The www.TheRealTraffic.com is an online information service provider, subject to your compliance with the terms and conditions set forth below. PLEASE READ THIS DOCUMENT CAREFULLY BEFORE ACCESSING OR USING THE SITE. BY ACCESSING OR USING THE SITE, YOU AGREE TO BE BOUND BY THE TERMS AND CONDITIONS SET FORTH BELOW. IF YOU DO NOT WISH TO BE BOUND BY THESE TERMS AND CONDITIONS, YOU MAY NOT ACCESS OR USE THE SITE. www.TheRealTraffic.com MAY MODIFY THIS AGREEMENT AT ANY TIME, AND SUCH MODIFICATIONS SHALL BE EFFECTIVE IMMEDIATELY UPON POSTING OF THE MODIFIED AGREEMENT ON THE SITE. YOU AGREE TO REVIEW THE AGREEMENT PERIODICALLY TO BE AWARE OF SUCH MODIFICATIONS AND YOUR CONTINUED ACCESS OR USE OF THE SITE SHALL BE DEEMED YOUR CONCLUSIVE ACCEPTANCE OF THE MODIFIED AGREEMENT.
Publications, products, content or services referenced herein or on the Site are the exclusive trademarks or service marks of www.TheRealTraffic.com. Other product and company names mentioned in the Site may be the trademarks of their respective owner’s.
2. Use of the Site
You understand that, except for information, products or services clearly identified as being supplied by www.TheRealTraffic.com, www.TheRealTraffic.com does not operate, control or endorse any information, products or services on the Internet in any way. Except for www.TheRealTraffic.com- identified information, products or services, all information, products and services offered through the Site or on the Internet generally are offered by third parties, that are not affiliated with www.TheRealTraffic.com. You also understand that www.therealtraffic.com cannot and does not guarantee or warrant that files available for downloading through the Site will be free of infection or viruses, worms, Trojan horses or other code that manifest contaminating or destructive properties. You are responsible for implementing sufficient procedures and checkpoints to satisfy your particular requirements for accuracy of data input and output, and for maintaining a means external to the Site for the reconstruction of any lost data.
YOU ASSUME TOTAL RESPONSIBILITY AND RISK FOR YOUR USE OF THE SITE AND THE INTERNET. www.TheRealTraffic.com PROVIDES THE SITE AND RELATED INFORMATION "AS IS" AND DOES NOT MAKE ANY EXPRESS OR IMPLIED WARRANTIES, REPRESENTATIONS OR ENDORSEMENTS WHATSOEVER (INCLUDING WITHOUT LIMITATION WARRANTIES OF TITLE OR NONINFRINGEMENT, OR THE IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE) WITH REGARD TO THE SERVICE, ANY MERCHANDISE INFORMATION OR SERVICE PROVIDED THROUGH THE SERVICE OR ON THE INTERNET GENERALLY, AND www.TheRealTraffic.com SHALL NOT BE LIABLE FOR ANY COST OR DAMAGE ARISING EITHER DIRECTLY OR INDIRECTLY FROM ANY SUCH TRANSACTION. IT IS SOLELY YOUR RESPONSIBILITY TO EVALUATE THE ACCURACY, COMPLETENESS AND USEFULNESS OF ALL OPINIONS, ADVICE, SERVICES, MERCHANDISE AND OTHER INFORMATION PROVIDED THROUGH THE SERVICE OR ON THE INTERNET GENERALLY. www.TheRealTraffic.com DOES NOT WARRANT THAT THE SERVICE WILL BE UNINTERRUPTED OR ERROR-FREE OR THOSE DEFECTS IN THE SERVICE WILL BE CORRECTED.
YOU UNDERSTAND FURTHER THAT THE PURE NATURE OF THE INTERNET CONTAINS UNEDITED MATERIALS SOME OF WHICH ARE SEXUALLY EXPLICIT OR MAY BE OFFENSIVE TO YOU. YOUR ACCESS TO SUCH MATERIALS IS AT YOUR RISK. www.TheRealTraffic.com HAS NO CONTROL OVER AND ACCEPTS NO RESPONSIBILITY WHATSOEVER FOR SUCH MATERIALS.
