Terms and Conditions E-mail
TERMS AND CONDITIONS

TRAFFIC TOOL BELT
A CORE MARKETING COMMUNICATIONS COMPANY


Traffic Tool Belt User Agreement

The following describes the terms and conditions on which Traffic Tool Belt offers you access to our services.
 

Introduction
Welcome to Traffic Tool Belt. By using the services on the Traffic Tool Belt websites (www.TrafficToolBelt.com and other related websites where this agreement appears) (the “Sites”), you are agreeing to the following terms, including those available by hyperlink, (the "Agreement" or "User Agreement") with Traffic Tool Belt and the general principles for the websites of our subsidiaries and international affiliates. If you have any questions, please refer to the Help section on Traffic Tool Belt.
Before you may become a member of Traffic Tool Belt, you must read and accept all of the terms and conditions. We strongly recommend that, as you read this User Agreement, you also access and read the linked information. By accepting this User Agreement, you also agree that your use of some Traffic Tool Belt branded websites or websites we operate may be governed by separate user agreements and privacy policies. The agreement that applies on any of our domains and subdomains is always the agreement that appears in the footer of each website.
This Agreement is effective on November 2, 2009 for current users, and upon acceptance for new users.

Legal Notice Terms of Use
Please read the following legal notices carefully. Your use of this web site constitutes your agreement with the terms and conditions set forth below. These terms and conditions may be changed or updated at any time. You are responsible for reviewing them periodically for current information. Additional legal notices regarding specific products, services, as well as conditions, restrictions or disclosures may be described on "sub domains" within Traffic Tool Belt Inc main web site.

Trademarks/Copyrights
All trademarks, service marks, trade names, logos and icons, registered or not, are the property of Traffic Tool Belt or third parties which may be indicated. Other materials, including video, sound recordings and images, on this web site are a copyright of or proprietary to Traffic Tool Belt or are used with the consent of the owner. The contents of this site are protected by copyright, trademark or other intellectual property laws of the U.S. or in some instances, foreign laws. Unauthorized use may violate copyright, trademark and other laws.
You may not copy, transmit, distribute, modify, publicly perform, reuse, sell, display, transcribe, reprint transcription, or reproduce any video materials of Traffic Tool Belt from this site bearing the Traffic Tool Belt logo or "mark" or any audio content bearing Traffic Tool Belt copyright information contained in metadata tag for your commercial or noncommercial or personal use unless otherwise indicated. You must retain any and all proprietary or copyright notices. You may not copy, transmit, distribute, modify, publicly perform, reuse, sell, or display any of the contents of this web site for any public or commercial purpose except with the prior written consent of Traffic Tool Belt or the owners of the materials. You may not use the content in any other web site or in a network computer environment.
The words and images TrafficToolBelt, Traffic Tool Belt and TTB are registered trademarks protected under U.S. Trademark Law. Traffic Tool Belt and its affiliates and subsidiaries are independent incorporations of Core Marketing Communications and its subsidiaries, and as such no liability or claims of affiliation are intended or made by Traffic Tool Belt in regard to relationship with Core Marketing Communications, its agents and subsidiaries. Core Marketing Communications, its agents and subsidiaries provide Internet web based software and support services. Neither Traffic Tool Belt nor Core Marketing Communications provide or claim to provide accounting, tax, legal, real-estate, mortgage or investment advice. Interested parties should seek and consult with persons or entities licensed and qualified in those areas for advice relating to those matters. Core Marketing Communications is not liable or responsible for claims or representations made by any party which are not included in the Traffic Tool Belt Limited Guarantee.

Links
Links from this site to a non-Traffic Tool Belt site may be provided for users' convenience only. Traffic Tool Belt does not control or review these sites nor does the provision of any link imply an endorsement or association of such non- Traffic Tool Belt sites. Traffic Tool Belt is not responsible for and makes no representation or warranty regarding the contents, completeness or accuracy or security of any materials on such sites. If you decide to access such non-Traffic Tool Belt sites, you do so at your own risk.

