Terms & Conditions
This Agreement was last modified on 15th Apr 2017.
This User Agreement describes the terms and conditions on which you are allowed to use our Website and our Services. By accessing to our services you hereby agree to our terms and conditions specified below.
These General Terms and Conditions apply to the use of “TrafficHeap” services as defined below. By using the Service, you agree to the General Terms and Conditions. If you do not wish to agree to them, you cannot use the Service.
We advise you to read these General Terms and Conditions carefully so that you are aware of your rights and obligations when using “TrafficHeap” services.
1.1 In this agreement the – capitalised - terms listed below are defined as follows, regardless of whether they are used in the singular or plural:
|1.||General Terms and Conditions||These general terms and conditions of TrafficHeap.|
|2.||Affiliate||Any natural person or legal entity that makes use of TrafficHeap services.|
|3.||Affiliate Content||The content selected/posted by the Affiliate himself which, using the our website, is offered to end users; this content is not TrafficHeap.|
|4.||Account||The environment managed by the Affiliate which, inter alia, provides access to the management environment of the Tools and Content.|
|5.||Content||The Affiliate Content and the TrafficHeap Content together.|
The platform used by TrafficHeap on which it provides the Affiliates with the Tools and the TrafficHeap Content that enables them to offer the Advertising Service, as described on the Website.
TrafficHeap portal is not to be considered for any investment and returns related facility.
|7.||Log-in Data||The user name and password chosen by an Affiliate.|
|8.||IP rights||All intellectual property and connected rights, such as copyrights, trademark rights, patent rights, design rights, trade name rights, database rights and related rights as well as rights to knowhow and intellectual property equivalents.|
|9.||Agreement||An agreement between an Affiliate and TrafficHeap to use the Service, to which these General Terms and Conditions apply in full.|
|10.||TrafficHeap||TrafficHeap., a company with its registered office and principal place of business can be found at our Company Informations website.|
|11.||TrafficHeap Contents||The material (including image material) made available by TrafficHeap via the Account and the Website, comprising inter alia photos and videos; this material is not Affiliate Content.|
|12.||Website||TrafficHeap Company's website, the web address of which is www.TrafficHeap.com, as well as all underlying pages.|
1. These General Terms and Conditions apply to all offers, quotations and proposals made by TrafficHeap Company as well as to the Agreement and all other agreements to which TrafficHeap Company is a party, insofar as the parties have not in writing stipulated terms and conditions that vary from these General Terms and Conditions.
2. Variations, amendments, reduction and additions to these General Terms and Conditions shall only be valid by an ordinary notification (Pop-up) by TrafficHeap team on there portal.
3. TrafficHeap Company shall at all times be entitled to alter and/or update these General Terms and Conditions. The most up-to-date General Terms and Conditions shall be available on the Website or shall be brought to the attention of the Affiliate while using the Service and the same shall prevail. If the Affiliate continues using the Service after these General Terms and Conditions have been altered and/or updated, the Affiliate thereby irrevocably accepts the altered and/or updated General Terms and Conditions. If the Affiliate does not consent to the altered and/or updated General Terms and Conditions, he will have no option other than to terminate the Service and remove the Account and its account shall be settled as per the discretion of TrafficHeap.
4. If any provision of these General Terms and Conditions turns out to be void or voidable or is for any reason invalid either wholly or in part, the other provisions of these General Terms and Conditions shall remain fully in force. TrafficHeap Company shall replace the invalid provision with one that is valid and whose legal consequences, taking into account the content and purpose of these General Terms and Conditions, most closely correspond to those of the invalid provision.
5. That the user agrees that although his/her account was created before the date of latest updation of the terms and conditions of TrafficHeap he or she will still abide and accept the latest terms and conditions for each and every purpose they can opt out if they don’t want to continue on the present terms and conditions.
1. During the term of the Agreement the Affiliate undertakes, as a non-exclusive Affiliate, to promote the TrafficHeap Companies Content.
2. Under the conditions lay down in these General Terms and Conditions, TrafficHeap Company grants the Affiliate a limited, personal, revocable, non-exclusive, non-sub-licensable and non-assignable right to access to and use of the Service for the purposes described in these General Terms and Conditions and under conditions regarding the payments concerned. Whereas the affiliate holds a right for referral so as to earn profits thereon which can vary from time to time depending upon the market conditions and the discretion of the TrafficHeap companies.
