| Please
read and abide by the terms and conditions of TrafficGenerationClub.com
as set forth in this agreement. You must agree to these terms and
conditions prior to joining TrafficGenerationClub.com
WEBSITE SERVICE AGREEMENT/TERMS OF USE
The
services that TrafficGenerationClub.com provide to Member are subject
to the following Terms of Use ("TOU" or
“Agreement”).
TrafficGenerationClub.com require that all persons or entities visiting
this Website and those that become a Member agree to the TOU. Please
read the TOU carefully before continuing on with your use of this
Website or becoming a Member of the Website. The TOU shall govern the
use of the Website and apply to all Internet traffic visiting the
Website. 1.
ACCEPTANCE OF TERMS AND BINDING EFFECT THIS
IS A BINDING AGREEMENT. BY USING AND/OR VISITING THIS WEBSITE
(COLLECTIVELY, INCLUDING ALL CONTENT AVAILABLE THROUGH THE
TrafficGenerationClub.com DOMAIN NAME, THE
“WEBSITE”), YOU
(“Member,” “YOU” OR
“YOUR”) SIGNIFY
YOUR ASSENT TO THE TOU, THE WEBSITE’S PRIVACY POLICY, WHICH
IS
PUBLISHED AT TrafficGenerationClub.com
AND
LICENSES OBTAINED FROM THE UTILIZATION OF THE WEBSITE’S
SERVICES
AND WHICH ARE INCORPORATED HEREIN BY
REFERENCE.
IT IS YOUR RESPONSIBILITY TO REVIEW THE TOU PERIODICALLY. IF
AT
ANY TIME YOU FIND THE TOU AND INCORPORATED AGREEMENTS UNACCEPTABLE, YOU
MUST IMMEDIATELY LEAVE THE WEBSITE AND CEASE ALL USE OF THE SERVICES
AND THE WEBSITE. YOU AGREE THAT BY USING THE SERVICES YOU REPRESENT
THAT YOU ARE AT LEAST 18 YEARS OLD AND THAT YOU ARE LEGALLY ABLE TO
ENTER INTO THIS AGREEMENT. A.
TrafficGenerationClub.com reserve
the right to update the TOU at any time without notice to Member.
B.
The right to use TrafficGenerationClub.com is personal to Member and is
not transferable to any other person or entity. Member is responsible
for all use of Member's Account (under any screen name or password) and
for ensuring that all use of Member's Account complies fully with the
provisions of this Agreement. Member shall be responsible for
protecting the confidentiality of Member's password(s), if any.
C.
TrafficGenerationClub.com shall have the right at any time to change or
discontinue any aspect or feature of TrafficGenerationClub.com,
including, but not limited to, content, hours of availability, and
equipment needed for access or use. 2.
CHANGED TERMS The
most current version of the TOU can be reviewed by clicking on the
"Terms of Use" hypertext link located or published at the bottom of our
Web pages. TrafficGenerationClub.com shall
have the right at any time to change or modify the terms and conditions
applicable to Member's use of TrafficGenerationClub.com, or any part
thereof, or to impose new conditions, including, but not limited to,
adding fees and charges for use. Such changes, modifications, additions
or deletions shall be effective immediately upon notice thereof, which
may be given by means including, but not limited to, posting on
TrafficGenerationClub, or by electronic or conventional mail, or by any
other means by which Member obtains notice thereof. Any use of
TrafficGenerationClub.com by Member after such notice shall be deemed
to constitute acceptance by Member of such changes, modifications or
additions. 3.
DESCRIPTION OF SERVICES Through
the Website and its Web property, TrafficGenerationClub.com provides
Member with access to a variety of resources, including download areas,
software, communication forums and product information (collectively
"Services"). The Services, including any updates, enhancements, new
features, and/or the addition of any new Web properties, are subject to
the TOU, the privacy policy and licenses. 4. EQUIPMENT
Member
shall be responsible for obtaining and maintaining all telephone,
computer hardware, software and other equipment needed for access to
and use of TrafficGenerationClub.com and all charges related thereto.
5. MEMBER CONDUCT AND
PROHIBITIONS A.
Member shall use TrafficGenerationClub.com for lawful purposes only.
Member shall not post or transmit through
TrafficGenerationClub.com any material which violates or
infringes
in any way upon the rights of others, which is unlawful, threatening,
abusive, defamatory, invasive of privacy or publicity rights, vulgar,
obscene, profane or otherwise objectionable, which encourages conduct
that would constitute a criminal offense, give rise to civil liability
or otherwise violate any law, or which, without
TrafficGenerationClub.com express prior approval, contains advertising
or any solicitation with respect to products or services. Any conduct
by Member that in TrafficGenerationClub.com discretion restricts or
inhibits any other Member from using or enjoying
TrafficGenerationClub.com will not be permitted. Member shall not use
TrafficGenerationClub.com to advertise or perform any commercial
solicitation, including, but not limited to, the solicitation of
Members to become subscribers of other on-line information services
competitive with TrafficGenerationClub.com. B.
TrafficGenerationClub.com contains copyrighted material,
trademarks and other proprietary information, including, but not
limited to, text, software, photos, video, graphics, music and sound,
and the entire contents of TrafficGenerationClub.com are copyrighted as
a collective work under the United States copyright laws.
TrafficGenerationClub.com owns
a
copyright in the selection, coordination, arrangement and enhancement
of such content, as well as in the content original to it. Member may
not modify, publish, transmit, participate in the transfer or sale,
create derivative works, or in any way exploit, any of the content, in
whole or in part. Member may download copyrighted material for Member's
personal use only. Except as otherwise expressly permitted under
copyright law, no copying, redistribution, retransmission, publication
or commercial exploitation of downloaded material will be permitted
without the express permission of TrafficGenerationClub.com and the
copyright owner. In the event of any permitted copying, redistribution
or publication of copyrighted material, no changes in or deletion of
author attribution, trademark legend or copyright notice shall be made.
