Terms and ConditionsThis document is a legal agreement for use of TrafficSword.com, which includes a Web site and its related computer software (including databases, operating systems, and programming languages), computer hardware (including servers and backup servers), networking, documentation, and associated media, as well as interaction with third-party applications (collectively "Software Product"), between you ("User" or "you") and TrafficSword.com ("TS"). By accessing, creating an account, logging in, or otherwise using Software Product, you agree to be bound by the terms of this Agreement. If you do not agree to the terms of this Agreement, you may not use Software Product. Other legal notices
Software Product, save for third-party applications, is Copyright 2011, TrafficSword.com. All rights reserved. All materials contained on this site are protected by United States and international copyright law. No part of these pages or this site may be reproduced, posted, stored, distributed, displayed, published, broadcast, or transmitted without the prior written permission of TS. Use of Software Product
"Use" of Software Product in this Agreement is defined as User's interaction with Software Product, including, but not limited to, the creation of scheduled actions to execute at a later date, and the execution of said scheduled actions at a later date. User is solely responsible for use of Software Product, and any and all results resulting from use of Software Product. You agree not to use Software Product to faciliate theft of copyrighted information or trademarks. You agree not to use Software Product to violate or circumvent any Terms & Conditions of third-party sites. You agree not to use Software Product to promote, advertise, or disseminate hate or objectional content, adult/pornographic content, illegal or morally dubious content, fraudulent or criminal content, or any othercontent that an average person would find vulgar, objectionable, or illegal. YOU MAY NOT PROMOTE OUR PRODUCT VIA SPAM OF ANY KIND. This includes e-mail spam, social media spam, search engine spam, or any other questionable or dubious promotion scheme. All outgoing e-mail that mentions our product must have demonstrated proof of double opt-in status. Indemnification
User agrees to defend, indemnify and hold harmless TS and its shareholders, directors, officers, employees, agents, affiliates, and any person or entity involved in creating, producing, servicing, or distributing Software Product from and against all claims and expenses, including attorneys' fees, arising out of use or misuse of Software Product, technical glitches, bugs, security weaknesses, unauthorized access in or to Software Product, unauthorized access in or to your account on TS, or any other result arising out of Software Product. Disclaimers
User expressly agrees that use of Software Product is at User's sole risk. You agree that Software Product is provided "as is" and without warranties of any kind either express or implied. You also understand and agree that, while we make every effort to ensure that Software Product does not contain any security weaknesses, we are not responsible for any data loss, hacker attacks, backdoors, privacy breaches, trojan horses, or other security or data incidents resulting from use of Software Product, or from our installation services, installation advice, or digital or telephonic communications related to use of Software Product. To the fullest extent permissible pursuant to applicable law, TS disclaims all warranties, express or implied, including, but not limited to, implied warranties of merchantability and fitness for a particular purpose. TS does not warrant that this site or its Software Product will be uninterrupted, secure, error-free, bug-free, virus-free, or that defects will be corrected. LIMITATION OF LIABILITY