3. The Affiliate may not sell, hire out or dispose of the Service or grant limited rights to it or make it available to a third party in any manner or for any purpose whatever other than referral.
4. The Affiliate may not copy, alter, adjust, decompile, reverse-engineer, apply scripts or in any manner visually or otherwise manipulate the Service, including – but not limited to – the landing page of TrafficHeap Company with the TrafficHeap Company Content, nor instruct a third party to perform aforementioned actions.
5. Alterations made to the Service by an Affiliate must be submitted for the assessment of TrafficHeap Company in the manner referred to in the Service. The Affiliate may not launch any Service before TrafficHeap Company grants its approval. The approval of alterations is solely at the discretion of TrafficHeap Company.
6. Any (natural) person who has reached the minimum age of eighteen (18) years may use the Service and/or create an Account. If the Affiliate has not yet reached the age of eighteen (18) years and/or objects to the content of the Website or the Content and/or is in a geographical area in which access to the Website and/ or use of the Service is prohibited, he must immediately discontinue his visit to the Website and/or use of the Service and remove any Account he may have.
7. The Affiliate guarantees that he shall at no time directly contact the holder of rights to the TrafficHeap Company Content if that party is not TrafficHeap Company, unless the Affiliate has an existing relationship with that rights holder.
8. The Affiliate warrants that it holds all the rights to the domains and sub-domains used by it.
1. Before using the Service, the Affiliate must create an Account in the manner indicated on the Website. Using the Account, the Affiliate can then alter and/or remove his data as well as examine statistics.
2. The Affiliate warrants TrafficHeap Company that the information provided on creating the Account is complete, truthful and correct. It is therefore not permitted to create an Account in someone else’s name. When registering, the Log-in Data must also be chosen.
3. If for any reason the Affiliate’s data are not or no longer up to date, complete or correct, the Affiliate must without delay update his data so that they are once again up to date, complete and/or correct.
4. The affiliate is strictly debarred from creating multiple accounts. One person one account is the fixed principle of TrafficHeap Company.
5. The Affiliate himself is responsible for keeping the Log-in Data secret. As soon as the Affiliate knows or has reason to suspect that his Log-in Data are in the possession of non-authorised persons or if he knows and/or suspects that his Account is being abused, the Affiliate must notify TrafficHeap Company immediately notwithstanding the Affiliate’s own responsibility to take immediate and appropriate action, for example by altering his Log-in Data. The Affiliate accepts and acknowledges that he is at all times responsible and liable for all and every use of the Service made via his Account. The Affiliate indemnifies TrafficHeap Company against all damage and costs arising from and/or related to third parties’ use of the Service via the Affiliate’s Account.
1. Using the Account, the Affiliate can choose Content that he wishes to make available to the End User. The Affiliate may not modify or adapt the TrafficHeap Company Content in any manner or use it in any manner other than for the purpose as described within the Service.
2. It is not permitted to make Affiliate Content available
- a. Which, at the discretion of TrafficHeap Company, is discriminating with regard to appearance, race, religion, sex, culture, origin or is otherwise deemed hurtful, offensive or inappropriate;
- b. In which personal data of minors are requested or in which personal data of others are made available;
- c. Which contains viruses, Trojan horses, worms, bots or other software which can damage automated work or make it unusable or inaccessible or delete it, or which can appropriate it or which are intended to circumvent technical protection measures of the Website and/or the computer systems of TrafficHeap Company;
- d. Which is based on untruths and/or is misleading or subsists in the assumption of a false identity and/or which wrongly suggests that the Affiliate is involved with TrafficHeap Company;
- e. Is contrary to these General Terms and Conditions or any applicable laws or regulations, is in any other manner unlawful or which could prejudice the interests and reputation of TrafficHeap Company.
3. TrafficHeap Company reserves the right, without prior notice, to abridge, alter, refuse and/or remove Affiliate Content and/or TrafficHeap Company Content if this is necessary in TrafficHeap Company’s opinion, without this resulting in any right to damages and/or liability on the part of TrafficHeap Company.
