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Terms of Service

These Terms of Service ("Terms") govern your access to and use of the service Maintrim Trafficus™ ("Service") and any information, text, graphics, or other materials uploaded, downloaded or appearing on the service (collectively referred to as "Content"). Your access to and use of the service is conditioned on your acceptance of and compliance with these Terms. By accessing or using the service you agree to be bound by these Terms. Unless otherwise agreed in writing with Maintrim Trafficus™, your agreement with Maintrim Trafficus™ will always include, at a minimum, the terms and conditions set out in this document.

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Basic Terms

You are responsible for your use of the service, for any content you post to the Service, and for any consequences thereof.

You may use the service only if you can form a binding contract with Maintrim Trafficus™ and are not a person barred from receiving service under the laws of the United States or other applicable jurisdiction. You may use the service only in compliance with these Terms and all applicable local, state, national, and international laws, rules and regulations.

The service that Maintrim Trafficus™ provides are always evolving and the form and nature of the service that Maintrim Trafficus™ provides may change from time to time without prior notice to you. In addition, Maintrim Trafficus™ may stop (permanently or temporarily) providing the service (or any features within the service) to you or to users generally and may not be able to provide you with prior notice. We also retain the right to create limits on use and storage at our sole discretion at any time without prior notice to you.

The service may include advertisements, which may be targeted to the Content or information on the service, queries made through the service, or other information. The types and extent of advertising by Maintrim Trafficus™ on the service are subject to change. In consideration for Maintrim Trafficus™ granting you access to and use of the service, you agree that Maintrim Trafficus™ and its third party providers and partners may place such advertising on the service or in connection with the display of Content or information from the service whether submitted by you or others.

You agree not to access (or attempt to access) any of the service by any means other than through the interface that is provided by Maintrim Trafficus™, unless you have been specifically allowed to do so in a separate agreement with Maintrim Trafficus™. You specifically agree not to access (or attempt to access) any of the service through any automated means (including use of scripts or web crawlers) and shall ensure that you comply with the instructions set out in any robots.txt file present on the service.

You agree that you will not engage in any activity that interferes with or disrupts the service (or the servers and networks which are connected to the service).

Unless you have been specifically permitted to do so in a separate agreement with Maintrim Trafficus™, you agree that you will not reproduce, duplicate, copy, sell, trade or resell the service for any purpose.

You agree that you are solely responsible for (and that Maintrim Trafficus™ has no responsibility to you or to any third party for) any breach of your obligations under the Terms and for the consequences (including any loss or damage which Maintrim Trafficus™ may suffer) of any such breach.

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Accepting the Terms

In order to use the service you must first agree to the Terms. You may not use the service if you do not accept the Terms.

You can accept the Terms by clicking to accept or agree to the Terms, where this option is made available to you by Maintrim Trafficus™ in the user interface for any Service; or by actually using the service. In this case, you understand and agree that Maintrim Trafficus™ will treat your use of the service as acceptance of the Terms from that point onwards.

You may not use the service and may not accept the Terms if you are not of legal age to form a binding contract with Maintrim Trafficus™, or you are a person barred from receiving the service under the laws of the United States or other countries including the country in which you are resident or from which you use the service.

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Privacy

Any information that you provide to Maintrim Trafficus™ is subject to our Privacy Policy, which governs our collection and use of your information. You understand that through your use of the service you consent to the collection and use (as set forth in the Privacy Policy) of this information, including the transfer of this information to the United States and/or other countries for storage, processing and use by Maintrim Trafficus™. As part of providing you the service, we may need to provide you with certain communications, such as service announcements and administrative messages. These communications are considered part of the service and your Maintrim Trafficus™ account, which you may not be able to opt-out from receiving.

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Passwords

You are responsible for safeguarding the password that you use to access the service and for any activities or actions under your password. We encourage you to use "strong" passwords (passwords that use a combination of upper and lower case letters, numbers and symbols) with your account. Maintrim Trafficus™ cannot and will not be liable for any loss or damage arising from your failure to comply with the above requirements.

If you become aware of any unauthorized use of your password or of your account, you agree to notify Maintrim Trafficus™ immediately at contact@Maintrim Trafficus™.com

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Software updates

The Software which you use may automatically download and install updates from time to time from Maintrim Trafficus™. These updates are designed to improve, enhance and further develop the service and may take the form of bug fixes, enhanced functions, new software modules and completely new versions. You agree to receive such updates (and permit Maintrim Trafficus™ to deliver these to you) as part of your use of the service.

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Your Rights

Maintrim Trafficus™ gives you a personal, worldwide, royalty-free, non-assignable and non-exclusive license to use the software that is provided to you by Maintrim Trafficus™ as part of the service. This license is for the sole purpose of enabling you to use and enjoy the benefit of the service as provided by Maintrim Trafficus™, in the manner permitted by these Terms.

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Maintrim Trafficus Rights

All right, title, and interest in and to the service are and will remain the exclusive property of Maintrim Trafficus™ and its licensors. The service are protected by copyright, trademark, and other laws of both the United States and foreign countries. Nothing in the Terms gives you a right to use the Maintrim Trafficus™ name or any of the Maintrim Trafficus™ trademarks, logos, domain names, and other distinctive brand features. Any feedback, comments, or suggestions you may provide regarding Maintrim Trafficus™, or the service is entirely voluntary and we will be free to use such feedback, comments or suggestions as we see fit and without any obligation to you.