Member acknowledges that it does not acquire any ownership rights by
downloading copyrighted material. C.
Member shall not upload, post or otherwise make available on
TrafficGenerationClub.com any material protected by copyright,
trademark or other proprietary right without the express permission of
the owner of the copyright, trademark or other proprietary right and
the burden of determining that any material is not protected by
copyright rests with Member. Member shall be solely liable for any
damage resulting from any infringement of copyrights, proprietary
rights, or any other harm resulting from such a submission. By
submitting material to any public area of TrafficGenerationClub.com,
Member automatically grants, or warrants that the owner of such
material has expressly granted TrafficGenerationClub.com the
royalty-free, perpetual, irrevocable, non-exclusive right and license
to use, reproduce, modify, adapt, publish, translate and distribute
such material (in whole or in part) worldwide and/or to incorporate it
in other works in any form, media or technology now known or hereafter
developed for the full term of any copyright that may exist in such
material. Member also permits any other Member to access, view, store,
or reproduce the material for that Member's personal use. Member hereby
grants TrafficGenerationClub.com the right to edit, copy, publish and
distribute any material made available on
TrafficGenerationClub.com by Member. D.
The foregoing provisions of Section 5 are for the benefit of
TrafficGenerationClub.com, its subsidiaries, affiliates and its third
party content providers and licensors and each shall have the right to
assert and enforce such provisions directly or on its own behalf.
6. USE OF SERVICES AND
PROHIBITIONS A.
The Services may contain email services, bulletin board services, blog
services, chat areas, news groups, forums, communities, personal web
pages, calendars, photo albums, file cabinets and/or other message or
communication facilities designed to enable Member to communicate with
others (each a "Communication Service" and collectively "Communication
Services"). Member agrees to use the Communication Services only to
post, send and receive messages and material that are proper and, when
applicable, related to the particular Communication Service. By way of
example, and not as a limitation, Member agrees that when using the
Communication Services, Member will not:
• Use the
Communication Services in connection with surveys, contests, pyramid
schemes, chain letters, junk email, spamming or any duplicative or
unsolicited messages (commercial or otherwise);
• Defame, abuse, harass, stalk, threaten or otherwise
violate
the legal rights (such as rights of privacy and publicity) of others;
• Publish, post, upload, distribute or disseminate
any
inappropriate, profane, defamatory, obscene, indecent or unlawful
topic, name, material or information;
• Upload, or otherwise make available, files that
contain
images, photographs, software or other material protected by
intellectual property laws, including, by way of example, and not as
limitation, copyright or trademark laws (or by rights of privacy or
publicity) unless Member own or control the rights thereto or have
received all necessary consent to do the same;
• Use any material or information, including images
or
photographs, which are made available through the Services in any
manner that infringes any copyright, trademark, patent, trade secret,
or other proprietary right of any party;
• Upload files that contain viruses, Trojan horses,
worms,
time bombs, cancelbots, corrupted files, or any other similar software
or programs that may damage the operation of another's computer or
property of another;
• Advertise or offer to sell or buy any goods or
services for
any business purpose, unless such Communication Services specifically
allows such messages;
• Download any file posted by another Member of a
Communication Service that Member know, or reasonably should know,
cannot be legally reproduced, displayed, performed, and/or distributed
in such manner;
• Falsify or delete any copyright management
information,
such as author attributions, legal or other proper notices or
proprietary designations or labels of the origin or source of software
or other material contained in a file that is uploaded;
• Restrict or inhibit any other Member from using and
enjoying the Communication Services;
• Violate any code of conduct or other guidelines
which may
be applicable for any particular Communication Service;
• Harvest or otherwise collect information about
others, including email addresses;
• Violate any applicable laws or regulations;
• Create a false identity for the purpose of
misleading others;
• Use, download or otherwise copy, or provide
(whether or not
for a fee) to a person or entity any directory of Members of the
Services or other Member or usage information or any portion thereof.
B.
TrafficGenerationClub.com has no obligation to monitor the
Communication Services. However, TrafficGenerationClub.com reserves the
right to review materials posted to the Communication Services and to
remove any materials in its sole discretion. TrafficGenerationClub.com
reserves the right to terminate Member’s access to any or all
of
the Communication Services at any time, without notice, for any reason
whatsoever. TrafficGenerationClub.com reserves the right at all times
to disclose any information as it deems necessary to satisfy any
applicable law, regulation, legal process or governmental request, or
to edit, refuse to post or to remove any information or materials, in
whole or in part, in TrafficGenerationClub.com sole discretion.
C.
Materials uploaded to the Communication Services may be subject to
posted limitations on usage, reproduction and/or dissemination; Member
is responsible for adhering to such limitations if Member downloads the
materials. D. Always use
caution
when giving out any personally identifiable information in any
Communication Services. TrafficGenerationClub does not control or
endorse the content, messages or information found in any Communication
Services and, therefore, TrafficGenerationClub.com specifically
disclaims any liability with regard to the Communication Services and
any actions resulting from Member’s participation in any
Communication Services. Managers and hosts are not authorized
TrafficGenerationClub spokespersons, and their views do not necessarily
reflect those of TrafficGenerationClub. 7. MEMBER ACCOUNT, PASSWORD,
AND SECURITY If
any of the Services requires Member to open an account, Member must
complete the registration process by providing
TrafficGenerationClub.com with current, complete and accurate
information as prompted by the applicable registration form as well as
agree to all terms the Services. Member also will choose a password and
a Member name. Member is entirely responsible for maintaining the
confidentiality of Member’s password and account.