AVAILABILITY OF THE SERVICE
1. TrafficHeap Company is at all times entitled, without prior announcement and without in any way becoming liable to the Affiliate, (i) to make procedural and technical alterations and/or improvements to the Website and/or the Service and (ii) to (temporarily or permanently) discontinue, limit or remove the Website, the Service or the Account.
2. The Affiliate is himself responsible for the purchase and/or proper operation of the infrastructure and reliable telecom facilities (including internet connection) which are required for using the Service. TrafficHeap is not responsible or liable for costs arising from the use of telecom facilities and charged via the telecom provider.
3. TrafficHeap Company is in no way liable to the Affiliate for any damage or any fixed rate of returns that arises from or is the result of any (temporary) unavailability or (interim) breakdown of the Website and/or Service
DURATION AND TERMINATION
1. The Affiliate may at any time cease using the Service and remove his account. If an Affiliate removes an Account, TrafficHeap Company shall immediately render the Account and remove the Affiliate’s data and any Affiliate Content within a reasonable period of time, unless there are reasons to keep them for a longer period of time.
2. On removing an Account, the Affiliate Content may following its removal continue to be disclosed for a limited period of time via the Website and/or third-party websites. TrafficHeap Company is not liable for any damage resulting from or caused by this disclosure of the the Affiliate Content.
3. In addition to the other (legal) remedies at TrafficHeap Company’s disposal, TrafficHeap Company may at all times, without giving reasons and without prior explanation, (temporarily) restrict, suspend or discontinue the Affiliate’s activities relating to TrafficHeap Company, temporarily or permanently terminate and/or remove an Account or terminate the provision of services and refuse to provide services to the Affiliate, specifically, but not exclusively, if:
- a. The Affiliate acts in breach of these General Terms and Conditions,
- b. TrafficHeap Company takes the view that an Affiliate’s actions may cause damage and/or liability for TrafficHeap Company or other Affiliates.
- c. The payments owed, shall be paid to the Affiliate after the Service is terminated in accordance with the dues.
1. On creating an Account while the Service is being provided and on visiting the Website, (personal) data of the Affiliate shall be provided to TrafficHeap Company. These (personal) data shall be processed in accordance with TrafficHeap Company\'s Privacy Statement and the applicable laws and regulations.
2. Personal data of Affiliate that TrafficHeap Company receives become the property of TrafficHeap Company.
TrafficHeap Company holds exclusive rights to read all correspondence posted to the Website and download or access, and test (if necessary), all uploaded files, programs and websites related to your use of the Website for the purpose of investigating fraud and for risk management and related purposes.
Affiliate agree to indemnify, defend and hold harmless TrafficHeap, its officers, directors, employees, agents, licensors and any third-party information providers to the Site 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 Affiliate or any other person accessing the Site.
INTELECTUAL PROPERTY RIGHTS
1. The Intellectual Property rights relating to the Service, including but not limited to the Website, the TrafficHeap Company Content and the Tools, shall be vested in TrafficHeap Company.
2. No provision in these General Terms and Conditions shall be construed as an assignment or waiver of any IP rights relating to the Service to the Affiliate.
3. The Affiliate in principle retains the Intellectual Property rights relating to the Affiliate Content he uses. The Affiliate acknowledges and agrees that by making available / uploading his Affiliate Content to TrafficHeap Company website.
4. The Affiliate warrants TrafficHeap Company that he holds all the rights relating to the Affiliate Content and that he is fully entitled to license the IP rights to TrafficHeap Company.
5. The Affiliate is at no time entitled to register or apply for the registration of any right relating to a work, design, drawing, trademark and/or trade name that is identical or confusingly similar to any work, design, drawing, trademark and/or trade name that is protected by an IP right belonging to TrafficHeap Company. Thus the Affiliate may not use or file a domain name that is identical or confusingly similar to any trademark, trade name or other distinctive sign used and/or registered by TrafficHeap Company. Nor may the Affiliate use any sign and/or word regarding which TrafficHeap Company may exercise Intellectual Property rights within the context of search engine optimisation.
GUARANTEES AND INDEMNIFICATIONS
1. The Affiliate accepts that the Service, including in any event the Tools, Content and Website, contains solely the functionality and other properties that the Affiliate encounters when he starts using the Service (“as is basis”). Thus TrafficHeap Company expressly excludes explicit and tacit guarantees, undertakings and indemnifications of any kind, including but not limited to guarantees, undertakings and indemnifications regarding the clicks, quality, speed, payback, security, lawfulness, integrity, and accuracy of the Service.