LIMITATION OF LIABILITY
IN NO EVENT WILL www.TheRealTraffic.com BE LIABLE FOR (I) ANY INCIDENTAL, CONSEQUENTIAL, OR INDIRECT DAMAGES (INCLUDING, BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, BUSINESS INTERRUPTION, LOSS OF PROGRAMS OR INFORMATION, AND THE LIKE) ARISING OUT OF THE USE OF OR INABILITY TO USE THE SERVICE, OR ANY INFORMATION, OR TRANSACTIONS PROVIDED ON THE SERVICE, OR DOWNLOADED FROM THE SERVICE, OR ANY DELAY OF SUCH INFORMATION OR SERVICE. EVEN IF www.TheRealTraffic.com OR ITS AUTHORIZED REPRESENTATIVES HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, OR (II) ANY CLAIM ATTRIBUTABLE TO ERRORS, OMISSIONS, OR OTHER INACCURACIES IN THE SERVICE AND/OR MATERIALS OR INFORMATION DOWNLOADED THROUGH THE SERVICE. BECAUSE SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, THE ABOVE LIMITATION MAY NOT APPLY TO YOU. IN SUCH STATES, www.TheRealTraffic.com LIABILITY IS LIMITED TO THE GREATEST EXTENT PERMITTED BY LAW. www.TheRealTraffic.com makes no representations whatsoever about any other web site which you may access through this one or which may link to this Site. When you access a non-www.TheRealTraffic.com web site, please understand that it is independent from www.therealtraffic.com, and that www.TheRealTraffic.com has no control over the content on that web site. In addition, a link to a www.TheRealTraffic.com web site does not mean that www.TheRealTraffic.com endorses or accepts any responsibility for the content, or the use, of such web site.
You agree to indemnify, defend and hold harmless www.therealtraffic.com, its officers, directors, employees, agents, licensors, suppliers and any third party information providers to the Service from and against all losses, expenses, damages and costs, including reasonable attorneys' fees, resulting from any violation of this Agreement (including negligent or wrongful conduct) by you or any other person accessing the Service
4. Third Party Rights
The provisions of paragraphs 1 (Use of the Service), and 2 (Indemnification) are for the benefit of www.TheRealTraffic.com and its officers, directors, employees, agents, licensors, suppliers, and any third party information providers to the Service. Each of these individuals or entities shall have the right to assert and enforce those provisions directly against you on its own behalf.
5. Term; Termination.
This Agreement may be terminated by subscriber with 10 days notice for any reason. Subscriptions can be cancelled by either party, and access to the membership pages of the site will be terminated. Upon termination, all property of the subscribers will be returned, as will all work completed up to that point. It is possible to upgrade services from a Part Time Traffic Expert to a Full Time Traffic Expert, though depending on current staffing and workload, that upgrade may not be available immediately. It is possible to downgrade from a Full Time Traffic Expert to a Part Time Traffic Expert with 10 days prior notice. Unless otherwise stated, we do not have a refund policy; and all payments you make for our services, either in advance or for the month at hand, are not refundable.
A Full-Time Client is buying a monthly subscription for 160 hours of work per month. 10 of those hours will be set aside from what is displayed in the member's area for all administrative and management tasks surrounding the Client. The same is true for Part-Time Clients, who are buying a monthly subscription for 80 hours, 5 of which will be set aside from what is displayed in the member's area for all administrative and management tasks surrounding the Client.
The Traffic Expert is a real human being, sitting at a real desk working on a real computer and being paid a real salary. They begin working for you regardless of if you have a project ready for you or not. They practice their traffic tactic skills if you do not have them actively working on something. Therefore, if you do not present them with a project for several days, weeks, or months after you sign up for their services; they will have been attending the office, drawing their salaries and you will not receive a refund or credit for these days, weeks or months.
All software licenses or online accounts are to be provided by you. All training for special tasks you need that are outside of our scope of training needs to be done by you, and during your Expert's scheduled hours. We do not provide support for your software or web application, but if we have knowledge of it and can provide some support, we will.
This is not a project-based program. Just as you hire employees to work in a business setting or office, so are these Traffic Experts. Therefore, you are hiring a virtual employee; they work their scheduled hours, they have scheduled days off and paid holidays like regular employees. They are going to work for you for the long term. If your Traffic Expert must take time off for illness or family emergency, we will make sure another Expert is replaced for you. This temporary Expert will be guaranteed to have been trained in Traffic Tactics like all of our other Traffic Experts, but if you there is any specialized training given to your Traffic Expert to do other tasks you need, we cannot assure you that the temporary Expert will have that same knowledge.
If you discontinue service, you will be required to give us 10 days notice. This program is a long-term solution to a need, rather than a short-term project-based service.
The provisions of paragraphs 1 (Use of the Service), 2 (Indemnification) and 3 (Third Party Rights) shall survive any termination of this Agreement.