[Last Revised: November 27, 2018]
(2) ACCEPTANCE OF THESE TERMS
By entering our Website, you hereby represent that you have read these Terms, understood them to the fullest and agreed to abide by them as they are an enforceable binding contract between the you and the Company. Further, you hereby acknowledge that these Terms include a class action waiver and arbitration provision as elaborated below. IF YOU DO NOT AGREE TO THESE TERMS, PLEASE DO NOT ENTER TO, CONNECT TO, ACCESS OR USE THE WEBSITE IN ANY MANNER. IF YOU WISH TO TERMINATE THESE TERMS AT ANY TIME, PLEASE CEASE TO USE THE WEBSITE.
(3) ELIGIBILITY AND AGE LIMITATION
You hereby warrant that you are eligible to enter into these Terms and you are not prohibited by any authorized authority, judicial order or law into entering in any agreement; you have all proper authorization, if you are acting on behalf of a corporation, to enter into these Terms. Further, you represent and warrant that you are of legal age and at least 16 years old.
(4) THE WEBSITE AND SERVICES
This Website provides you with comparison charts, articles, tips, opinions and other resources (“Informative Content”) about various services or products you may be interested, offered by our third parties contractors (“Third Party Service”). Please note that these services are owned or operated by third parties and not by the Company. We solely provide you with informative and comparative content with regards to such Third Party Services. The Informative Content is what we believe, under our sole discretion, to be applicable, as well as links to enable you to be directed to the applicable third party website and, if you wish, engage with such third parties in order to use the Third Party Services in addition to (as applicable) logos, phone numbers, button icons, images, data compilations, documents, descriptions, software, code, designs, links, data, graphics and other features provided therein (collectively defined hereinafter as the “Content”) (together with the Website shall be referred to as the “Service(s)”).
The Services are owned and developed by us and we invest great efforts, time and resources in order to provide you with a quality Service, free of charge. The Informative Content we provide (including comparative content and charts) is based on our reviews and evaluation of the information we find to be applicable according to our own internal consideration. We are able to provide such Service by charging an advertising fee from our third party contractors which their Third Party Services are featured in our Website. Please note that, these advertising fees, combined with other criteria and consideration we find to be applicable, will all impact the placement and rating, including with regards to the comparison charts. For more information, please review the “How We Rate” Section below.
You hereby acknowledge that the Services are for informational and editorial purposes only and may contain Content that you deem as objectionable.
(5) THIRD PARTY’S SERVICES
With regards to Third Party Services (including any third party’s links or websites), you acknowledge and agree that (i) we do not guarantee the access to, recording of, listening to, or viewing of any particular Third Party Services; (ii) we do not owe nor have control over, nor responsible for any Third Party Services, and we do not exercise editorial or programming control over any content therein; (iii) owners or licensors of the Third Party Services may change or delete their website or any content or service therein at any time; and (d) by using the Third Party Services or otherwise interacting, engaging or accessing their websites (through the links in our Website) you will be subject to such third party’s terms of services and privacy policies which may be found on their relevant websites, as well as its costumer services and telemarketing and sales practices. You should carefully review the applicable terms of services provided by such third party and verify that you are interested in such services, you understand their terms, you are allowed to use the Third-Party Services, as well as to comply with the applicable requirements and restrictions (e.g., residents of certain countries are prohibited from using some Third Party’s Services). Your interaction with a Third-Party Services and your use of, and reliance upon, any is at your sole discretion and risk. You agree that we are not responsible or liable, directly or indirectly, for any loss or damage of any sort incurred as a result of your use of or reliance on any Content or Third Party Services, or your interaction with the third party by any means, which is at your sole discretion and risk, as well as for the accuracy, appropriateness, usefulness, safety, or intellectual property rights of, or relating to, any Third Party Services.
(6) HOW WE RATE
The rating and comparison available on the Website, are based on a combination of our own evaluation based on the criteria we find to be relevant including for example, user’s feedback and experience we find during our review, brand’s reputation and conversion rates, etc., as well as the advertising fees we receive, as detailed above. Please see our “How we Rate” page. The rating and scoring are provided “as-is” and we disclaim all expressed guarantees and warrants with regards to the marketability, suitability, incompleteness, applicability or relevance of the information contained herein. Though we make efforts to provide up to date information, however, we do not include all available information or compare all service providers on the market. Thus, your use of the Services and reliance on the information provided and displayed in the Website is entirely at your own responsibility and risk.