2. The Affiliate acknowledges that TrafficHeap Company is not a party to any agreement and/or any other (legal) relationship on whatever ground between the Affiliate and the End User. The Affiliate fully indemnifies TrafficHeap Company against any damage and costs that TrafficHeap Company may suffer or incur as a result of any dispute between the Affiliate and the End User.
3. The Affiliate is liable to TrafficHeap Company for and shall fully indemnify TrafficHeap Company against any damage and costs that TrafficHeap Company may suffer or incur as a result of:
- a. any actions of the Affiliate in the use of the Service, including but not limited to the use of the Website, the Account, the Tools and/or the TrafficHeap Company Content, publishing Affiliate Content, making available Content to the End User,
- b. breach of these most recent updated General Terms and Conditions,
- c. An unlawful act of the Affiliate and/or any infringement by the Affiliate of Intellectual Property rights and/or any other rights of other Affiliates or third parties.
4. The Affiliate shall compensate any costs and damage that TrafficHeap Company incurs or suffers in relation to such liability.
1. TrafficHeap Company shall not be liable for the following loss or damage, whether indirect, howsoever caused and whether or not foreseeable by the parties: economic loss including administrative and overhead costs, loss of profits, loss of any returns, forfeiture of the account balance, business, contracts, revenues, goodwill, production and anticipated savings of every description.
2. Subject to liabilities it cannot legally exclude or limit, TrafficHeap total liability under an Advertisement Order, whether arising out of breach of contract, negligence or breach of statue, shall not exceed the total fees due to TrafficHeap under the relevant Advertisement Order.
1. The TrafficHeap websites may contain external links to other websites. The linked websites are not under TrafficHeap Companies control and TrafficHeap company will not responsible for the contents of the linked external websites.
2. The Services provide links only as a convenience. It is the responsibility of the user to read the disclaimer before visiting any such link.
3. The inclusion of any links to a linked website on TrafficHeap portal is not an endorsement by TrafficHeap of any company offering Internet services, products or links on the linked website.
4. TrafficHeap do hereby clearly mention that it won’t be legally responsible for all other sites or services which are recommend on the TrafficHeap website.
5. TrafficHeap do hereby makes it clear to all the individuals accessing this website that neither the TrafficHeap Company nor its any authorised governing body shall be held liable for any illegal, baseless, obscene article, image, video or any kind of tool on any other external website which is linked to TrafficHeap company website.
6. Whereas TrafficHeap website provides links to other websites, this should not be construed as constituting any relationship or endorsement of the linked third party, and reliance on all information provided by the external link is done so at your own risk.
7. Wherever third party advertising or promotional material is displayed on TrafficHeap website, this should not be construed as TrafficHeap endorsing or creating any relationship between TrafficHeap and that third party.
8. Reliance on any such material is entirely at your own risk.
9. The viewer understand and agrees that any content related to TrafficHeap available on any other portal, website, forum weather textual or visual or even audio visual containing or pertaining any information related to TrafficHeap is only for advertisement purpose. TrafficHeap holds no legal responsibility for any such promotional content available on the internet
10. That linked website such as www.TrafficHeap24.com and all other such links are not operated or controlled by TrafficHeap hence the user agrees that TrafficHeap company and its official can’t be made liable for any act, action or reaction arising from any other link/Website.
COMPLAINTS ABOUT AFFILIATE GENERATED CONTENT
1. Complaints about the content of any Posting must be sent to [email protected] and must contain details of the specific Posting giving rise to the complaint. Further decision of our take down procedure are exclusively on the discretion of TrafficHeap company and its authorised governing body.
2. Complaints made shall only be entertained if they have something relevant and that can be observed prima facie.
3. Action and reaction on such complaints received by TrafficHeap Company shall be on its discretion and full and final.
4. TrafficHeap company or TrafficHeap employees or any official of TrafficHeap shall not be held liable for any affiliate content or any external links.
That returns in any form made available to the affiliate its completely upon the discretion of the TrafficHeap and that can not be challenged at any point of time by the user.