Furthermore,
Member is entirely responsible for any and all activities that occur
under Member’s account. Member agrees to notify
TrafficGenerationClub immediately of any unauthorized use of
Member’s account or any other breach of security.
TrafficGenerationClub.com will not be liable for any
loss
that Member may incur as a result of someone else using
Member’s
password or account, either with or without Member’s
knowledge.
However, Member could be held liable for losses incurred by
TrafficGenerationClub.com or another party due to someone else using
Member’s account or password. Member may not use anyone
else's
account at any time, without the permission of the account holder.
8. NOTICE SPECIFIC TO
SOFTWARE AVAILABLE ON THIS WEBSITE A.
Any software that is made available to download from the Services
("Software") is the copyrighted work of TrafficGenerationClub.com
and/or its suppliers. Use of the Software is governed by the TOU or any
accompanying license agreement. B.
The Software is made available for download solely for use or personal
use by end Members according to the TOU or any accompanying license
agreement. Any reproduction or redistribution of the Software
not
in accordance with the License Agreement is expressly prohibited by
law, and may result in severe civil and criminal penalties. The
Software is made available for download solely for use or personal use
by end Members according to the accompanying license
agreement.
Violators will have their licenses, provided with each product
download, revoked if they do not follow these terms and will be
prosecuted to the maximum extent possible. C.
WITHOUT LIMITING THE FOREGOING, COPYING OR REPRODUCTION OF THE SOFTWARE
TO ANY OTHER SERVER OR LOCATION FOR FURTHER REPRODUCTION OR
REDISTRIBUTION IS EXPRESSLY PROHIBITED, UNLESS SUCH REPRODUCTION OR
REDISTRIBUTION IS EXPRESSLY PERMITTED BY THE LICENSE AGREEMENT
ACCOMPANYING SUCH SOFTWARE. THE SOFTWARE IS WARRANTED, IF AT ALL, ONLY
ACCORDING TO THE TERMS OF THE LICENSE AGREEMENT. EXCEPT AS WARRANTED IN
THE LICENSE AGREEMENT, TrafficGenerationClub.COM. HEREBY DISCLAIMS ALL
WARRANTIES AND CONDITIONS WITH REGARD TO THE SOFTWARE, INCLUDING ALL
WARRANTIES AND CONDITIONS OF MERCHANTABILITY, WHETHER EXPRESS, IMPLIED
OR STATUTORY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND
NON-INFRINGEMENT. D. FOR
YOUR
CONVENIENCE, TrafficGenerationClub.com MAY MAKE AVAILABLE AS PART OF
THE SERVICES OR IN ITS SOFTWARE PRODUCTS, TOOLS AND UTILITIES FOR USE
AND/OR DOWNLOAD. TrafficGenerationClub.com DOES NOT MAKE ANY ASSURANCES
WITH REGARD TO THE ACCURACY OF THE RESULTS OR OUTPUT THAT DERIVES FROM
SUCH USE OF ANY SUCH TOOLS AND UTILITIES. PLEASE RESPECT THE
INTELLECTUAL PROPERTY RIGHTS OF OTHERS WHEN USING THE TOOLS AND
UTILITIES MADE AVAILABLE ON THE SERVICES. 9. NOTICE SPECIFIC TO
DOCUMENTS AVAILABLE ON THIS WEBSITE A.
Permission to use Documents (such as white papers, press releases,
datasheets and FAQs) from the Services is granted, provided that (1)
the below copyright notice appears in all copies and that both the
copyright notice and this permission notice appear, (2) use of such
Documents from the Services is for informational and non-commercial or
personal use only and will not be copied or posted on any network
computer or broadcast in any media, and (3) no modifications of any
Documents are made. Accredited educational institutions, such as
universities, private/public colleges, and state community colleges,
may download and reproduce the Documents for distribution in the
classroom. Distribution outside the classroom requires express written
permission. Use for any other purpose is expressly prohibited by law,
and may result in severe civil and criminal penalties. Violators will
be prosecuted to the maximum extent possible. B. AFFILIATEPROFITSCLUB.COM
AND/OR ITS RESPECTIVE SUPPLIERS MAKE NO REPRESENTATIONS ABOUT THE
SUITABILITY OF THE INFORMATION CONTAINED IN THE DOCUMENTS AND RELATED
GRAPHICS PUBLISHED AS PART OF THE SERVICES FOR ANY PURPOSE. ALL SUCH
DOCUMENTS AND RELATED GRAPHICS ARE PROVIDED "AS IS" WITHOUT WARRANTY OF
ANY KIND. TrafficGenerationClub.com AND/OR ITS RESPECTIVE SUPPLIERS
HEREBY DISCLAIM ALL WARRANTIES AND CONDITIONS WITH REGARD TO THIS
INFORMATION, INCLUDING ALL WARRANTIES AND CONDITIONS OF
MERCHANTABILITY, WHETHER EXPRESS, IMPLIED OR STATUTORY, FITNESS FOR A
PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT. IN NO EVENT SHALL
TrafficGenerationClub.com AND/OR ITS RESPECTIVE SUPPLIERS BE LIABLE FOR
ANY SPECIAL, INDIRECT OR CONSEQUENTIAL DAMAGES OR ANY DAMAGES
WHATSOEVER RESULTING FROM LOSS OF USE, DATA OR PROFITS, WHETHER IN AN
ACTION OF CONTRACT, NEGLIGENCE OR OTHER TORTIOUS ACTION, ARISING OUT OF
OR IN CONNECTION WITH THE USE OR PERFORMANCE OF INFORMATION AVAILABLE
FROM THE SERVICES. C.