Disclaimer
The materials and services on this web site are provided "as is" and for information purposes only. Core Marketing Communications and its licensors make no representations or warranties that the materials are suitable for your needs, are complete, timely, reliable, or are free from errors, inaccuracies or typographical mistakes. Core Marketing Communications and its licensors disclaim all warranties, express or implied, including, but not limited to, implied warranties of merchantability or fitness for a particular purpose or non-infringement of other's rights. Core Marketing Communications does not warrant that the web site will operate error free or is free from viruses, worms, Trojan horses or other destructive or harmful code. Core Marketing Communications makes no representation or warranty that all products and services are available in all locations.

Limitation of Liability
In no event shall Core Marketing Communications or its licensors be liable to you for damages of any kind whatsoever including, but not limited to, direct, indirect, consequential, special, incidental, including without limitation, lost profits or damages resulting from lost data or business interruption, or punitive damages of any kind whatsoever that may result from your use of or inability to use this web site or the materials or services provided on this web site or the products or services received from this web site. Exemptions of implied warranties may not be allowed in all jurisdictions.

Using Traffic Tool Belt
While using www.TrafficToolBelt.com you will not:
    Post content or items in an inappropriate category or areas on www.TrafficToolBelt.com;

  • violate any laws, third party rights, or our policies
  • use Traffic Tool Belt if you are not able to form legally binding contracts, are under the age of 18, or are temporarily or indefinitely suspended from our Sites
  • circumvent or manipulate our fee structure, the billing process, or fees owed to Traffic Tool Belt;
  • Post false, inaccurate, misleading, defamatory, or libelous content (including personal information);
  • take any action that may undermine the feedback or ratings systems (such as displaying, importing or exporting feedback information off of www.TrafficToolBelt.com or for using it for purposes unrelated to Traffic Tool Belt);
  • transfer your Traffic Tool Belt account and User ID to another party without our consent;
  • distribute or post spam, chain letters, or pyramid schemes;
  • distribute viruses or any other technologies that may harm Traffic Tool Belt, or the interests or property of Traffic Tool Belt users;
  • Copy, modify, or distribute content from Traffic Tool Belt
  • Harvest or otherwise collect information about users, including email addresses, without their consent.

Abusing Traffic Tool Belt
Traffic Tool Belt and the Community work together to keep www.TrafficToolBelt.com working properly and the Community safe. Please report problems, offensive content, and policy violations to us.
Without limiting other remedies, we may limit, suspend, or terminate our service and user accounts, prohibit access to our website, delay or remove hosted content, and take technical and legal steps to keep users off www.TrafficToolBelt.com if we think that they are creating problems, possible legal liabilities, or acting inconsistently with the letter or spirit of our policies. We also reserve the right to cancel unconfirmed accounts or accounts that have been inactive for a long time.

Fees, Refunds and Cancellation of Services
Using www.TrafficToolBelt.com is by single user password access only.
Unless otherwise stated, all fees are quoted in U.S. Dollars. You are responsible for paying all fees and applicable taxes associated with www.TrafficToolBelt.com a timely manner with a valid payment method.
Please be advised:
Under no circumstances will Traffic Tool Belt refund a paid subscription. We understand that it is possible some users may not find what they are looking for, however once a user has been given subscriber level access to the features and content, etc., they have become a recipient of the subscription service and therefore are no longer eligible to receive a refund.
Any and all refunds of fees for any services provided according to the provisions of the Traffic Tool Belt User Agreement to the end user are at the sole determination and discretion of Traffic Tool Belt & Core Marketing Communications.
Traffic Tool Belt reserves the right in its sole discretion to cancel or deny any user access to this Web site, any interactive service herein, or any portion of this Web site without notice, and the right to change the terms, conditions, and notices under which this Web site is offered. Traffic Tool Belt is not obligated to refund any user any portion of fees collected prior to cancellation of services.