The tokens are open to registered members of the TrafficHeap website. Any person whose access to the Website and/or affiliate websites or whose service has been terminated or suspended by TrafficHeap or its authorised persons he/she is NOT eligible to participate for token. TrafficHeap reserves the right to impose additional eligibility restrictions in connection with the token, any Token earning opportunity or any use of or redemption opportunities available for the Tokens at any time, in its sole discretion. To become a registered member of TrafficHeap (registration is free), go to the Website, submit the information requested on the registration page and confirm your agreement to the Website\'s Terms & conditions, which include these Token Terms and Conditions by reference.
The affiliate hereby agrees to the below mentioned terms and conditions:
- a. 1 token will cost $50.
- b. Each token will get 1 spot at our rotator for 1 day.
- c. Token can be purchased to a maximum limit of $5,000 per purchase.
- d. On each booking of package 12% commission is paid to affiliate.
- e. On each referral if referral affiliates order any package then also 12% commission would be paid to the referral affiliate.
- f. With the amount earned affiliate can buy advertising, token and all other products / services which are available on the TrafficHeap website or he can payout his earning.
PAYBACK & PAYOUT
1. TrafficHeap offers its affiliates a payback on every booking. This means all the money TrafficHeap earn will go to a pool and we give the money back to the affiliates subject to the terms and condition mentioned below.
2. TrafficHeap company don’t give a guarantee or claim/right on any payback to the affiliates.
3. It is on the complete discretion of the TrafficHeap Company what it want to give as payback as per internal calculation code.
4. The percentage of payback is not fixed and varies from time to time and affiliate to affiliate.
5. TrafficHeap Company holds the complete right to reject the payback every time and can also change the terms and conditions as per its reasonable discretion.
6. TrafficHeap Company holds complete discretionary rights over payout. The payout of the payback is after 600 days. It can be before on if the TrafficHeap Company have any offer at that point of time.
7. TrafficHeap Company has complete right to decide when will it payout.
8. TrafficHeap Company don’t guarantee to the payout of the payback offers, the user/ affiliates can further invest its money for purchasing new packages, advertisement, tokens or whichever project is available on the TrafficHeap website.
9. TrafficHeap Company cannot be made liable to pay any amount, commission, interest or any charge weather in back office or account of affiliate.
If any provision (or part of a provision) of these Terms and Conditions or an advertising order or any promotional content is found by any court or administrative body of competent jurisdiction to be invalid, unenforceable or illegal, the other provisions shall remain in force.
2. Entire Agreement
These Terms and Conditions, any documents referred to in them, constitute the whole user agreement between the parties and supersede any previous memorandum, arrangement, understanding or agreement between them relating to the subject matter they cover.
Affiliates and the user of TrafficHeap website have to reveal all source of additional income before the tax department by themselves TrafficHeap Company shall not be responsible for making any such data available. Neither the TrafficHeap Company shall be responsible to the affiliates or the user that what they are supposed to do in tax related matters.
4. Rejection/ Forfeiture On Commission
TrafficHeap Company completely debars the commission claim by any member, user or affiliates if:
- Member/ Affiliates have double accounts on TrafficHeap Website.
- Member/ Affiliates user who send spam on TrafficHeap Website.
- Member/ Affiliates who gives wrong promise on their side to TrafficHeap Company.
- Member/ Affiliates who have provided fake details at the time of registration to TrafficHeap Website.
- Member/ Affiliates who’s down line had a charge back/cancellation.
5. Convenience Charges
The members, users or Affiliates need to pay a certain amount as convenience charges to TrafficHeap Company in below mentioned conditions:
- If they have more costs for the payout.
- In case user need to take all costs/fees for any payouts.
- In Case of any legal battle.
Payout fees can be added by the TrafficHeap at the time of payout.
6. Click Quality
TrafficHeap Company doesn’t guarantee the quality of clicks, their speed, rate of repetitions. TrafficHeap also don’t target to a particular geographical boundaries. Click can be from around the globe without any discrimination.
