Internet Advertising Terms and Conditions

These Terms of Use (the “Terms” or the “Agreement”) are an agreement between You, as a user of the website XXXXX (“Website”), and Us, TrafficMax LP ("Company", or "us").

These Terms govern Your access to and use of the Website. Your use of the Website constitutes agreement to these Terms. If You do not agree with any part of these Terms, You may not use the Website.     


1. Interpretation and Definitions
Capitalized words have the meaning defined in these Terms. The defined terms shall have the same meaning regardless of whether they appear in singular or plural. 

For the purposes of these Terms:
“Affiliate” means an entity that controls, is controlled by or is under common control with a party, where “control” means, in relation to any person, the possession, directly or indirectly, of: (a)  the power to direct, or cause the direction of, the management and policies of that person; or (b)  such securities (or other rights) as confer on the holder thereof the right to exercise in excess of fifty per cent (50%) in number of all votes exercisable in general meeting of all the members of such person.

“Company” (referred to as either “the Company”, “We”, “Us” or “Our” in these Terms) refers to 85 Great Portland Street First Floor, London, W1W 7LT United Kingdom.

“You” means the individual accessing or using the Website, or the company, or other legal entity on behalf of which such individual is accessing or using the Website, as applicable. 


2. Acknowledgement
By using the Website, You represent that You are over the age of 18. The Company does not permit the use of the Website by any person under the age of 18. 


3. Links to Other Websites
The Website may provide You access to third-party links, websites or services that are not owned or controlled by the Company The Company has no control over, and assumes no responsibility for, the content, privacy policies and practices of any third-party links, websites or services. You acknowledge and agree that the Company provides access to such third-party links and access to third-party websites "as is" and "as available" without any warranties, representations or conditions of any kind and without any endorsement. We shall have no liability arising from or relating to Your use of third-party links or websites.

Any use by You of third-party links or websites offered through the Website is entirely at Your own risk and discretion. We strongly advise that You read the terms on which the third-party links and websites are provided by the relevant third-party provider(s).


4. Termination
We may terminate or suspend Your access to the Website immediately, without prior notice or liability, for any reason whatsoever, including without limitation if You violate any provision of these Terms. Your right to use the Website will cease immediately upon termination. 


5. Limitation of Liability
Notwithstanding any damages that You might incur, the entire liability of the Company and any of its suppliers under any provision of these Terms and Your exclusive remedy for all of the foregoing shall be limited to the amount actually paid by You through the Website or USD 100 if You haven’t purchased anything through the Website. 

To the maximum extent permitted by applicable law, in no event shall the Company be liable to You for any direct, indirect, incidental, special, consequential, punitive, or exemplary damages, including, but not limited to, damages for loss of profits, goodwill, use, data or other intangible losses, for business interruption, for personal injury, loss of privacy arising out of or in any way related to the use or inability to use the Website, third-party software and/or soft-party hardware used with the Website or any other matter relating to the Website even if the Company has been advised of the possibility of such damages.

This limitation of liability shall apply for all claims, regardless of whether the Company was aware of or advised in advance of the possibility of damages or such claims. Some jurisdictions do not allow the exclusion of certain warranties or the limitation or exclusion of liability for incidental or consequential damages. Accordingly, some of the above exclusions and limitations in this paragraph may not apply to You.


6. “AS IS” and “AS AVAILABLE” Disclaimer
The Website is provided to You “as is” and “as available” and with all faults and defects without any warranty of any kind either express or implied, including, but not limited to, the implied warranties of merchantability and fitness for a particular purpose. 

To the maximum extent permitted by applicable law, the Company, on its own behalf and on behalf of its Affiliates and its and their respective licensees and service providers expressly disclaim—č all warranties of any kind, whether express or implied, statutory or otherwise, including, but not limited to, implied warranties of merchantability, fitness for a particular purpose, title and non-infringement and warranties that may arise out of the course of dealing, course of performance, usage or trade practice. Without limitation to the foregoing, the Company on its own behalf and on behalf of its Affiliates and its and their respective licensees and service providers expressly disclaim all warranties of any kind, whether express or implied:

(i) as to the operation or availability of the Website, or the accuracy, reliability, or currency of the information, content, and materials or products included thereon;

(ii) that the Website will be uninterrupted, timely, secure, or error-free,

(iii) that the Website, its servers, the content or the emails sent from or on behalf of the Company are free of viruses, scripts, trojan horses, worms, malware, timebombs or other harmful components, and

(v) that any errors in the Website will be corrected.

Any material obtained through the use of the Website is accessed at Your own discretion and risk, and You will be solely responsible for any damage to Your computer system or mobile device or loss of data that results from the use of any such material.

Some jurisdictions do not allow the exclusion of certain warranties or the limitation or exclusion of liability on applicable statutory rights of a consumer. Accordingly, some of the above exclusions and limitations in this paragraph may not apply to You.


7. Governing Law and Dispute Resolution
Except as otherwise specified herein, this Agreement shall be governed by and construed in accordance with the law of England and Wales.

If You have any concerns or dispute about the Website, You agree to first try to resolve the dispute through negotiations with the Company.

To the extent that any action relating to any dispute hereunder was not for whatever reason resolved through negotiations, each of the parties submits to the exclusive jurisdiction to the courts of England and Wales to settle any disputes which may arise out of or in connection with this Agreement and that accordingly the relevant proceedings must be brought in such courts.

The parties irrevocably submit to the personal jurisdiction and venue of the courts of England and waive any defenses of improper venue or forum non conveniens.


8. Entire Agreement. Severability
This Agreement and all other provisions referenced herein contain the entire agreement between You and the Company regarding the use of the Website. If any provision of these Terms is held to be unenforceable or invalid, the remainder of this Agreement shall continue in full force and effect.


9. No Waiver  
Except as provided herein, the failure to require performance of any provision of these Terms will not affect a Party’s right to exercise such right or require such performance or any time thereafter, nor shall a waiver of any breach or default of this Agreement or any provision of this Agreement constitute a waiver of any subsequent breach or default or a waiver of the provision itself.


10. Changes to These Terms We reserve the right, at Our sole discretion, to modify or replace these Terms on this page of the Website at any time. We may notify You specifically about some critical changes, but are not obliged to do so in every case. 

By continuing to access or use the Website after those revisions become effective, You agree to be bound by the revised Terms. If You do not agree to be bound by the revised Terms, You may not use or access the Website.

 

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