THE
DOCUMENTS AND RELATED GRAPHICS PUBLISHED ON THE SERVICES COULD INCLUDE
TECHNICAL INACCURACIES OR TYPOGRAPHICAL ERRORS. CHANGES ARE
PERIODICALLY ADDED TO THE INFORMATION
HEREIN. AFFILIATEPROFITSCLUB.COM AND/OR ITS RESPECTIVE
SUPPLIERS
MAY MAKE IMPROVEMENTS AND/OR CHANGES IN THE PRODUCT(S) AND/OR THE
PROGRAM(S) DESCRIBED HEREIN AT ANY TIME. 10. NOTICES REGARDING
SOFTWARE, DOCUMENTS AND SERVICES AVAILABLE ON THIS SITE
IN
NO EVENT SHALL AFFILIATEPROFITSCLUB.COM AND/OR ITS RESPECTIVE
SUPPLIERS BE LIABLE FOR SPECIAL, INDIRECT OR CONSEQUENTIAL DAMAGES OR
ANY DAMAGES WHATSOEVER RESULTING FROM LOSS OF USE, DATA OR PROFITS,
WHETHER IN AN ACTION OF CONTRACT, NEGLIGENCE OR OTHER TORTIOUS ACTION,
ARISING OUT OF OR IN CONNECTION WITH THE USE OR PERFORMANCE OF
SOFTWARE, DOCUMENTS, PROVISION OF OR FAILURE TO PROVIDE SERVICES, OR
INFORMATION AVAILABLE FROM THE SERVICES. 11. MATERIALS PROVIDED
TO AFFILIATEPROFITSCLUB.COM OR POSTED AT ANY OF ITS WEBSITES
A.
TrafficGenerationClub.com do not claim ownership of the materials
Member provide to TrafficGenerationClub. (including feedback and
suggestions) or post, upload, input or submit to any Services or its
associated services for review by the general public, or by the Members
of any public or private community, (each a "Submission" and
collectively "Submissions"). However, by posting, uploading, inputting,
providing or submitting ("Posting") Member’s Submission
Member is
granting TrafficGenerationClub, its affiliated companies and necessary
sublicensees permission to use Member’s Submission in
connection
with the operation of their Internet businesses (including, without
limitation, all TrafficGenerationClub.com
Services),
including, without limitation, the license rights to: copy, distribute,
transmit, publicly display, publicly perform, reproduce, edit,
translate and reformat Member’s Submission; to publish
Member’s name in connection with Member’s
Submission; and
the right to sublicense such rights to any supplier of the Services. No
compensation will be paid with respect to the use of Member’s
Submission, as provided herein. TrafficGenerationClub is under no
obligation to post or use any Submission Member may provide and
TrafficGenerationClub may remove any Submission at any time in its sole
discretion. By Posting a Submission Member warrants and represents to
own or otherwise control all of the rights to Member’s
Submission
as described in these TOU Use including, without limitation, all the
rights necessary for Member to provide, post, upload, input or submit
the Submissions. B. In
addition to
the warranty and representation set forth above, by Posting a
Submission that contain images, photographs, pictures or that are
otherwise graphical in whole or in part ("Images"), Member warrant and
represent that (a) Member is the copyright owner of such Images, or
that the copyright owner of such Images has granted Member permission
to use such Images or any content and/or images contained in such
Images consistent with the manner and purpose of Member’s use
and
as otherwise permitted by these TOU and the Services, (b) Member have
the rights necessary to grant the licenses and sublicenses described in
these Terms of Use, and (c) that each person depicted in such Images,
if any, has provided consent to the use of the Images as set forth in
these TOU, including, by way of example, and not as a limitation, the
distribution, public display and reproduction of such Images. By
Posting Images, Member is granting (a) to all Members of
Member’s
private community (for each such Images available to Members of such
private community), and/or (b) to the general public (for each such
Images available anywhere on the Services, other than a private
community), permission to use Member’s Images in connection
with
the use, as permitted by these Terms of Use, of any of the Services,
(including, by way of example, and not as a limitation, making prints
and gift items which include such Images), and including, without
limitation, a non-exclusive, world-wide, royalty-free license to: copy,
distribute, transmit, publicly display, publicly perform, reproduce,
edit, translate and reformat Member’s Images without having
Member’s name attached to such Images, and the right to
sublicense such rights to any supplier of the Services. The licenses
granted in the preceding sentences for a Images will terminate at the
time Member completely remove such Images from the Services, provided
that, such termination shall not affect any licenses granted in
connection with such Images prior to the time Member completely remove
such Images. No compensation will be paid with respect to the use of
Member’s Images. C.
TrafficGenerationClub.com is a distributor (and not a publisher) of
content supplied by third parties and Members. Accordingly,
TrafficGenerationClub.com has no more editorial control over such
content than does a public library, bookstore, or newsstand. Any
opinions, advice, statements, services, offers, or other information or
content expressed or made available by third parties, including
information providers, Members or any other Member of
TrafficGenerationClub.com, are those of the respective author(s) or
distributor(s) and not of TrafficGenerationClub.com,
The TrafficGenerationClub.com
nor any third-party provider of information guarantees the accuracy,
completeness, or usefulness of any content, nor its merchantability or
fitness for any particular purpose. 11.
