Traffictogold.com (the "Service"), referred to as "we", "us" or "our") is
provided to you ("you," "your" or "User") under the following terms and conditions,
including any amendments thereto and any additional terms and conditions, rules
or policies that may be applicable to particular offerings made in connection with
the Service (collectively, the "Terms and Conditions"). We reserve the right to
update or change these Terms and Conditions from time to time. Any such changes
shall be reflected in an updated version of the Terms and Conditions posted on this
site. By continuing to use the Service following the posting of any such change,
you will be deemed to have agreed to the amended version of the Terms and Conditions.
Any failure to comply with these Terms and Conditions by you may result in the termination
of your account, and the forfeiture and relinquishment of all Points you have accrued
in the Service. BY REGISTERING TO USE THE SERVICE, YOU AGREE TO BE BOUND BY THESE
TERMS AND CONDITIONS, SO PLEASE READ THEM CAREFULLY.
Description of the Service
The Service is a program whereby you can collect information on prospects, customers,
and colleagues, in the interest of ceating better customer service for your buyers
and sellers. It is specifically designed for real estate, but can be used for other
purposes if the user deems them suitable, subject to the usage agreement.
Eligibility
Unless otherwise specified in connection with particular offerings, participation
in the Service is open only to people in the United States.
Reservation of Rights
The Service and its benefits are offered at our discretion, and we have the right
to modify or discontinue, temporarily or permanently, the Service, in whole or in
part for any reason, at our sole discretion. We may, among other things, withdraw,
limit, modify or cancel any features. You agree that we will not be liable to you
or any third-party for any modification or discontinuance of the Service, in whole
or in part.
Membership registration
In consideration of your use of the Service, you agree to provide true, accurate,
current and complete information about yourself as prompted by the registration
form and to maintain and promptly update your personal data to keep it true, accurate,
current and complete. If you provide any information that is untrue, inaccurate,
not current or incomplete, or if we or any of our service providers have reasonable
grounds to suspect that such information is untrue, inaccurate, not current or incomplete,
we have the right to suspend or terminate your account and to refuse any and all
current or future use of the Service (or any portion thereof) by you. You may not
register with a disposable email address. If you are 13 years of age or under you
can not post information about yourself on the website or complete the registration
process.
Account security
You will receive a password and account designation upon completing the registration
process. You agree to maintain the confidentiality of your password and account,
and that you are fully responsible for all activities that occur under your password
or account. You agree to immediately notify us of any unauthorized use of your password
or account or any other breach of security, and to exit from your account at the
end of each session. We will not be liable for any loss or damage arising from your
failure to comply with these conditions.
Privacy Policy
By participating in the Service, you agree that we may collect and use information
about you that you provide to us in accordance with our Privacy Policy. For more
information, see our complete privacy policy. By using the Service, you agree to
be bound by the terms of our Privacy Policy.
LIMITATION OF LIABILITY, INDEMNITY AND RELEASE. UNDER NO CIRCUMSTANCES SHALL WE BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL OR EXEMPLARY DAMAGES (EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), ARISING FROM THE USE OF OR INABILITY TO USE THE SERVICE OR ANY OTHER PROVISION OF THESE TERMS AND CONDITIONS. BECAUSE SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, IN SUCH STATES, OUR LIABILITY IS LIMITED TO THE EXTENT PERMITTED BY LAW. BY USING THE SERVICE YOU AGREE THAT OUR TOTAL LIABILITY FOR ANY ACTION, CLAIM OR JUDGMENT, REGARDLESS OF THE NATURE OF THE CLAIM OR THEORY OF LIABILITY, SHALL BE LIMITED TO YOUR ACTUAL OUT OF POCKET EXPENSES INCURRED IN CONNECTION WITH YOUR USE OF THE SERVICE, BUT IN NO EVENT ATTORNEY'S FEES. You accept all responsibility for, and hereby indemnify and hold us harmless from and against, any actions taken by any user authorized to use your account, including, but not limited to, disclosure of passwords to third parties. By using the Service, you release us, our subsidiaries, and affiliates from any and all liability regarding the participation in the Service.
Violation of the Terms
You understand and agree that in our sole discretion, and without prior notice,
terminate your access to the website or deactivate your membership account if we
determine that you have violated our Terms and Conditions.
Indemnity
You agree to indemnify and hold us, affiliates, officers, agents and other partners
and employees, harmless from any loss, liability, claim or demand, including reasonable
attorney's fees, made by any third party due to or arising out of your use of the
website, including, without limitation, any information or content you post to the
site or any interference with the operation of the site.
Miscellaneous
These Terms and Conditions shall be governed by and construed in accordance with
the laws of the State of Massachusetts, without giving effect to any conflicts or
choice of laws rules (whether of Massachusetts or any other jurisdiction). The invalidity
or unenforceability of any provisions of these Terms and Conditions shall not affect
the validity or enforceability of any other provision. In the event that any provision
of these Terms and Conditions is found to be invalid or unenforceable, these Terms
and Conditions shall be construed in accordance with their terms as if the invalid
or unenforceable provision was not contained therein. The Service and its components,
including all trademarks, trade names and logos, are the property of TrafficToGold,
which reserves all rights to such property.