(7) USER REPRESENTATIONS, WARRANTIES AND RESTRICTIONS
The Services and the Content are provided to you for your personal and non-commercial use only. You hereby represent and warrant you will use the Services solely as set forth in these Terms, as well as in compliance with applicable laws and regulations. Note that, you bear the responsibly for any of your actions which breach or could be reasonably construed as a breach of these Terms or applicable law while accessing the Website or using the Services.
There are certain conducts which are strictly prohibited with regards to your use of the Website. Please read the following restrictions carefully. Your failure to comply with the provisions set forth may result (at Company’s sole discretion) in the termination of your access to the Website and may also expose you to civil and/or criminal liability. You may not: (i) copy, modify, adapt, translate, reverse engineer, decompile, or disassemble any portion of the Website, in any way or publicly display, perform, or distribute the Website, Content and Services; (ii) make any use of the Website, Content and Services on any other website or networked computer environment for any purpose; (iii) create a browser or border environment around the Website (no frames or inline linking); (iv) interfere with or violate any other Website’s visitors’ right to privacy or other rights, or harvest or collect personally identifiable information about visitors of this Website without their express consent, including using any robot, spider, site search or retrieval application, or other manual or automatic device or process to retrieve, index, or data-mine; (v) transmit or otherwise make available in connection with this Website any virus, worm, Trojan Horse, time bomb, web bug, spyware, or any other computer code, file, or program that may or is intended to damage or hijack the operation of any hardware, software, or telecommunications equipment, or any other actually or potentially harmful, disruptive, or invasive code or component; (vi) interfere with or disrupt the operation of this Website; (vii) sell, license, or exploit for any commercial purposes any use of this Website and Services; (viii) use this Website for any illegal, immoral or unauthorized purpose; (ix) assert any proprietary rights in or to the Services or Content, nor remove, obscure or alter any notices of proprietary rights or disclaimers appearing in or on any content or materials available in or through the Services or use our name, logo or trademarks without prior written consent.
(8) INTELLECTUAL PROPERTY RIGHTS
This Website and Content, and any and all intellectual property rights pertaining thereto whether or not registered or capable of being registered are owned and/or licensed to the Company and subject to copyright and other applicable intellectual property rights under all applicable laws. You are hereby prohibited from removing or deleting any and all copyright notices, restrictions and signs indicating proprietary rights of the Company or its licensors.
The Company does not warrant or guarantee that the Website will operate or be available at all times without disruption or interruption, or that it will be error-free.
(11) CHANGES TO THE WEBSITE
The Company reserves the right to modify, correct, amend, enhance, improve, make any other changes to, or discontinue, temporarily or permanently this Website (or any part thereof, including but not limited to the Content therein) without notice, at any time. In addition, you hereby acknowledge that the Content may be changed or removed at any time without any notice to you. You agree that the Company shall not be liable to you or to any third party for any modification, suspension, or discontinuance of this Website or any Service therein.
(12) DISCLAIMER OF WARRANTIES
THE COMPANY DOES NOT WARRANT OR MAKE ANY REPRESENTATIONS REGARDING THE USE, THE INABILITY TO USE OR OPERATE, OR THE RESULTS OF THE USE OF THE WEBSITE. THE WEBSITE AND SERVICES ARE PROVIDED ON AN “AS IS” BASIS, WITHOUT ANY WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO WARRANTIES OF TITLE OR NON-INFRINGEMENT OR IMPLIED WARRANTIES OF USE, MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE OR USE. YOU AGREE AND ACKNOWLEDGE THAT THE USE OF THE WEBSITE IS ENTIRELY AT YOUR OWN RISK AND THE COMPANY SHALL HAVE NO LIABILITY RELATING TO SUCH USE. FURTHER THE COMPANY DOES NOT WARRANT THAT THE OPERATION OF THE WEBSITE IS OR WILL BE SECURE, ACCURATE, COMPLETE, UNINTERRUPTED, WITHOUT ERROR, OR FREE OF VIRUSES, WORMS, OTHER HARMFUL COMPONENTS, OR OTHER PROGRAM LIMITATIONS.
