Complete Agreement: This Agreement is the complete and
exclusive agreement between the parties with respect to
the subject matter hereof, superseding any prior
agreements and or communications regarding such subject
matter. This Agreement may only be modified, or any
rights under it waived, by a written document executed
by both parties.
Governing Law: These Terms and the relationship between
User and BuildTraffic.net shall be governed by the laws
of the State of Massachusetts without regard to its
conflict of law provisions. User and BuildTraffic.net
agrees to submit to the personal and exclusive
jurisdiction of the courts located within the county of
Providence, RI.
Right to Enforce: The failure of BuildTraffic.net to
exercise or enforce any right or provision of these
Terms shall not constitute a waiver of such right or
provision. If any provision of these Terms is found by a
court of competent jurisdiction to be invalid, the
parties nevertheless agree that the court should
endeavor to give effect to the parties' intentions as
reflected in the provision, and the other provisions of
these Terms shall remain in full force and effect.
Terms of Filing: User agrees 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 Service
or the these Terms must be filed within one (1) year
after such claim or cause of action arose or be forever
barred.
|