Terms and Conditions
Last Updated: June 2024
Welcome to modeltraffic.com (the “Site”), operated by Model Traffic LLC (“Model Traffic”). These terms and conditions (“Terms”) govern your use of the Site, along with the Cookie Settings and Privacy Policy. By accessing or using the Site, you agree to be bound by these Terms. Please read them carefully. If you do not agree with any part of these Terms, you may not use the Site. You should visit the Site and review these Terms and Conditions of Site periodically to determine if any changes have been made. Your continued use of the Site after any changes have been made to these Terms and Conditions of Site signifies and confirms your acceptance of any such changes or amendments.
Please note those are not the terms governing the services provided by Model Traffic (“Services”). If you are interested in the Services, please submit the form in our Site’s “Contact Us” page and you will be granted access to the Services terms and other relevant documents regarding the provision of our Services.
User Conduct
By using the Site, you agree not to engage in any activities that:
Violate any applicable laws or regulations.
Infringe on the rights of others, including privacy, intellectual property, or contractual rights.
Distribute spam, unsolicited messages, or other forms of unsolicited communication.
Upload or distribute viruses, malware, or other harmful software.
Attempt to gain unauthorized access to the Site, other users’ accounts, or Model Traffic’s systems.
Engage in any activity that could disrupt or interfere with the functioning of the Site.
Account Registration and Security
If you create an account on the Site, you are responsible for maintaining the confidentiality of your account information, including your password. You agree to notify Model Traffic immediately of any unauthorized use of your account or any other breach of security. Model Traffic will not be liable for any loss or damage arising from your failure to comply with these responsibilities.
Confidential Information
“Confidential Information” refers to: (a) any document or information that Model Traffic marks as “Confidential” (or with similar markings); (b) any information Model Traffic orally designates as “Confidential” at the time of disclosure to you; (c) the Manual, any Merchant Order(s), Master Service Agreement(s), Referral Agreement(s), Partner Agreement(s) and any communications between Model Traffic and you in relation to these Terms, whether or not marked or designated confidential; and (d) any other nonpublic, sensitive information disclosed by Model Traffic, whether or not marked or designated “Confidential”; and (e) any email, Whatsapp, Skype, Telegram, or other messaging service conversations. Notwithstanding the foregoing, Confidential Information does not include information that: (i) is in your possession at the time of disclosure, as evidenced by your written records kept in the ordinary course; (ii) you develop independently without use of or reference to Confidential Information or Model Traffic IP, as evidenced by your written records kept in the ordinary course; (iii) becomes known publicly, before or after disclosure, other than as a result of your improper action or inaction; or (iv) is approved for release in writing by Model Traffic.
Nondisclosure. You shall not use Confidential Information for any purpose other than your use of the Site in accordance with these Terms. Without limiting the foregoing, you shall not disclose Confidential Information to: (i) any employee or contractor unless such person needs access in order to use the Site in accordance with these Terms on your behalf and is under nondisclosure obligations covering Model Traffic Confidential Information which are no less restrictive than those herein; and (ii) any other third party without Model Traffic’s prior written consent. You shall protect the Confidential Information with the same degree of care you use to protect your own confidential information of similar nature and importance, but with no less than reasonable care. You shall promptly notify Model Traffic in writing of any misuse or misappropriation of Confidential Information that comes to your attention. Notwithstanding the foregoing, you may disclose Confidential Information as required by applicable law or by proper legal or governmental authority, provided that, to the extent legally permissible, you agree to give Model Traffic prompt written notice of any such legal or governmental demand and to reasonably cooperate with Model Traffic in any effort to seek a protective order or otherwise to contest such required disclosure.
Equitable Relief. Any breach of this Section 7 would cause Model Traffic irreparable injury, for which monetary damages would not provide adequate compensation; accordingly (in addition to any other rights it may have under the law, under these Terms, and in equity) Model Traffic will be entitled to seek injunctive relief against you for any such breach or threatened breach, without proving actual damage or posting a bond or other security.