NOTICE TO PARENTS AND CHILDREN We
adhere to the Children's Privacy Act. You must be 18 years of age to
join or use TrafficGenerationClub.com or any of the recommended or
linked sites. This site follows the guidelines, policies and laws of
the Federal Trade Commission (www.ftc.gov). We retain the right
to refuse anyone membership in any of our sites. 12. COMPLIANCE WITH
ALL INTELLECTUAL PROPERTY LAWS When
accessing the Website or using the Services, you agree to obey the law
and to respect the intellectual property rights of others. Your use of
the Services and the Website is at all times governed by and subject to
laws regarding copyright ownership and use of intellectual property.
You agree not to upload, download, display, perform, transmit, or
otherwise distribute any information or Materials in violation of any
third party’s copyrights, trademarks, or other intellectual
property or proprietary rights. You agree to abide by laws regarding
copyright ownership and use of intellectual property, and you shall be
solely responsible for any violations of any relevant laws and for any
infringements of third party rights caused by any Materials you provide
or transmit, or that is provided or transmitted using your Member
ID. The burden of proving that any Materials do not violate
any
laws or third party rights rests solely with you. 13. DISCLAIMER OF WARRANTY;
LIMITATION OF LIABILITY A.
MEMBER EXPRESSLY AGREES THAT USE OF AFFILIATEPROFITSCLUB.COM IS AT
MEMBER'S SOLE RISK. NEITHER AFFILIATEPROFITSCLUB.COM, ITS AFFILIATES
NOR ANY OF THEIR RESPECTIVE EMPLOYEES, AGENTS, THIRD PARTY CONTENT
PROVIDERS OR LICENSORS WARRANT THAT TrafficGenerationClub.com
WILL
BE UNINTERRUPTED OR ERROR FREE; NOR DO THEY MAKE ANY WARRANTY AS TO THE
RESULTS THAT MAY BE OBTAINED FROM USE OF AFFILIATEPROFITSCLUB.COM, OR
AS TO THE ACCURACY, RELIABILITY OR CONTENT OF ANY INFORMATION, SERVICE,
OR MERCHANDISE PROVIDED THROUGH AFFILIATEPROFITSCLUB.COM
B. AFFILIATEPROFITSCLUB.COM
IS PROVIDED ON AN "AS IS" BASIS WITHOUT WARRANTIES OF ANY KIND, EITHER
EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, WARRANTIES OF TITLE
OR IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR
PURPOSE, OTHER THAN THOSE WARRANTIES WHICH ARE IMPLIED BY AND INCAPABLE
OF EXCLUSION, RESTRICTION OR MODIFICATION UNDER THE LAWS APPLICABLE TO
THIS AGREEMENT. C. THIS
SECTION
APPLIES TO ANY DAMAGES OR INJURY CAUSED BY ANY FAILURE OF PERFORMANCE,
ERROR, OMISSION, INTERRUPTION, DELETION, DEFECT, DELAY IN OPERATION OR
TRANSMISSION, COMPUTER VIRUS, COMMUNICATION LINE FAILURE, THEFT OR
DESTRUCTION OR UNAUTHORIZED ACCESS TO, ALTERATION OF, OR USE OF RECORD,
WHETHER FOR BREACH OF CONTRACT, TORTIOUS BEHAVIOR, NEGLIGENCE, OR UNDER
ANY OTHER CAUSE OF ACTION. MEMBER SPECIFICALLY ACKNOWLEDGES
THAT AFFILIATEPROFITSCLUB.COM IS NOT LIABLE FOR THE
DEFAMATORY,
OFFENSIVE OR ILLEGAL CONDUCT OF OTHER MEMBERS OR THIRD-PARTIES AND THAT
THE RISK OF INJURY FROM THE FOREGOING RESTS ENTIRELY WITH MEMBER.
D. IN NO EVENT WILL
AFFILIATEPROFITSCLUB.COM, OR ANY PERSON OR ENTITY INVOLVED IN CREATING,
PRODUCING OR DISTRIBUTING AFFILIATEPROFITSCLUB.COM
OR
THE AFFILIATEPROFITSCLUB.COM SOFTWARE, BE LIABLE FOR ANY
DAMAGES,
INCLUDING, WITHOUT LIMITATION, DIRECT, INDIRECT, INCIDENTAL, SPECIAL,
CONSEQUENTIAL OR PUNITIVE DAMAGES ARISING OUT OF THE USE OF OR
INABILITY TO USE Memberspeed Inc, MEMBER HEREBY
ACKNOWLEDGES
THAT THE PROVISIONS OF THIS SECTION SHALL APPLY TO ALL CONTENT ON THE
SITE. E. IN ADDITION TO THE
TERMS
SET FORTH ABOVE NEITHER, AFFILIATEPROFITSCLUB.COM, NOR ITS AFFILIATES,
INFORMATION PROVIDERS OR CONTENT PARTNERS SHALL BE LIABLE REGARDLESS OF
THE CAUSE OR DURATION, FOR ANY ERRORS, INACCURACIES, OMISSIONS, OR
OTHER DEFECTS IN, OR UNTIMELINESS OR UNAUTHENTICITY OF, THE INFORMATION
CONTAINED WITHIN AFFILIATEPROFITSCLUB.COM,
OR FOR ANY DELAY OR INTERRUPTION IN THE TRANSMISSION THEREOF TO THE
MEMBER, OR FOR ANY CLAIMS OR LOSSES ARISING THEREFROM OR OCCASIONED
THEREBY. NONE OF THE FOREGOING PARTIES SHALL BE LIABLE FOR ANY
THIRD-PARTY CLAIMS OR LOSSES OF ANY NATURE, INCLUDING, BUT NOT LIMITED
TO, LOST PROFITS, PUNITIVE OR CONSEQUENTIAL DAMAGES. F.