Content License
When you give us content, you grant us a non-exclusive, worldwide, perpetual, irrevocable, royalty-free, sub-licensable (through multiple tiers) right to exercise the copyright, publicity, and database rights (but no other rights) you have in the content, in any media known now or in the future.

Liability
You will not hold Traffic Tool Belt responsible for other users' actions or inactions, including things they post.
Further, we cannot guarantee continuous or secure access to our services, and operation of www.TrafficToolBelt.com may be interfered with by numerous factors outside of our control. Accordingly, to the extent legally permitted, we exclude all implied warranties, terms and conditions. We are not liable for any loss of money, goodwill, or reputation, or any special, indirect, or consequential damages arising out of your use of our Sites. Some jurisdictions do not allow the disclaimer of warranties or exclusion of damages, so such disclaimers and exclusions may not apply to you.
Regardless of the previous paragraph, if we are found to be liable, our liability to you or to any third party is limited to the greater of (a) the total fees you paid to us in the 12 months prior to the action giving rise to the liability, and (b) $100.

Release
If you have a dispute with one or more users, you release us (and our officers, directors, agents, subsidiaries, joint ventures and employees) from claims, demands and damages (actual and consequential) of every kind and nature, known and unknown, arising out of or in any way connected with such disputes.

Access and Interference
Much of the information on www.TrafficToolBelt.com is updated on a real-time basis and is proprietary or is licensed to Traffic Tool Belt by our users or third parties. You agree that you will not use any robot, spider, scraper or other automated means to access www.TrafficToolBelt.com for any purpose without our express written permission.
Additionally, you agree that you will not:

  • take any action that imposes or may impose (in our sole discretion) an unreasonable or disproportionately large load on our infrastructure;
  • copy, reproduce, modify, create derivative works from, distribute, or publicly display any content (except for Your Information) from www.TrafficToolBelt.com without the prior expressed written permission of Traffic Tool Belt and the appropriate third party, as applicable;
  • interfere or attempt to interfere with the proper working of www.TrafficToolBelt.com or any activities conducted on www.TrafficToolBelt.com or
  • bypass measures we may use to prevent or restrict access to www.TrafficToolBelt.com.


Privacy
We do not sell or rent your personal information to third parties for their marketing purposes without your explicit consent. We view protection of users' privacy as a very important community principle. We store and process your information on computers located in the United States that are protected by physical as well as technological security devices. You can access and modify the information you provide us and choose not to receive certain communications by signing-in to your account. We use third parties to verify and certify our privacy principles. If you object to your Information being transferred or used in this way please do not use our services.

Indemnity
You will indemnify and hold us (and our officers, directors, agents, subsidiaries, joint ventures and employees), harmless from any claim or demand, including reasonable attorneys' fees, made by any third party due to or arising out of your breach of this Agreement, or your violation of any law or the rights of a third party.

No Agency
No agency, partnership, joint venture, employee-employer or franchiser-franchisee relationship is intended or created by this Agreement.

Notices
Except as explicitly stated otherwise, legal notices shall be served on Traffic Tool Belt national registered agent (in the case of Traffic Tool Belt) or to the email address you provide to Traffic Tool Belt during the registration process (in your case). Notice shall be deemed given 24 hours after email is sent, unless the sending party is notified that the email address is invalid. Alternatively, we may give you legal notice by mail to the address provided during the registration process. In such case, notice shall be deemed given three days after the date of mailing.

Resolution of Disputes
If a dispute arises between you and Traffic Tool Belt, our goal is to provide you with a neutral and cost effective means of resolving the dispute quickly. Accordingly, you and Traffic Tool Belt agree that we will resolve any claim or controversy at law or equity that arises out of this Agreement or our services (a "Claim") in accordance with one of the subsections below or as we and you otherwise agree in writing. Before resorting to these alternatives, we strongly encourage you to first contact us directly to seek a resolution by emailing us at This e-mail address is being protected from spambots. You need JavaScript enabled to view it e-mail address is being protected from spam bots, you need JavaScript enabled to view it . We will consider reasonable requests to resolve the dispute through alternative dispute resolution procedures, such as mediation or arbitration, as alternatives to litigation.
  

