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You agree to be bound by the following Terms of Use Agreement before accessing or otherwise
using ExpiredTraffic.com products and services.
TERMS OF USE
AGREEMENT FOR ExpiredTraffic.com PRODUCTS AND SERVICES.
This ExpiredTraffic.com
Terms of Use Agreement ("TOUA") is a legal agreement between you,
either an individual or a single entity, ("Licensee") and Expired Traffic for the use of ExpiredTraffic.com Products and Services. By installing,
copying, or otherwise using ExpiredTraffic.com, Licensee agrees to be bound by
the terms of this TOUA. Additional terms and conditions other than the terms and
condition of this TOUA are hereby objected to and rejected. If Licensee does not
agree to the terms of this TOUA, do not install or use the PRODUCT.
DEFINITIONS.
AUTHORIZATION means the electronic mail message, letter or other documentation
supplied by Expired Traffic or one of its authorized distributors with this TOUA,
which defines the PRODUCT licensed under this TOUA, the number of authorized
computers, the term the license and a license key for enabling the PRODUCT.
SUBSCRIPTION
means the duration for which a paid membership for the PRODUCT is to extend for.
By default, all memberships will be renewed on a monthly basis, starting 30 days
from startup.
PRODUCT means
all components of ExpiredTraffic.com, ExpiredTraffic.com Pro, ExpiredTraffic.com
DEMO or other Products or Services specified in the AUTHORIZATION and supplied
by Expired Traffic including, but not limited to, computer Services, online
electronic documentation, HTML files, help text, and PDF files, and may include
associated media or printed materials.
LICENSE means
the license to use the PRODUCT on the number of computers.
LICENSEE means
the end user of the PRODUCT.
TERM means the
period of time from Licensee's installation, registration or first use of the
PRODUCT until the expiration of the term specified in the AUTHORIZATION or
SUBSCRIPTION..
RIGHTS AND LIMITATIONS.
Subject to the terms and condition of this TOUA, Expired Traffic grants Licensee a
non-exclusive, non-assignable license to use the PRODUCT for the TERM.
The PRODUCT may only be used on computers that are used solely for Licensee's
own personal or internal business. This TOUA does not grant any rights to use or
install the PRODUCT on computers used primarily to service or to benefit persons
not having either an employment or contractual business relationship with
Licensee, such as a web server servicing the public.
Notwithstanding anything else contained in this TOUA, Expired Traffic retains (i)
all title to, and, except as expressly and unambiguously licensed herein, all
rights to the PRODUCT, and all related documentation and materials, (ii) all
copyrights, patent rights, trade secret rights and other proprietary rights in
the PRODUCT.
Licensee does not have any rights to use the PRODUCT on operating systems other
than those explicitly listed in Section 1(c).
Expired Traffic shall have no obligation to provide any support for the
PRODUCT.
Expired Traffic cannot guarantee the most recent search results, the most
recent expired domain name lists and cannot guarantee the sanctity of
searches. It is up to the end user to obtain the most recent database
lists of expired domain names from a source other than Expired Traffic.
The products and services (PRODUCT) are provided AS IS with no warranty
of any kind. There is to be NO sharing of usernames, passwords, and any additional content which is exclusively reserved for members of Expired Traffic. Any violation of these policies will result in the permanent cancellation of the licensee's account
Refund Policy
The products and services (PRODUCT) are provided AS IS with no 30-day
money back guarantee of any kind. Our stated policy is not to refund
unless there are exceptional circumstance that justify a refund (ie. illegally
purchased goods, such as using a stolen credit card or licensee can show
adequate misrepresentation of service to justify being compensated a prorated
amount.) You may cancel your service at any time, and you will not incur
any further rebills.
This Services was created for non-commercial, private use. Expired Traffic cannot
be held liable for any damages the PRODUCT may cause, including but not limited
to loss of data, loss of profits, loss of Internet resources, loss of bandwidth
or any loss which may result from the use of the PRODUCT. Expired Traffic, or any
person or business or entity associated with ET cannot be held liable for
damages of any kind which may result from the use of the PRODUCT. The END USER,
or the user of the PRODUCT agrees to take full responsibility for the
PRODUCT’s results, work, or damages.
LICENSEE'S OBLIGATIONS.
Except as expressly and unambiguously provided herein and as conditions of
Licensee's LICENSE hereunder, Licensee represents, warrants and agrees:
To use the
PRODUCT only for private, non-commercial purpose.
Not to reverse
assemble, de-compile, or otherwise attempt to derive source code (or the
underlying ideas, algorithms, structure or organization) from the PRODUCT or
from any other information, except to the extent that this restriction is
expressly prohibited by local law.
To keep all copies of the PRODUCT in the possession of Licensee.
Not to sell, give, lend, give access to, or otherwise transfer the PRODUCT, or
copies of the PRODUCT or user names, passwords or any other information
associated with the PRODUCT to anyone that is not an employee or consultant of
Licensee or to anyone that is not bound to all of the terms and conditions of
this TOUA.
Not to use the PRODUCT for timesharing, outsourcing, hosting or service bureau
purposes or otherwise allow others or third parties to benefit from the use of
the PRODUCT.
Not to remove from any copies of the PRODUCT any product identification,
copyright or other notices.
Not to modify, incorporate into or with other Services, or create a derivative
work of any part of the PRODUCT.