PRIOR TO THE EXECUTION OF A STOCK TRADE, MEMBERS ARE ADVISED TO CONSULT
WITH YOUR BROKER OR OTHER FINANCIAL REPRESENTATIVE TO VERIFY PRICING OR
OTHER INFORMATION. AFFILIATEPROFITSCLUB.COM, ITS AFFILIATES,
INFORMATION PROVIDERS OR CONTENT PARTNERS SHALL HAVE NO LIABILITY FOR
INVESTMENT DECISIONS BASED ON THE INFORMATION PROVIDED. NEITHER,
AFFILIATEPROFITSCLUB.COM, NOR ITS AFFILIATES, INFORMATION PROVIDERS OR
CONTENT PARTNERS WARRANT OR GUARANTEE THE TIMELINESS, SEQUENCE,
ACCURACY OR COMPLETENESS OF THIS INFORMATION. ADDITIONALLY, THERE IS NO
WARRANTIES AS TO THE RESULTS OBTAINED FROM THE USE OF THE INFORMATION.
G.
FORCE MAJEURE – NEITHER PARTY WILL BE RESPONSIBLE FOR ANY
FAILURE
OR DELAY IN PERFORMANCE DUE TO CIRCUMSTANCES BEYOND ITS REASONABLE
CONTROL, INCLUDING, WITHOUT LIMITATION, ACTS OF GOD, WAR, RIOT,
EMBARGOES, ACTS OF CIVIL OR MILITARY AUTHORITIES, FIRE, FLOODS,
ACCIDENTS, SERVICE OUTAGES RESULTING FROM EQUIPMENT AND/OR SOFTWARE
FAILURE AND/OR TELECOMMUNICATIONS FAILURES, POWER FAILURES, NETWORK
FAILURES, FAILURES OF THIRD PARTY SERVICE PROVIDERS (INCLUDING
PROVIDERS OF INTERNET SERVICES AND TELECOMMUNICATIONS). THE PARTY
AFFECTED BY ANY SUCH EVENT SHALL NOTIFY THE OTHER PARTY WITHIN A
MAXIMUM OF FIFTEEN (15) CALENDAR DAYS FROM ITS OCCURENCE. THE
PERFORMANCE OF THS AGREEMENT SHALL THEN BE SUSPENDED FOR AS LONG AS ANY
SUCH EVENT SHALL PREVENT THE AFFECTED PARTY FROM PERFORMING ITS
OBLIGATIONS UNDER THIS AGREEMENT. 14.
NO INCOME GUARANTEE AFFILIATEPROFITSCLUB.com make
no claim regarding income guarantees or results from using its
products, services, recommendations or any partner services. You are
joining AFFILIATEPROFITSCLUB.com as a Member on your own free
will. 15.
LINKS TO THIRD PARTY SITES A.
THE LINKS IN THIS AREA WILL LET YOU LEAVE AFFILIATEPROFITSCLUB.COM'S
SITE. THE LINKED SITES ARE NOT UNDER THE CONTROL OF
AFFILIATEPROFITSCLUB.COM. THE INTERNET
COMPANY AFFILIATEPROFITSCLUB.COM
ARE NOT RESPONSIBLE FOR THE CONTENTS OF ANY LINKED SITE OR ANY LINK
CONTAINED IN A LINKED SITE, OR ANY CHANGES OR UPDATES TO SUCH
SITES. AFFILIATEPROFITSCLUB.COM ARE
NOT RESPONSIBLE FOR WEBCASTING OR ANY OTHER FORM OF TRANSMISSION
RECEIVED FROM ANY LINKED SITE. AFFILIATEPROFITSCLUB.com ARE
PROVIDING THESE LINKS TO YOU ONLY AS A CONVENIENCE, AND THE INCLUSION
OF ANY LINK DOES NOT IMPLY ENDORSEMENT
BY AFFILIATEPROFITSCLUB.COM
OF THE SITE. B.
TrafficGenerationClub.com is a distributor (and not a publisher) of
content supplied by third parties and Members. Accordingly,
TrafficGenerationClub.com has no more editorial control over such
content than does a public library, bookstore, or newsstand. Any
opinions, advice, statements, services, offers, or other information or
content expressed or made available by third parties, including
information providers, Members or any other Member of TrafficGenerationClub.com,
are those of the respective author(s) or distributor(s) and not of
TrafficGenerationClub.com and. Neither TrafficGenerationClub.com nor
any third-party provider of information guarantees the accuracy,
completeness, or usefulness of any content, nor its merchantability or
fitness for any particular purpose. C.
In many instances, the content available through TrafficGenerationClub.com
represents the opinions and judgments of the respective information
provider, Member, or other Member not under contract with
TrafficGenerationClub.
TrafficGenerationClub.com neither endorses nor is
responsible for the accuracy or reliability of any opinion, advice or
statement made on TrafficGenerationClub.com
by anyone other than authorized TrafficGenerationClub.com employee
spokespersons while acting in their official capacities. Under no
circumstances will TrafficGenerationClub.com be liable for any loss or
damage caused by a Member's reliance on information obtained through TrafficGenerationClub.com
It is the responsibility of Member to evaluate the accuracy,
completeness or usefulness of any information, opinion, advice or other
content available through TrafficGenerationClub.com Please
seek
the advice of professionals, as appropriate, regarding the evaluation
of any specific information, opinion, advice or other content.
