Please read this User Agreement (“Agreement”) carefully before enabling Traffic.io (“Traffic.io”). By enabling Traffic.io, you agree to be bound by the terms and conditions of this Agreement. If you do not agree to the terms of this Agreement, do not enable Traffic.io.
YOU CANNOT USE Traffic.io IF:
YOU ARE NOT OF LEGAL AGE IN THE COUNTRY OF YOUR OFFICIAL ADDRESS OR IN ANY OTHER WAY LEGALLY INCOMPETENT TO FORM A BINDING AGREEMENT AS INTENDED HEREIN.
YOU ARE PROHIBITED FROM USING Traffic.io OR PRODUCTS OF SIMILAR TYPE UNDER APPLICABLE LAWS, INCLUDING THE LAWS OF YOUR COUNTRY OF RESIDENCY OR ONE YOU’RE USING THE APPLICATION AT;
YOU ARE PROHIBITED FROM ENTERING INTO AGREEMENTS SIMILAR TO THIS AGREEMENT BY LEGAL AGREEMENTS WITH YOUR INTERNET SERVICE PROVIDER, MOBILE SERVICE PROVIDER, ETC., THAT, AMONG OTHER THINGS, GOVERN HOW YOU CAN SHARE YOUR INTERNET TRAFFIC, IP, AND DEVICE’S RESOURCES;
YOU ARE CURRENTLY DEVELOPING OR HAVE DEVELOPED A COMPETING PRODUCT AND INTEND TO ACCESS THE APPLICATION FOR COMPETITIVE PURPOSES (E.G., MONITORING AVAILABILITY, PERFORMANCE, OR FUNCTIONALITY).
Description of Traffic.io
Traffic.io is a software component that uses your IP address and free resources to download a few web pages in the background from well known Internet sites. This is done in a way that does not materially interrupt you. The webpages are then sent to Traffic.io’’s customers, who use them to, among others, improve their databases, offer better products, services and pricing.
Traffic.io customizes your network settings by modifying the system settings on your device. By enabling Traffic.io, you are incorporated to be part of the Traffic.io network.
Privacy
Traffic.io is committed to protecting your privacy and safety rights while using Traffic.io.
Traffic.io does not collect any personal information from you other than as described herein and in Privacy Policy at: https://traffic.io/privacy
You understand that through your use of the Traffic.io you consent to the collection and use (as set forth in the applicable privacy policy) of this information, including the transfer of this information within the United States and/or other countries for storage, processing and use by Traffic.io and its affiliates.
Restrictions
Traffic.io is intended for use on personal devices only (such as personal computers, mobile devices, SmartTVs, etc. that are in actual use by you as part of your everyday life). For the avoidance of doubt, Traffic.io should not be installed in hosting services and or on other non-personal use devices. Installing Traffic.io on non-personal devices constitutes a violation of Traffic.io’s terms of use.
In consideration for continued access to the Traffic.io, you agree to adhere to the terms governing member conduct as written herein.
When using Traffic.io, you agree not to:
- cheat, defraud, game, mislead, misinform, trick, or deceive Traffic.Io
- forge headers or otherwise manipulate identifiers in order to disguise the origin of any Content transmitted through the Traffic Service;
- interfere with or disrupt Traffic.io or servers or networks connected to Traffic.io, or disobey any requirements, procedures, policies or regulations of networks connected to Traffic.io, including using any device, software or routine to bypass our robot exclusion headers;
- intentionally or unintentionally violate any applicable local, state, national or international law, including, but not limited to, regulations promulgated by the U.S. Securities and Exchange Commission, any rules of any national or other securities exchange, including, without limitation, the New York Stock Exchange, the American Stock Exchange or the NASDAQ, and any regulations having the force of law;
You acknowledge that Traffic.io may or may not pre-screen content, but that Traffic.io and its designees shall have the right (but not the obligation) in their sole discretion to pre-screen, refuse, or remove any content that is available via Traffic.io.
Without limiting the foregoing, Traffic.io and its designees shall have the right to remove any content that violates applicable law, this Agreement or is otherwise objectionable.
You acknowledge, consent and agree that Traffic.io may access, preserve and disclose your account information if required to do so by law or in a good faith belief that such access preservation or disclosure is reasonably necessary to: (i) comply with legal process; (ii) enforce this Agreement; (iii) respond to claims that any content violates the rights of third parties; (iv) respond to your requests for customer service; or (v) protect the rights, property or personal safety of Traffic.io, its users and the public.
Modifications
Disclaimer of Warranties
Traffic.io IS PROVIDING THE USE OF THE Traffic.io ON “AS IS” BASIS AND IT EXPRESSLY DISCLAIMS ANY AND ALL REPRESENTATIONS AND WARRANTIES, WHETHER EXPRESS OR IMPLIED TO THE CONDITION, VALUE OR QUALITY OF Traffic.io, INCLUDING, WITHOUT LIMITATION, ANY WARRANTIES OF MERCHANTABILITY, SUITABILITY OR FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, SECURITY, ACCURACY, ABSENCE OF VIRUSES OR ANY DEFECT THEREIN, WARRANTIES ARISING FROM A COURSE OF DEALING, USAGE OR TRADE PRACTICE. Traffic.io FURTHER EXPRESSLY DISCLAIMS ANY REPRESENTATIONS OR WARRANTIES THAT THE USE OF Traffic.io BE CONTINUOUS, UNINTERRUPTED OR ERROR-FREE, OR THAT ANY INFORMATION CONTAINED THEREIN WILL BE ACCURATE OR COMPLETE.
Limitation of Liability
In no event will Traffic.io be liable under this Agreement for any consequential, special, indirect or punitive damages or for any loss, profits or revenue (whether in contract, tort, negligence or any other legal theory) in any way relating to this Agreement (“Event”), even if Traffic.io had been informed in advance of the possibility of such damages. Traffic.io’s aggregated liability under this Agreement for any claim or damage or series of such is limited to US$50.
Term and Termination
This Agreement shall remain in effect until terminated by you or Traffic.io.
Traffic.io may, in its sole discretion, at any time and for any or no reason, suspend or terminate this Agreement with or without prior notice. This Agreement will terminate immediately, without prior notice from Traffic.io, in the event that you fail to comply with any provision of this Agreement. You may terminate this Agreement by opting out of our network through the Traffic.io settings. You may also terminate this Agreement by deleting Traffic.io and all copies thereof from your device(s).
Miscellaneous
This Agreement constitutes the entire understanding between the parties with respect to the matters referred to herein.
All notices or other communications hereunder shall be given by email to the email address provided by the parties as part of the registration to Traffic.io.
This Agreement shall be governed by the laws of the United Kingdom excluding its conflict of law rules, and the courts of United Kingdom shall have exclusive jurisdiction over the parties.
If any provision of this Agreement will be held by a court of competent jurisdiction to be contrary to any law, the remaining provisions will remain in full force and effect as if said provision never existed.
No failure or delay on the part of any party hereto in exercising any right, power or remedy hereunder shall operate as a waiver thereof.
Traffic.io may, at any time, and at its sole discretion, modify this Agreement, with or without notice to the Client. Any such modification will be effective immediately upon public posting. Client’s continued use of the Systems and Service following any such modification constitutes acceptance of the modified Agreement.