7. Money Back
TrafficHeap Company nor its any authorised governing body guarantees any kind of money back to its user, affiliates or members from the TrafficHeap website. Where as it is the complete discretion of the company of initiate or retrain from any such process and it can vary from user to user under certain specific performances. That the user and the affiliate agrees that TrafficHeap don’t guarantee any kind of fixed or variable commission and TrafficHeap shall not be made liable for any payout, commission or any kind of recommendation bonus and whatsoever amount is shown in the affiliate account is virtual and that can be only used on the portal of TrafficHeap itself. It shall be the complete discretion of TrafficHeap company to deny and decide the virtual amount of commission or recommendation bonus if any and the affiliates waves all such claim/damages arising out from the act of TrafficHeap portal.
8. Legal Expense
Other than the clause (d) of article 20, all the legal expenses including the attorney fees shall be borne exclusively by the individual that initiate any legal proceeding against TrafficHeap company or its any authorised person in any competent court of law.
The expense details shall be provided by the TrafficHeap company and that has to be satisfied in full.
9. Promotional Terms & Virtual Content
That the user is made to understand very clearly and specifically that terms used such as payback, payout, cash back or cash out shall be only construed for promotional purpose and no such promotional thing is to be construed as a guarantee or assurance. That it is suggested to avoid any confusion related to this clause the user can ask through “Leave a message” to TrafficHeap team before initiating any further.
That all the denomination that appears in the user account is not supposed to be misunderstood as real money but it is just a virtual content and nothing in it should be considered as real money for which TrafficHeap shall be liable.
That any amount in the user account is not to be considered as real money and that can not be used for any purpose such as payout or cashback.
That it shall be the discretion of TrafficHeap that in case it intends to payout any amount to the user it shall be totally the discretion of TrafficHeap that what or any amount they decide to release shall be final and the user understand and agrees for the same without any condition and specifically waves all his right to claim and damages or losses or even the amount that appears virtually in its account.
That the user understands and agrees that the total available balance and the total earning appearing in the users account is just the virtual money and that it can only be used on the portal itself and no earning appearing in the account of the user it to be termed as real money that can be used in any other purpose and neither it can be withdrawn in any form.
10. POP UP/Disclaimer
That the POP Up on the website both on the main page and the accounts page shall be an integral part of the terms and conations and the user agrees to read and understand that the same and wishes to proceeds in the same manner as mentioned. That the disclaimer that is mentioned on the website and on the videos on any authentic channel of TrafficHeap shall be read and understood and accepted by the user.
11. Implied Waiver
That the user/affiliate waives all such damages, claims or any kind of legal proceeding against TrafficHeap Article 17 and its sub sections.
1. In the event of an order/ service not being completed/ provided for reasons for which TrafficHeap is not responsible, in particular force majeure, the order/ service will, if possible, be completed or provided later.
2. Neither of the parties shall be considered in breach of an obligation under the agreement to the extent such party can establish that fulfilment of the obligation has been prevented by force majeure. Force majeure, for the purposes of this Agreement, shall include acts of God, war (declared or undeclared), hostilities, rebellion, insurrections, acts of terrorism, actual or threatened, any act of any government, any instrumentality or agency thereof, or any act or cause which is reasonably beyond the control of such party ; Provided, that the party prevented from or hindered or delayed in performance by any such cause shall have used its best efforts to avoid, overcome, mitigate and offset its effects. The party so prevented from or hindered or delayed in complying herewith shall immediately give written notice thereof to the other party and shall continue to take any action within its power to comply as fully as possible with its obligations hereunder.
3. TrafficHeap shall not be held liable due to any obstruction/ delay in providing any service to its user/ affiliates due to force majeure.
1. Should any party breach any material provision of this user agreement, which breach may be established by substantial evidence in arbitration proceedings outlined herein, and unless the breach shall have been caused by force majeure, such party shall be liable for damages to the other party in an amount to be determined by the arbitration panel.
2. Any dispute or difference between the parties relating to their rights or obligations under this user agreement shall first be referred for consideration by each party by notice in writing to the other party. If the dispute or difference is not resolved mutually within a period of sixty (60) days, then either party may submit the dispute for arbitration in accordance with the following:
- a. The arbitration proceedings shall be conducted in accordance with the rules of procedure for arbitration of the Hong Kong Chamber of Commerce and Industry. Each Party shall appoint one arbitrator. The arbitrators thus appointed shall select a third arbitrator who shall act as the presiding arbitrator of the tribunal or panel;
- b. Unless agreed otherwise by the Parties, the arbitration shall be conducted in the English language in Hong Kong;
- c. The Parties agree that this arbitration clause is an explicit waiver of immunity against validity and enforcement of the award or any judgment thereon made pursuant thereto and that such award or judgment thereon, if unsatisfied, shall be enforceable in any court having jurisdiction in accordance with its laws against any party participating in the arbitration;
- d. The parties agree that the award of the arbitration tribunal shall be the sole remedy for all claims and counterclaims concerning the matter in dispute presented to the arbitration tribunal. The costs, expenses, fees, and charges of the arbitration proceedings shall be equally shared by the parties.