16. UNSOLICITED IDEA
SUBMISSION POLICY AFFILIATEPROFITSCLUB.COM OR
ANY OF ITS EMPLOYEES DO NOT ACCEPT OR CONSIDER UNSOLICITED IDEAS,
INCLUDING IDEAS FOR NEW ADVERTISING CAMPAIGNS, NEW PROMOTIONS, NEW
PRODUCTS OR TECHNOLOGIES, PROCESSES, MATERIALS, MARKETING PLANS OR NEW
PRODUCT NAMES. PLEASE DO NOT SEND ANY ORIGINAL CREATIVE ARTWORK,
SAMPLES, DEMOS, OR OTHER WORKS. THE SOLE PURPOSE OF THIS POLICY IS TO
AVOID POTENTIAL MISUNDERSTANDINGS OR DISPUTES WHEN
AFFILIATEPROFITSCLUB.COM'S PRODUCTS OR MARKETING STRATEGIES MIGHT SEEM
SIMILAR TO IDEAS SUBMITTED TO AFFILIATEPROFITSCLUB.COM.
SO,
PLEASE DO NOT SEND YOUR UNSOLICITED IDEAS
TO AFFILIATEPROFITSCLUB.COM OR ANYONE
AT AFFILIATEPROFITSCLUB.COM IF, DESPITE OUR REQUEST THAT YOU
NOT
SEND US YOUR IDEAS AND MATERIALS, YOU STILL SEND THEM, PLEASE
UNDERSTAND THAT AFFILIATEPROFITSCLUB.COM MAKES NO ASSURANCES
THAT
YOUR IDEAS AND MATERIALS WILL BE TREATED AS CONFIDENTIAL OR PROPRIETARY.
17. PRIVACY POLICY
TrafficGenerationClub.com respects
your privacy and permits Members to control the treatment of personal
information. A complete statement of
TrafficGenerationClub.com
current Privacy Policy can be reviewed by clicking on the "Privacy
Policy" hypertext link located or published at the bottom of our Web
pages. 18.
MONITORING TrafficGenerationClub.com shall
have the right, but not the obligation, to monitor the content of
TrafficGenerationClub.com, including chat rooms and forums, to
determine compliance with this Agreement and any operating rules
established by TrafficGenerationClub.com and to satisfy any law,
regulation or authorized government request. TrafficGenerationClub.com
shall have the right in its sole discretion to edit, refuse to post or
remove any material submitted to or posted on
TrafficGenerationClub.com. Without limiting the foregoing,
TrafficGenerationClub.com shall have the right to remove any material
that TrafficGenerationClub.com, in its sole discretion, finds to be in
violation of the provisions hereof or otherwise objectionable.
19. INDEMNIFICATION
Member
agrees to defend, indemnify and hold harmless
TrafficGenerationClub.com, its affiliates and their respective
directors, officers, employees and agents from and against all claims
and expenses, including attorneys' fees, arising out of the use of
TrafficGenerationClub.com by Member or Member's Account. 20. TERMINATION
Either
TrafficGenerationClub.com or Member may terminate this Agreement at any
time. Without limiting the foregoing, TrafficGenerationClub.com shall
have the right to immediately terminate Member's Account in the event
of any conduct by Member which TrafficGenerationClub.com, in its sole
discretion, considers to be unacceptable, or in the event of any breach
by Member of this Agreement. 21.
PAYMENTS AND REFUND POLICY A.
Members are charged for Services. If you pay someone other
than
us for these Services, then the charges and billing terms are as stated
by the other company or third-party. Even if you do not pay for the
some of the Services, you may still incur charges incidental to using
the Services; for example, charges for Internet access, mobile text
messaging, or other data transmission. The price for the
Services
will be assed all applicable taxes and charges unless stated
otherwise. These taxes and charges are your
responsibility.
Currency exchange settlements are based on your agreement with your
payment method provider. TrafficGenerationClub.com reserves
the
right to change pricing from time to time, but it will be posted on the
Website before you incur any billing. If you do not agree to
these changes, then you must cancel and stop using the Website before
the changes take place. B.
When you create an account, you enter your payment method.
You
must be authorized to use the payment method. You authorize
TrafficGenerationClub.com to charge you for the Services using your
payment method and for any paid feature of the Services for which you
choose to sign-up for. TrafficGenerationClub.com may bill you
for
more than one of your prior billing periods together. C.
TrafficGenerationClub.com will provide you with an online billing
statement accessible online through your Member Account. This
is
the only billing statement that TrafficGenerationClub.com
provides. If you request a paper copy,
TrafficGenerationClub.com
may charge you a retrieval fee. TrafficGenerationClub.com
will
only provide paper copies for the past 120 days. If
TrafficGenerationClub.com makes an error on your bill,
TrafficGenerationClub.com will correct it promptly after you tell us
and TrafficGenerationClub.com investigates
the charge. You must tell us within 120 days after an error
first
appears on your bill. You release us from all liability and
claims of loss resulting from any error that you do not report to us
within 120 days after the error first appears on your online statement.
If you do not tell us within this time, TrafficGenerationClub.com will
not be required to correct the error.
TrafficGenerationClub.com
can correct billing errors at any time. D. You may cancel your TrafficGenerationClub.com membership
at anytime you desire, however there will be no refunds for any charges
processed within 36 hours of your cancellation notice. The act of
canceling can be made via email or using the cancellation form inside
the member area, however the act of canceling does not constitute an
automatic cancellation of your billing. If you cancel after a payment
has been processed, there will be no refunds for that payment.
Cancellation requests must contain your name, username and date joined.
If any of this information is missing, the cancellation request may not
be processed and you are liable for all membership fees until
TrafficGenerationClub.com receives required information. Membership
fees are lifetime for membership. Lifetime constitutes the
lifetime of the member or TrafficGenerationClub.com.