You may not do any of the following while accessing or using the service: (i) access, tamper with, or use non-public areas of the service, Maintrim Trafficus™'s computer systems, or the technical delivery systems of Maintrim Trafficus™'s providers; (ii) probe, scan, or test the vulnerability of any system or network or breach or circumvent any security or authentication measures; (iii) access or search or attempt to access or search the service by any means (automated or otherwise) other than through our currently available, published interfaces that are provided by Maintrim Trafficus™ (and only pursuant to those terms and conditions), unless you have been specifically allowed to do so in a separate agreement with Maintrim Trafficus™ (NOTE: crawling the service is permissible if done in accordance with the provisions of the robots.txt file, however, scraping the service without the prior consent of Maintrim Trafficus™ is expressly prohibited); (iv) forge any TCP/IP packet header or any part of the header information in any email or posting, or in any way use the service to send altered, deceptive or false source-identifying information; or (v) interfere with, or disrupt, (or attempt to do so), the access of any user, host or network, including, without limitation, sending a virus, overloading, flooding, spamming, mail-bombing the service, or by scripting the creation of Content in such a manner as to interfere with or create an undue burden on the service.

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Copyright Policy

Maintrim Trafficus™ respects the intellectual property rights of others and expects users of the service to do the same. We will respond to notices of alleged copyright infringement that comply with applicable law and are properly provided to us. If you believe that your Content has been copied in a way that constitutes copyright infringement, please provide us with the following information: (i) a physical or electronic signature of the copyright owner or a person authorized to act on their behalf; (ii) identification of the copyrighted work claimed to have been infringed; (iii) identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled, and information reasonably sufficient to permit us to locate the material; (iv) your contact information, including your address, telephone number, and an email address; (v) a statement by you that you have a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law; and (vi) a statement that the information in the notification is accurate, and, under penalty of perjury, that you are authorized to act on behalf of the copyright owner.

We reserve the right to remove Content alleged to be infringing without prior notice and at our sole discretion. In appropriate circumstances, Maintrim Trafficus™ will also terminate a user's account if the user is determined to be a repeat infringer.

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Available 'AS-IS'

Your access to and use of the service or any Content is at your own risk. You understand and agree that the service is provided to you on an 'AS IS' and 'AS AVAILABLE' basis. Without limiting the foregoing, Maintrim Trafficus™ AND ITS PARTNERS DISCLAIM ANY WARRANTIES, EXPRESS OR IMPLIED, OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT. We make no warranty and disclaim all responsibility and liability for the completeness, accuracy, availability, timeliness, security or reliability of the service or any content thereon. Maintrim Trafficus™ will not be responsible or liable for any harm to your computer system, loss of data, or other harm that results from your access to or use of the service, or any Content. You also agree that Maintrim Trafficus™ has no responsibility or liability for the deletion of, or the failure to store or to transmit, any Content and other communications maintained by the service. We make no warranty that the service will meet your requirements or be available on an uninterrupted, secure, or error-free basis. No advice or information, whether oral or written, obtained from Maintrim Trafficus™ or through the service, will create any warranty not expressly made herein.

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Links

The service may contain links to third-party websites or resources. You acknowledge and agree that we are not responsible or liable for: (i) the availability or accuracy of such websites or resources; or (ii) the content, products, or service on or available from such websites or resources. Links to such websites or resources do not imply any endorsement by Maintrim Trafficus™ of such websites or resources or the content, products, or service available from such websites or resources. You acknowledge sole responsibility for and assume all risk arising from your use of any such websites or resources.

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Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, Maintrim Trafficus™ AND ITS SUBSIDIARIES, AFFILIATES, OFFICERS, EMPLOYEES, AGENTS, PARTNERS AND LICENSORS WILL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR PUNITIVE DAMAGES, INCLUDING WITHOUT LIMITATION, LOSS OF PROFITS, DATA, USE, GOOD-WILL, OR OTHER INTANGIBLE LOSSES, RESULTING FROM (i) YOUR ACCESS TO OR USE OF OR INABILITY TO ACCESS OR USE THE service; (ii) ANY CONDUCT OR CONTENT OF ANY THIRD PARTY ON THE service, INCLUDING WITHOUT LIMITATION, ANY DEFAMATORY, OFFENSIVE OR ILLEGAL CONDUCT OF OTHER USERS OR THIRD PARTIES; (iii) ANY CONTENT OBTAINED FROM THE service; AND (iv) UNAUTHORIZED ACCESS, USE OR ALTERATION OF YOUR TRANSMISSIONS OR CONTENT, WHETHER BASED ON WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE) OR ANY OTHER LEGAL THEORY, WHETHER OR NOT Maintrim Trafficus™ HAS BEEN INFORMED OF THE POSSIBILITY OF SUCH DAMAGE, AND EVEN IF A REMEDY SET FORTH HEREIN IS FOUND TO HAVE FAILED OF ITS ESSENTIAL PURPOSE.

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Exclusions

Some jurisdictions do not allow the exclusion of certain warranties or the exclusion or limitation of liability for consequential or incidental damages, so the limitations above may not apply to you.