(13) LIMITATION OF LIABILITY
IN NO EVENT SHALL THE COMPANY, INCLUDING ITS OFFICERS, DIRECTORS, SHAREHOLDERS, EMPLOYEES, SUB-CONTRACTORS AND ITS AGENTS BE LIABLE FOR ANY DAMAGES WHATSOEVER, INCLUDING, BUT NOT LIMITED TO, DIRECT, INDIRECT, SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES OF ANY KIND, WHETHER IN AN ACTION OF CONTRACT, NEGLIGENCE OR OTHER TORTIOUS ACTIONS RESULTING FROM OR ARISING OUT OF THE USE OR INABILITY TO USE THIS WEBSITE OR SERVICES, INCLUDING LOSS OF DATA OR DAMAGE TO ANY DEVICE, WHETHER BASED UPON BREACH OF WARRANTY, BREACH OF CONTRACT, NEGLIGENCE, STRICT LIABILITY, OR ANY OTHER LEGAL THEORY, REGARDLESS OF WHETHER THE COMPANY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
You agree to defend, indemnify and hold harmless the Company from and against any and all claims, damages, obligations, losses, liabilities, costs, debts, and expenses (including but not limited to attorney’s fees) arising from: (i) your violation and/or breach of any term of these Terms; and (iii) any damage of any sort, whether direct, indirect, special or consequential, you may cause to any third party which relates to your use of the Website (including your violation of any third party rights).
(15) AMENDMENTS TO THE TERMS
The Company may change the Terms from time to time, at its sole discretion and without any notice. We will notify regarding what we believe are material changes of these Terms that will affect your rights. Such material changes will take effect seven (7) days after such notice was provided. Otherwise, all other changes to these Terms are effective as of the stated “Last Revised” date and your continued use of the Website following the Last Revised date will constitute acceptance of, and agreement to be bound by, those changes.
(16) DISPUTE RESOLUTION
If you have any dispute with us please first try to contact us and resolve any issues there may be in an informal procedure. In the event the dispute cannot be resolved in such informal and friendly manner, you and the Company hereby agree to resolve any claim by binding and exclusively arbitration by the American Arbitration Association (“AAA”). You hereby agree that, by entering into these Terms, you and the Company are each waiving the right to a trial by jury or to participate in a class action. All claims must be brought in the parties’ individual capacity, and not as a plaintiff or class member in any purported class or representative proceeding and the arbitrator may not consolidate more than one person’s claims. This provision will survive the termination of these Terms. If you wish to opt-out of this arbitration provision, you must provide us with a clear written statement stating you wish to opt-out and include your full name and residence address. These Terms shall be governed by and construed in accordance with the laws of the State of New York, without giving effect to any principles of conflicts of law and will specifically not be governed by the united nations conventions on contracts for the international sale of goods, if otherwise applicable. You hereby agree to resolve any dispute you have with exclusively in a state or federal court located in New York, Manhattan. Any cause of action you might have relating to the service is limited in time to one (1) year from the arising incident and will be permanently barred afterwards.
These Terms are the entire terms and conditions between you and the Company relating to the subject matter herein. In the event any provision of these Terms is found to be unlawful, void, or for any reason unenforceable, then that provision will be deemed severable from these Terms and will not affect the validity and enforceability of any remaining provision. No waiver by either party of any breach or default hereunder will be deemed to be a waiver of any preceding or subsequent breach or default. Any heading, caption or section title contained herein is inserted only as a matter of convenience, and in no way defines or explains any section or provision hereof. You may not assign, sublicense or otherwise transfer any or all of your rights or obligations under these Terms without the Company’s prior express written consent. You agree that a printed version of these Terms and of any notice given in electronic form shall be admissible in judicial or administrative proceedings based upon or relating to these Terms to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form. These Terms do not, and shall not be construed to create any partnership, joint venture, employer-employee, agency, or franchisor-franchisee relationship between the parties hereto.
(18) CONTACT US
If you have any questions (or comments) concerning the Terms you may contact us via the contact us form available within the Website. You can also contact us via email at: support@traffictunecom
We will make an effort to reply within a reasonable timeframe.