Not to share, distribute or sell the results obtained from the use of the
PRODUCT, which may include but are not limited to: expired domain name lists,
expired domain name lists with traffic information, expired domain name with
directory listing information, on-hold domain names with traffic information, or
any final product or report generated by ExpiredTraffic or the PRODUCT.
Not to disseminate performance information or analysis (including, without
limitation, benchmarks) from any source relating to the PRODUCT.
Not to violate any Federal, State, Municipal, or commercial laws by or with the
use of the product. Not to violate any regulations as set forth by
search-engines, directories, search directories, domain-list providers, or any
other entities involved in the PRODUCTS operations.
TERMINATION.
Without prejudice to any other rights, Expired Traffic may immediately terminate
the LICENSE if Licensee fails to comply with any of the terms and conditions of
this TOUA. In such an event, Licensee must destroy all copies of the PRODUCT and
all of its component parts.
All of the terms and conditions of this TOUA shall survive termination with the
exception of the LICENSE as defined in Sections 1(c) and 2(a). Termination is
not an exclusive remedy and all other remedies will be available to Expired Traffic
whether or not the LICENSE is terminated.
GOVERNING LAW.
This TOUA shall be deemed to have been made in, and shall be construed pursuant
to the laws of the Province of Ontario and Canada, without regard to conflicts
of laws provisions thereof and without regard to the United Nations Convention
on Contracts for the International Sale of Goods. The sole jurisdiction and
venue for any dispute regarding the terms of this TOUA or any action relating to
the subject matter hereof shall be the Canadian Provincial Courts of Ontario.
The prevailing party in any action to enforce this TOUA shall be entitled to
recover reasonable costs and expenses, including, without limitation, reasonable
attorneys' fees.
WARRANTY AND
DISCLAIMER.
THE PRODUCT AND Expired Traffic PROPRIETARY MATERIALS ARE PROVIDED TO LICENSEE
"AS IS" WITHOUT WARRANTY OF ANY KIND, EXPRESS, IMPLIED OR STATUTORY,
INCLUDING WITHOUT LIMITATION, ANY WARRANTY OF MERCHANTABILITY, FITNESS FOR A
PARTICULAR PURPOSE OR NON-INFRINGEMENT OF THIRD PARTY RIGHTS. FURTHER, Expired Traffic
DOES NOT WARRANT, GUARANTEE OR MAKE ANY REPRESENTATIONS THAT THE Services WILL
BE FREE FROM BUGS, THAT ITS USE WILL BE UNINTERRUPTED, OR REGARDING THE USE, OR
THE RESULTS OF THE USE, OF THE PRODUCT OR OTHER Expired Traffic PROPRIETARY
MATERIALS IN TERMS OF CORRECTNESS, ACCURACY, RELIABILITY OR OTHERWISE. LICENSEE
UNDERSTANDS THAT Expired Traffic IS NOT RESPONSIBLE, AND WILL HAVE NO LIABILITY,
FOR HARDWARE, Services OR OTHER ITEMS OR ANY SERVICES PROVIDED BY ANY PERSON
OTHER THAN Expired Traffic, ExpiredTraffic.com STAFF OR ANY PERSON ASSOCIATED WITH
ExpiredTraffic.com PRODUCTION.
NO LIABILITY FOR
CONSEQUENTIAL DAMAGES.
To the maximum extent permitted by applicable law, in no event shall Expired Traffic
or its suppliers, distributors and resellers be liable for any special,
incidental, indirect, or consequential damages whatsoever (including, without
limitation, damages for loss of business profits, business interruption, loss of
business information, or any other pecuniary loss) arising out of the use of or
inability to use the PRODUCT, even if Expired Traffic has been advised of the
possibility of such damages. Because some provinces and jurisdictions do not
allow the exclusion or limitation of liability for consequential or incidental
damages, the above limitation may not apply to Licensee.
CUSTOMER
REMEDIES.
Expired Traffics' entire liability and Licensee's exclusive remedy under this TOUA
shall not exceed the amount paid by Licensee.
ILLEGAL
DISTRIBUTION.
All login and access information is stored and analyzed by intelligent scripts
and under some circumstances by Expired Traffic staff. If a end-user is detected
accessing the PRODUCT or ExpiredTraffic.com services from mutliple machines, or
if the end-user has shared his/her login information, the account will be
immediately terminated and a refund will NOT be issued.
MISCELLANEOUS
PROVISIONS.
This TOUA and the AUTHORIZATION comprise the entire understanding between the
parties with respect to its subject matter and supersede any previous or
contemporaneous communications, representations, or agreements, whether oral or
written. No modification of this TOUA will be binding on Expired Trafficunless in
writing and signed by an authorized representative of each party. Neither this
TOUA nor any right, privilege, license or obligation set forth herein may be
assigned, transferred or shared by Licensee without Expired Traffic's prior
written consent, and any such attempted assignment or transfer is void. In the
event any provision of this TOUA is found to be invalid, illegal or
unenforceable, the validity, legality and enforceability of any of the remaining
provisions shall not in any way be affected or impaired.
Notice to United
States & Canadian Government End Users - Licensee acknowledges that any
Services furnished under this License is commercial computer Services developed
at private expense and is provided with RESTRICTED RIGHTS. Any use,
modification, reproduction, display, release, duplication or disclosure of this
commercial computer Services by the United States Government or its agencies is
subject to the terms, conditions and restrictions of this License in accordance
with the United States Federal Acquisition Regulations at 48 C.F.R. Section
12.212 and Subsection 227.7202-3 or applicable subsequent regulations.
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