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This document describes
the terms and conditions
on which Traffic
School Success
offers a Member ("You")
access to our services.
If You have a question
about these terms or our
service that is not addressed
in our please .
PLEASE
READ THIS AGREEMENT CAREFULLY
Traffic School Success
provides the information
contained in this website
or any of the pages comprising
this website ("website")
and related services offered
via this website subject
to your compliance with
the terms and conditions
set forth below. BY ACCEPTING
THIS AGREEMENT, YOU ACCEPT
THESE TERMS AND CONDITIONS.This
agreement was revised
on April 24, 2004.
Acceptance
of Terms
By completing the sign-up
process and checking the
box indicating that You
have read the User Agreement,
You agree to these terms.
Traffic School Success
may amend these terms
from time to time. We
will notify You of any
material updates to these
terms via email or our
website. If You do not
agree to the changes,
You may simply discontinue
Your account. Your continued
use of our service will
signify your acceptance
of the updated terms.
Information
Your
information includes any
information You provide
to us or other members
during the registration,
or testing process, in
any public message area
or through any email feature,
including all text descriptions
and/or photographs, digital
images, or renderings
of Your items and services.
With respect to Your information:
- Responsibility.
You are solely responsible
for your information,
and we act as a passive
conduit for your online
distribution and publication.
We may, however, take
any action with respect
to such information
we deem necessary or
appropriate at our sole
discretion if we believe
it may create liability
for us or may cause
us to lose (in whole
or in part) the services
of our ISPs or other
suppliers.
- Content.
You agree that Your
Information and the
items and services You
list on Traffic School
Success:
- will
not be fraudulent
or involve the sale
of counterfeit or
stolen items;
- will
not infringe any
third party's copyright,
patent, trademark,
trade secret, or
other proprietary
rights or rights
of publicity or
privacy;
- will
not violate any
law, statute, ordinance,
or regulation (including
without limitation
those governing
export control,
consumer protection,
unfair competition,
anti-discrimination,
or false advertising);
- will
not be defamatory,
trade libelous,
unlawfully threatening,
or unlawfully harassing;
-
will not be obscene
or contain child
pornography;
- will
not contain any
viruses, Trojan
horses, or other
computer programming
routines that are
intended to damage,
detrimentally interfere
with, surreptitiously
intercept, or expropriate
any system, data,
or personal information;
- will
not link directly
or indirectly to
or include descriptions
of goods or services
that (i) are prohibited
under this Agreement
or (ii) You do not
have a right to
link to or include;
- are
in accordance with
Traffic School Success's
Guidelines.
- Fees.
Unless otherwise
stated, all monetary
values are quoted in
U.S. Dollars. You are
responsible for paying
all applicable taxes
and duties and for all
hardware, software,
service, and other costs
you incur to participate
in our online testing
services. We reserve
the right to change
or discontinue, temporarily
or permanently, some
or all of our services
at any time without
notice.
- License.
You agree to grant us
a nonexclusive, worldwide,
perpetual, irrevocable,
royalty-free, sublicenseable
(through multiple tiers)
right to exercise the
copyright and publicity
rights (but no other
rights) you have in
Your Information, in
any media now known
or not currently known,
for the purpose of offering
our services.
- Privacy.
Traffic School Success
will only use Your Information
in accordance with our
.
General
Legal Terms
- Our
service is provided
"as is."
We will try very hard
to make your experience
with Traffic School
Success a pleasurable
one; however, we cannot
always foresee or anticipate
technical or other difficulties.
These difficulties may
result in loss of data
or other service interruptions.
For this reason, you
agree that Traffic School
Success's services are
provided "as is." We
cannot assume responsibility
for the timeliness,
deletion, misdelivery,
or failure to store
any Member data, communications,
or personalization settings.
WE AND OUR SUPPLIERS
PROVIDE THE TRAFFIC
SCHOOL SUCCESS WEBSITE
AND OUR SERVICES "AS
IS" AND WITHOUT ANY
WARRANTY OR CONDITION,
EXPRESS OR IMPLIED.
OUR SUPPLIERS AND WE
SPECIFICALLY DISCLAIM
THE IMPLIED WARRANTIES
OF TITLE, MERCHANTABILITY,
FITNESS FOR A PARTICULAR
PURPOSE, AND NONINFRINGEMENT.
Some states do not allow
the disclaimer of implied
warranties, so the foregoing
disclaimer may not apply
to you. This warranty
gives you specific legal
rights and you may also
have other legal rights,
which vary from state
to state.
- Suspension/Termination.
We may immediately
issue a warning, temporarily
suspend, indefinitely
suspend, or terminate
your membership, any
of your current classifieds,
and any other information
You place on the site
if You breach this Agreement
or if we are unable
to verify or authenticate
any information You
provide to us. Without
limiting any other remedies,
Traffic School Success
may suspend or terminate
your account if you
are found (by conviction,
settlement, insurance
or escrow investigation,
or otherwise) to have
engaged in fraudulent
activity in connection
with our site.
- Limit
of liability.
IN NO EVENT SHALL OUR
SUPPLIERS OR WE BE LIABLE
FOR LOST PROFITS OR
ANY SPECIAL, INCIDENTAL,
OR CONSEQUENTIAL DAMAGES
(HOWEVER ARISING, INCLUDING
NEGLIGENCE) ARISING
OUT OF OR IN CONNECTION
WITH THIS AGREEMENT.
