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WEBSITE
TERMS OF USE
If
you do not agree to the Terms of Use, discontinue using the site
immediately!
By using this site,
you signify your Assent and Agreement to these Terms of Use. If
you do not agree to these Terms of Use, do not use the site.
Restrictions on Use
of Materials
Materials in this
website are Copyrighted and all rights are reserved. Text,
graphics, databases, HTML code, and other intellectual property
are protected by US and International Copyright Laws, and may
not be copied, reprinted, published, reengineered, translated,
hosted, or otherwise distributed by any means without explicit
permission. All of the trademarks on this site are trademarks of
TrafficTesters or of other owners used with their permission.
Database Ownership,
License, and Use
TrafficTesters
warrants, and you accept, that TrafficTesters is the owner of
the copyright of the Databases of Links to articles and
resources available from time to time through
www.TrafficTesters.com. TrafficTesters and its contributors
reserve all rights and no intellectual property rights are
conferred by this agreement.
TrafficTesters
grants you a non-exclusive, non-transferable license to use
database(s) accessible to you subject to these Terms and
Conditions. The database(s) may be used only for viewing
information or for extracting information to the extent
described below.
You agree to use
information obtained from TrafficTesters's databases only for
your own private use or the internal purposes of your home or
business, provided that is not the selling or broking of
information, and in no event cause or permit to be published,
printed, downloaded, transmitted, distributed, reengineered, or
reproduced in any form any part of the databases (whether
directly or in condensed, selective or tabulated form) whether
for resale, republishing, redistribution, viewing, or otherwise.
Nothing herein shall authorize you to create any database,
directory or hard copy publication of or from the databases,
whether for internal or external distribution or use.
Liability
The materials in
this site are provided "as is" and without warranties of any
kind either express or implied. TrafficTesters disclaims all
warranties, express or implied, including, but not limited to,
implied warranties of merchantability and fitness for a
particular purpose. TrafficTesters does not warrant that the
functions contained in the materials will be uninterrupted or
error-free, that defects will be corrected, or that this site or
the server that makes it available are free of viruses or other
harmful components. TrafficTesters does not warrant or make any
representations regarding the use or the results of the use of
the materials in this site in terms of their correctness,
accuracy, reliability, or otherwise. You (and not TrafficTesters
assume the entire cost of all necessary servicing, repair or
correction. Applicable law may not allow the exclusion of
implied warranties, so the above exclusion may not apply to you.
Under no
circumstances, including, but not limited to, negligence, shall
TrafficTesters be liable for any special or consequential
damages that result from the use of, or the inability to use,
the materials in this site, even if TrafficTesters or a
TrafficTesters authorized representative has been advised of the
possibility of such damages. Applicable law may not allow the
limitation or exclusion of liability or incidental or
consequential damages, so the above limitation or exclusion may
not apply to you. In no event shall TrafficTesters's total
liability to you for all damages, losses, and causes of action
(whether in contract, tort, including but not limited to,
negligence or otherwise) exceed the amount paid by you, if any,
for accessing this site.
Facts and
information at this website are believed to be accurate at the
time they were placed on the website. Changes may be made at any
time without prior notice. All data provided on this website is
to be used for information purposes only. The information
contained on this website and pages within, is not intended to
provide specific legal, financial or tax advice, or any other
advice, whatsoever, for any individual or company and should not
be relied upon in that regard. The services described on this
website are only offered in jurisdictions where they may be
legally offered. Information provided in our website is not
all-inclusive, and is limited to information that is made
available to TrafficTesters and such information should not be
relied upon as all-inclusive or accurate.
Links and Marks
The owner of this
site is not necessarily affiliated with sites that may be linked
to this site and is not responsible for their content. The
linked sites are for your convenience only and you access them
at your own risk. Links to other websites or references to
products, services or publications other than those of
TrafficTesters and its subsidiaries and affiliates at this
website, do not imply the endorsement or approval of such
websites, products, services or publications by TrafficTesters
or its subsidiaries and affiliates.
Certain names,
graphics, logos, icons, designs, words, titles or phrases at
this website may constitute trade names, trademarks or service
marks of TrafficTesters or of other entities. The display of
trademarks on this website does not imply that a license of any
kind has been granted. Any unauthorized downloading,
re-transmission, or other copying of modification of trademarks
and/or the contents herein may be a violation of federal common
law trademark and/or copyright laws and could subject the copier
to legal action.
Confidentiality of
Codes, Passwords and Information
You agree to treat
as strictly private and confidential any Subscriber Code,
username, user ID, or password which you may have received from
TrafficTesters, and all information to which you have access
through password-protected areas of TrafficTesters's websites
and will not cause or permit any such information to be
communicated, copied or otherwise divulged to any other person
whatsoever.
Other Legal Stuff
These Terms of Use
will apply to every access to www.TrafficTesters.com.
TrafficTesters reserves the right to issue revisions to these
Terms of Use by publishing a revised version of this document on
this site: that version will then apply to all use by you
following the date of publication. Each access of information
from TrafficTesters will be a separate, discrete transaction
based on the then prevailing terms.
This Terms of Use
and the license granted may not be assigned or sublet by You
without TrafficTesters's written consent in advance.
These Terms of Use
shall be governed by, construed and enforced in accordance with
the laws of the Minnesota, as it is applied to agreements
entered into and to be performed entirely within such
jurisdiction.
To the extent you
have in any manner violated or threatened to violate
TrafficTesters and/or its affiliates' intellectual property
rights, TrafficTesters and/or its affiliates may seek injunctive
or other appropriate relief in any state or federal court in the
State of Minnesota, and you consent to exclusive jurisdiction
and venue in such courts.
Any other disputes
will be resolved as follows:
If a dispute arises
under this agreement, we agree to first try to resolve it with
the help of a mutually agreed-upon mediator in the following
location: Pope County, MN. Any costs and fees other than
attorney fees associated with the mediation are the individual
responsibility of the party that incurred them.
If it proves
impossible to arrive at a mutually satisfactory solution through
mediation, we agree to submit the dispute to binding arbitration
at the following location: Pope County, MN, under the rules of
the American Arbitration Association. Judgment upon the award
rendered by the arbitration may be entered in any court with
jurisdiction to do so.
If any provision of
this agreement is void or unenforceable in whole or in part, the
remaining provisions of this Agreement shall not be affected
thereby.
Termination
These Terms of Use
agreement are effective until terminated by either party. You
may terminate this agreement at any time by destroying all
materials obtained from any and all www.TrafficTesters.com
site(s) and all related documentation and all copies and
installations thereof, whether made under the terms of this
agreement or otherwise. This agreement will terminate
immediately without notice at TrafficTesters's sole discretion,
should you fail to comply with any term or provision of this
agreement. Upon termination, you must destroy all materials
obtained from this site and any and all other
www.TrafficTesters.com site(s) and all copies thereof, whether
made under the terms of this agreement or otherwise.
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