YOU AGREE THAT IN NO EVENT WILL TS, ITS EMPLOYEES, DIRECTORS, SHAREHOLDERS, AFFILIATED PARTIES, OR ANY PERSON OR ENTITY INVOLVED IN CREATING, PRODUCING OR DISTRIBUTING SOFTWARE PRODUCT BE LIABLE FOR ANY DAMAGES, INCLUDING, WITHOUT LIMITATION, DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR PUNITIVE DAMAGES, OR ANY LOST PROFITS OR LOST SAVINGS -- EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH LOSS, DAMAGES, OR CLAIM -- ARISING FROM USE OF SOFTWARE PRODUCT OR FROM EMAILED ADVICE OR DOCUMENTATION. THE FOREGOING LIMITATIONS AND EXCLUSIONS APPLY TO THE EXTENT PERMITTED BY APPLICABLE LAW IN YOUR JURISDICTION. USER HEREBY ACKNOWLEDGES THAT THE PROVISIONS OF THIS SECTION SHALL APPLY TO SOFTWARE PRODUCT, RELATIONSHIPS WITH ASSOCIATED THIRD-PARTY SITES OR APPLICATIONS, AND ALL CONTENT ON THIS SITE. USER AGREES THAT NO INFORMATION IN THIS SITE CONSTITUTES LEGAL OR FINANCIAL ADVICE. USER AGREES THAT ALL INFORMATION, PROGRAMS, STRATEGIES, IDEAS, AND THOUGHTS IN THIS SITE ARE FOR INFORMATIONAL PURPOSES ONLY. USER DOES NOT HOLD TS, ITS OFFICERS, DIRECTORS, EMPLOYEES, SHAREHOLDERS, AFFILIATED PARTIES, OR ANY PERSON OR ENTITY INVOLVED IN CREATING, PRODUCING OR DISTRIBUTING SOFTWARE PRODUCT RESPONSIBLE FOR ANY ACTIONS TAKEN BY USER. NEITHER TS, ITS OFFICERS, DIRECTORS, EMPLOYEES, SHAREHOLDERS, AFFILIATED PARTIES, OR ANY PERSON OR ENTITY INVOLVED IN CREATING, PRODUCING OR DISTRIBUTING SOFTWARE PRODUCT WARRANT OR GUARANTEE THE TIMELINESS, SEQUENCE, LEGALITY, ACCURACY, VALIDITY, OR COMPLETENESS OF THE INFORMATION CONTAINED IN THIS SITE. ADDITIONALLY, THERE ARE NO WARRANTIES AS TO THE RESULTS OBTAINED FROM THE USE OF THIS SOFTWARE PRODUCT. USER IS SOLELY RESPONSIBLE FOR ANYTHING HE OR SHE DOES WITH SOFTWARE PRODUCT, THAT HE OR SHE CONTRACTS US TO DO, OR IN RESPONSE TO THE CONTENT IN THIS SITE. USER HOLDS TS, ITS EMPLOYEES, DIRECTORS, SHAREHOLDERS, AFFILIATED PARTIES, OR ANY PERSON OR ENTITY INVOLVED IN CREATING, PRODUCING OR DISTRIBUTING SOFTWARE PRODUCT HARMLESS FOR ANY OF HIS OR HER ACTIONS. IT IS USER'S SOLE RESPONSIBILITY TO THOROUGHLY ASSESS THE LEGALITY, PROFITABILITY, AND VIABILITY OF USING THIS SOFTWARE PRODUCT. YOU FURTHER UNDERSTAND THAT TS MAKES NO WARRANTIES, GUARANTEES, OR CLAIMS IN REGARDS TO YOUR OUTCOME BY USING THIS SOFTWARE. ANY AND ALL TESTIMONIALS PROVIDED BY TS ARE NOT TYPICAL. Additional Legal Notices
We reserve the right to cancel your account, or restrict your account, at any time for any reason. Violation of any provision of this Agreement may result in the immediate suspension or cancellation of User's account. User further understands that such cancellations will not entitle user to any refund of any amounts paid for use of Software Product. User understands that TS may discontinue or modify existing features at any time, and that said discontinuation or modification shall not be grounds for refunds of any kind. User understands that we may "mothball" non-subscriber accounts who have not logged into Software Product for a long period of time. Any failure by TS to enforce any of the rights specified in the Terms or applicable laws shall not constitute a waiver of such right. If any provision of the Terms is found by a court of competent jurisdiction to be invalid, you, TS, and the court shall endeavor to give effect to the intent reflected in that provision, and the remaining provisions shall retain their full force and effect. It is your responsibility to determine if use of Software Product is in violation of any local, state, regional, or national laws. Under no circumstances shall TS ever be liable for an amount greater than the price you paid for the Software Product. This Agreement constitutes the entire agreement of the parties with respect to the subject matter hereof, and supersedes all previous written or oral agreements between the parties with respect to such subject matter. No waiver by either party of any breach or default hereunder shall be deemed to be a waiver of any preceding or subsequent breach or default. The section headings used herein are for convenience only and shall not be given any legal import. We may modify any of the terms and conditions contained in this Agreement, at any time and in our sole discretion. Notice of any change by e-mail, to your address on our records, or the posting on our site is considered sufficient notice for notifying you of a modification to the terms and conditions of this Agreement. Any rights not expressly granted herein are reserved.