OUR LIABILITY, AND THE
LIABILITY OF OUR SUPPLIERS,
TO YOU OR ANY THIRD
PARTIES IN ANY CIRCUMSTANCE
IS LIMITED TO THE GREATER
OF (A) THE AMOUNT OF
FEES YOU PAY TO US IN
THE 12 MONTHS PRIOR
TO THE ACTION GIVING
RISE TO LIABILITY, OR
(B) $100. Some states
do not allow the limitation
of liability, so the
foregoing limitation
may not apply to you.
- General
compliance with laws.
You shall
comply with all applicable
laws, statutes, ordinances
and regulations regarding
your use of our service
and your negotiations,
classified ad, purchase,
and sale of items and
services.
- No
agency.
You and Traffic
School Success are independent
contractors, and no
agency, partnership,
joint venture, employee-employer
or franchiser-franchisee
relationship is intended
or created by this Agreement.
- Notices.
Except as
explicitly stated otherwise,
any notices shall be
given by email to the
email address You provide
to Traffic School Success
during the sign-up process,
or such other address
as the party shall specify.
Notice shall be deemed
given 24 hours after
email is sent, unless
the sending party is
notified that the email
address is invalid.
- Arbitration.
Any controversy or claim
arising out of or relating
to this Agreement shall
be settled by binding
arbitration in accordance
with the commercial
arbitration rules of
the American Arbitration
Association. Any such
controversy or claim
shall be arbitrated
on an individual basis,
and shall not be consolidated
in any arbitration with
any claim or controversy
of any other party.
The arbitration shall
be conducted in Florida,
and judgment on the
arbitration award may
be entered into any
court having jurisdiction
thereof. Either You
or Traffic School Success
may seek any interim
or preliminary relief
from a court of competent
jurisdiction in Florida
necessary to protect
the rights or property
of you or Traffic School
Success pending the
completion of arbitration.
- General.
This Agreement shall
be governed in all respects
by the laws of the State
of Florida as such laws
are applied to agreements
entered into and to
be performed entirely
within Florida between
Florida residents. If
any provision of this
Agreement is held to
be invalid or unenforceable,
such provision shall
be struck and the remaining
provisions shall be
enforced. Headings are
for reference purposes
only and in no way define,
limit, construe, or
describe the scope or
extent of such section.
Our failure to act with
respect to a breach
by you or others does
not waive our right
to act with respect
to subsequent or similar
breaches. This Agreement
sets forth the entire
understanding and agreement
between us with respect
to the subject matter
hereof.
Copyright
Information
All pages, materials,
texts, drawings and data
on and in the website
(collectively "materials")
are the property of Traffic
School Success alternatively,
Traffic School Success
is the lawful user thereof
and are protected by both
the United State and international
intellectual property
laws. Accordingly, any
unauthorized copying,
reproduction, retransmission,
distribution, dissemination,
sale, publication, broadcast
or other circulation or
exploitation of such material
or any component thereof
will constitute an infringement
of such copyright and
other intellectual property
rights; save that you
may use the materials
or any component thereof
for your own internal
purposes and permission
(which may be revoked
at any time) is granted
to download the material
on this website without
alterations and for use
only so long as the following
copyright notice is included:
"Copyright 2004, Traffic
School Success. All Rights
Reserved".
Trademark
Notice "Traffic School Success," and the "Traffic School Success" logo is the registered
trademark of Traffic School Success. All other trademarks,
service marks and logos
used in this website are
the registered and unregistered
trademarks, service marks
or logos of their respective
owners. Nothing contained
on this website should
be construed as granting
any license or right to
use any trademark without
the prior written permission
of Traffic School Success or
the registered owner of
such trademark.
External
Links
This website may contain
external links to other
websites operated by third
parties ("Linked Site").
You acknowledge that Traffic
School Success and its
partners do not endorse
the Linked Site and are
not responsible for any
content that appears on
the Linked Site. You also
acknowledge that the owner
of the Linked Site may
not endorse Traffic School
Success and its sponsors.
In certain instances,
Traffic School Success
might be affiliated with
the Linked Sites. Use
and reliance on any Linked
Site provided is at your
own risk. When visiting
Linked Sites you must
refer to that Linked Site's
terms and conditions of
use. No hyperlinks shall
be created from any website
controlled by you or otherwise
to this website without
the express prior written
permission of Traffic
School Success
Code
of Conduct
- While using the website
or website-related services,
you agree not to:
- restrict
or inhibit any other
user from using
and enjoying the
website and website-related
services;
- post
or transmit any
unlawful, fraudulent,
threatening, abusive,
defamatory, obscene
or otherwise objectionable
or harmful information
of any kind on the
website;
- post
or transmit any
information or software
that contains a
virus, worm, trojan
horse or other harmful
or disruptive component
on the website;
or
- post
or transmit materials
in violation of
another party's
copyright or intellectual
property rights.
Traffic School Success
has no
obligation to monitor
the website or website-related
services. However, you
acknowledge and agree
that Traffic School Success
has the right to monitor
the website and website-related
services and to disclose
any information necessary
to operate the website
properly, to protect itself,
customers and third parties
and to comply with legal
obligations and/or governmental
requests. Traffic School
Success reserves the right
to refuse to post or to
remove any information
or materials, in whole
or in part, that are unacceptable,
offensive or in violation
of these website terms.
Traffic School Success
also reserves the right
to prohibit any user who,
in Traffic School Success's
sole discretion, violates
the website terms from
using the websites and
related services. Such
prohibition may occur
without notice to the
user.
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