E. TrafficGenerationClub.com reserves
the right to cancel any member for reasons that it feels are
detrimental to the site, its members, its partners or the future
success of itself. Cancellations performed by TrafficGenerationClub.com
are final and any restitution will be the membership fee
paid within the past 30 days. 22. ENTIRE
AGREEMENT This
Agreement and the privacy policy, licenses and any operating rules for
TrafficGenerationClub.com established by MemberSpeed
Inc, constitute the entire agreement of the parties and
supersede
all previous written or oral agreements between the parties.
23. ARBITRATION
Each
party to this Agreement expressly agrees that all disputes, claims or
controversies that exist or may come to exist between them including,
without limitation, all disputes, claims or controversies that exist or
may arise out of, under or in connection with this Agreement, first to
binding arbitration located in Washoe County, Nevada, United States in
accordance with the Commercial Arbitration Procedures of the American
Arbitration Association. The parties agree that
judgment
upon the arbitration award will be final, binding and conclusive upon
each party and may be entered into any court having
jurisdiction.
In the case of action under this Section, the prevailing party shall be
entitled to recover its costs of the proceeding, including reasonable
attorneys' fees and out of pocket expenses. 24. CHOICE OF LAW, VENUE AND
FORUM The
TOU, the privacy policy, licenses and any operating rules for TrafficGenerationClub.com shall
be construed in accordance with and governed by the laws of the United
States and the State of Nevada, without reference to their rules
regarding conflicts of law. You hereby irrevocably consent to the
exclusive jurisdiction of the state or federal courts in Washoe County,
Nevada, United States in all disputes arising out of or related to the
use of the Website or Services 25.
SEVERABILITY If,
for whatever reason, a court of competent jurisdiction finds any term
or condition in these Terms of Use to be unenforceable, all other terms
and conditions will remain unaffected and in full force and effect.
26. WAIVER
No
waiver of any breach of any provision of these Terms of Use shall
constitute a waiver of any prior, concurrent, or subsequent breach of
the same or any other provisions hereof, and no waiver shall be
effective unless made in writing and signed by an authorized
representative of the waiving party. 27.
HEADINGS The
section headings used herein are for convenience only and shall not be
given any legal importance. 28.
COPYRIGHT All
contents of Website or Services are: © 2009
TrafficGenerationClub.com All rights reserved. 29. TRADEMARKS
TrafficGenerationClub.com its
logos are trademarks of Power House Technology LLC used under
license by MemberSpeed Inc. All other trademarks, names of
actual
companies and products appearing on mentioned herein on the Website are
the property of their respective owners. The example
companies,
organizations, products, domain names, email addresses, logos, people
and events depicted herein are fictitious. No association with any real
company, organization, product, domain name, email address, logo,
person, or event is intended or should be inferred. 30. NO LICENSE
Nothing
contained on the Website should be understood as granting you a license
to use any of the trademarks, service marks, logos and the like owned
by TrafficGenerationClub.com or by any third party. 31. NOTICES
Any notices to
TrafficGenerationClub.com shall be given by email to support @
TrafficGenerationClub.com and
by certified mail, return receipt requested MemberSpeed, Inc, 2248
Meridian Blvd. Suite H, Minden, NV 89423, United States and as may be
otherwise directed by TrafficGenerationClub.com. Any notice
to
Members shall be sent by email to the email address provided by the
Member. Email notices to a Member shall be deemed delivered
twenty-four (24) hours from the time the email is sent.
Notices
to TrafficGenerationClub.com shall be deemed delivered five (5)
calendar days after sent by certified mail.
32. COPYRIGHT
INFRINGEMENT
TrafficGenerationClub.com has
in place certain legally mandated procedures regarding allegations of
copyright infringement occurring on the Website or with the Services.
TrafficGenerationClub.com has adopted a policy that provides for the
immediate suspension and/or termination of any Website or Services
Member who is found to have infringed on the rights of
TrafficGenerationClub.com or of a third party, or otherwise violated
any intellectual property laws or regulations.
TrafficGenerationClub.com's policy is to investigate any allegations of
copyright infringement brought to its attention. If you have evidence,
know, or have a good faith belief that your rights or the rights of a
third party have been violated and you want TrafficGenerationClub.com
to delete, edit, or disable the material in question, you must provide
TrafficGenerationClub.com with all of the following information: (a) a
physical or electronic signature of a person authorized to act on
behalf of the owner of the exclusive right that is allegedly infringed;
(b) identification of the copyrighted work claimed to have been
infringed, or, if multiple copyrighted works are covered by a single
notification, a representative list of such works; (c) identification
of the material that is claimed to be infringed or to be the subject of
infringing activity and that is to be removed or access to which is to
be disabled, and information reasonably sufficient to permit
TrafficGenerationClub to locate the material; (d) information
reasonably sufficient to permit TrafficGenerationClub.com to contact
you, such as an address, telephone number, and if available, an
electronic mail address at which you may be contacted; (e) a statement
that you have a good faith belief that use of the material in the
manner complained of is not authorized by the copyright owner, its
agent, or the law; and (f) a statement that the information in the
notification is accurate, and under penalty of perjury, that you are
authorized to act on behalf of the owner of an exclusive right that is
allegedly infringed. For this notification to be effective, you must
provide it to the Copyright Infringement Unit ,support @
TrafficGenerationClub.com and by certified mail, return receipt
requested MemberSpeed, Inc. 2248 Meridian Blvd. Suite
H,
Minden, NV 89423, United States 33. ACKNOWLEDGEMENT
BY
USING THE SERVICES OR ACCESSING THE WEBSITE, YOU ACKNOWLEDGE THAT YOU
HAVE READ THESE TERMS OF USE AND AGREE TO BE BOUND BY THEM. Any rights not expressly granted herein are
reserved.
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