 Law and Forum for Disputes - This Agreement shall be governed in all respects by the laws of the State of Florida as they apply to agreements entered into and to be performed entirely within Florida between Florida residents, without regard to conflict of law provisions. You agree that any claim or dispute you may have against Traffic Tool Belt must be resolved by a court located in Orange County, Florida, except as otherwise agreed by the parties or as described in the Arbitration Option paragraph below. You agree to submit to the personal jurisdiction of the courts located within Orange County, Florida for the purpose of litigating all such claims or disputes.
    Arbitration Option - For any claim (excluding claims for injunctive or other equitable relief) where the total amount of the award sought is less than $10,000, the party requesting relief may elect to resolve the dispute in a cost effective manner through binding non-appearance-based arbitration. In the event a party elects arbitration, they shall initiate such arbitration through an established alternative dispute resolution ("ADR") provider mutually agreed upon by the parties. The ADR provider and the parties must comply with the following rules: a) the arbitration shall be conducted by telephone, online and/or be solely based on written submissions, the specific manner shall be chosen by the party initiating the arbitration; b) the arbitration shall not involve any personal appearance by the parties or witnesses unless otherwise mutually agreed by the parties; and c) any judgment on the award rendered by the arbitrator may be entered in any court of competent jurisdiction.
    Improperly Filed Claims - All claims you bring against Traffic Tool Belt must be resolved in accordance with this Resolution of Disputes Section. All claims filed or brought contrary to the Resolution of Disputes Section shall be considered improperly filed. Should you file a claim contrary to the Resolution of Disputes Section, Traffic Tool Belt may recover attorneys' fees and costs up to $1000, provided that Traffic Tool Belt has notified you in writing of the improperly filed claim, and you have failed to promptly withdraw the claim.

   
Each of these policies may be changed from time to time. Changes take effect when we post them on www.TrafficToolBelt.com. When using particular services on www.TrafficToolBelt.com, you are subject to any posted policies or rules applicable to services you use through Traffic Tool Belt, which may be posted from time to time. All such policies or rules are hereby incorporated into this Agreement.

General
Core Marketing Communications is located 3500 oaks clubhouse Dr. # 507 Pompano Beach, FL 33069. 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 do not limit 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. We do not guarantee we will take action against all breaches of this Agreement. This web site and the agreement shall be governed by the laws of the State of Florida without giving effect to any principles of conflict of laws. If any provision or provisions of this agreement shall be held to be invalid, illegal or unenforceable, the validity, legality or enforceability of the remaining provisions shall not in any way be affected or be impaired thereby. You agree that any dispute between you and Traffic Tool Belt arising from your use of this web site shall be brought exclusively in the state or federal courts of competent jurisdiction in Florida.

We may amend this Agreement at any time by posting the amended terms on www.TrafficToolBelt.com. Except as stated elsewhere, all amended terms shall automatically be effective 30 days after they are initially posted. Additionally, we will notify you through the Traffic Tool Belt Message Center. This Agreement may not be otherwise amended except in a writing signed by you and us. This Agreement sets forth the entire understanding and agreement between us with respect to the subject matter hereof. The following Sections survive any termination of this Agreement: Fees and Services (with respect to fees owed for our services), Release, Content License, Liability, Indemnity and Resolution of Disputes.
You may report concerns or issues to This e-mail address is being protected from spambots. You need JavaScript enabled to view it This e-mail address is being protected from spam bots, you need JavaScript enabled to view it . We sincerely welcome and appreciate your suggestions for improving this site.

Core Marketing Communications
3500 oaks clubhouse Dr. # 507
Pompano Beach, FL 33069

Copyright © 2009 Core Marketing Communications