THE MATERIAL AND CONTENT OF THESE SITES IS PROVIDED “AS IS.” WE MAKE NO REPRESENTATION OR WARRANTY OF ANY KIND WHATSOEVER TO YOU OR ANY OTHER PERSON RELATING IN ANY WAY TO THE MATERIAL AND CONTENT OF THESE SITES, INCLUDING ANY PART THEREOF, OR ANY WEB SITE OR OTHER CONTENT OR SERVICE THAT MAY BE ACCESSIBLE DIRECTLY OR INDIRECTLY THROUGH THE SITES.
WE DISCLAIM TO THE MAXIMUM EXTENT PERMITTED BY LAW, ANY AND ALL SUCH REPRESENTATIONS AND WARRANTIES. WITHOUT LIMITING THE GENERALITY OF THE FOREGOING, WE DISCLAIM, TO THE MAXIMUM EXTENT PERMITTED BY LAW, ANY AND ALL (i) WARRANTIES AGAINST INFRINGEMENT OF ANY THIRD-PARTY INTELLECTUAL PROPERTY OR PROPRIETARY RIGHTS, (ii) WARRANTIES RELATING TO DELAYS, INTERRUPTIONS, ERRORS, OR OMISSIONS IN THE SITES, OR ANY PART THEREOF, (iII) WARRANTIES RELATING TO THE TRANSMISSION OR DELIVERY OF THE SITES (v) WARRANTIES RELATING TO THE ACCURACY OR CORRECTNESS OF DATA, AND (vi) WARRANTIES OTHERWISE RELATING TO PERFORMANCE, NONPERFORMANCE, OR OTHER ACTS OR OMISSIONS BY US TrafficHeap COMPANY OR ANY THIRD PARTY. FURTHER, AND WITHOUT LIMITING THE GENERALITY OF ANY OF THE FOREGOING, THERE IS NO WARRANTY THAT ANY OF THE SITES WILL MEET YOUR NEEDS OR REQUIREMENTS OR THE NEEDS OR REQUIREMENTS OF ANY OTHER PERSON. WE MAKE NO WARRANTIES OR REPRESENTATIONS, EXPRESS OR IMPLIED, THAT THE INFORMATION PROVIDED THROUGH THE SITES WILL BE FREE FROM ERROR, OMISSION, INTERRUPTION, DEFECT, OR DELAY IN OPERATION. ANY INFORMATION ON THE SITES IS SUBJECT TO CHANGE WITHOUT NOTICE, AND WE DISCLAIM ALL RESPONSIBILITY FOR THESE CHANGES, INCLUDING, BUT NOT LIMITED TO, CHANGES TO PRICES, DISCOUNTS, AND HOURS OF OPERATION.
This Agreement shall be governed by and construed in accordance with the laws of the Republic of the Hong Kong.
The parties irrevocably agree that the courts of Hong Kong have exclusive jurisdiction to settle any dispute or claim that arises out of or in connection with these Terms and Conditions and the Advertising Orders.
TrafficHeap Company failure to enforce any provisions of this user agreement or to respond to a breach by you or other parties shall not in any way waive its right to enforce subsequently any terms or conditions of this user agreement or to act with respect to similar breaches.
At our option, we may give notices to users of the Sites by posting a message on the Sites, by electronic or conventional mail or by any other means by which users obtain actual knowledge thereof. Any notices you give to us must be by electronic or conventional mail. Any notices you send to us by electronic mail must be sent to [email protected] Notices to us by conventional mail must be sent to the address listed at our Company Informations webpage.
Attn: General Counsel. Any notice by you to us will not change the terms of this Agreement unless the change is expressly accepted in writing by one of our authorized officers.