Termination, Return, Retention of Rights. The obligations of this section will terminate five (5) years after the expiration or termination of these Terms. Upon any such expiration or termination, you shall return all copies of Confidential Information to Model Traffic or certify, in writing, the destruction thereof. Nothing in these Terms shall be construed to transfer ownership of Confidential Information to you, or to you grant a license thereto. Model Traffic retains all right, title, and interest in and to its Confidential Information.
Intellectual Property
As between you and Model Traffic, Model Traffic retains all right, title, and interest in and to the Site, including, without limitation, the “look and feel” and other visual design elements of the Site; all software, source code, and applications used to provide the Site; all updates, improvements, enhancements, modifications thereto and derivative works thereof, whether or not patentable; and all inventions, content, graphics, media, user interfaces, logos, and trademarks contained in, displayed, performed or reproduced through the Site. These Terms are an agreement for services and do not grant you any intellectual property license or rights in or to the Site or any of its components. You acknowledge and agree that the Site and its components are protected by copyright and other laws.
Jurisdiction
This Agreement and any disputes arising out of or related to it shall be governed by the laws of Nevada, United States of America. Any legal actions or proceedings arising from or related to this Agreement must be brought exclusively in the courts of Nevada. You hereby consent to the jurisdiction and venue of such courts.
Severability
If any provision in this Agreement is found to be invalid, the remaining provisions will be in full force and effect.
Entire Agreement
This Agreement constitutes your entire Agreement with Model Traffic and with respect to any information or any potential services provided.
Waiver
The failure of Model Traffic to exercise or enforce any right or provision of this Agreement shall not operate as a waiver of such right or provision. Any waiver of this Agreement by Model Traffic must be in writing and signed by an authorized representative of Model Traffic.
Limitations of Liability and Indemnification
In no event shall Model Traffic, its officers, employees, agents, affiliates, licensees, and web hosting services be liable for any direct, indirect, incidental, special, or consequential damages arising out of your access to or use of the Site. You agree to indemnify, defend, and hold harmless Model Traffic, its officers, employees, agents, affiliates, licensees, and web hosting services from any losses, costs, liabilities, and expenses (including court costs and legal fees) arising out of your use of the Site or any breach of these Terms.
Copyright, Trademarks and Licenses
Model Traffic retains all proprietary rights to the Site, its trademarks, and copyrights. Except for information in the public domain, you are not authorized to reproduce, transmit, or distribute proprietary information from the Site. Downloading or copying content does not transfer ownership rights. The names and logos used on the Site are protected by copyright and trademark laws. Unauthorized use of these materials is prohibited. Model Traffic reserves all rights regarding the content on the Site, except for third-party rights. Model Traffic’s trademarks may not be used in connection with any product or service that is not provided by Model Traffic, in any manner likely to cause confusion or disparage Model Traffic. Unauthorized use may result in injunctive relief and other legal actions.
Publicity
In further consideration of the rights granted hereunder to you, you hereby grant Model Traffic the right to use your name, trademarks, and service marks to identify you as Model Traffic’s customer on the Site, in Model Traffic’s marketing materials, and in other sales and marketing activities, provided that you retain the right to notify Model Traffic in writing of your revocation of such permission. Any such revocation shall be solely forward-looking, and Model Traffic shall have no obligation to retrieve, delete, or destroy materials printed, published, or distributed prior to the date of such revocation. You agree to cooperate with Model Traffic in reasonable publicity efforts involving the Site, such as, for example, media releases and marketing materials in accordance with Model Traffic’s reasonable requests.
No warranties
The Site is provided on an “as is” and “as available” basis. Model Traffic makes no warranties, express or implied, regarding the information provided on the Site. Specifically, Model Traffic does not warrant that the Site will always be available, uninterrupted, error-free, meet your requirements, or that any defects will be corrected.
Limitation of Liability for External Links
The Site may contain links to third-party websites. These links are provided for your convenience only. By clicking on these links, you may leave the Site and be directed to third-party content. Model Traffic is not responsible for the accuracy or completeness of the information on these external websites. The respective website owners are responsible for their content. Use of these third-party websites is at your own risk.
Disclaimer of Warranties and Reliance on Information
Model Traffic strives to ensure the accuracy of the information on the Site, but opinions, advice, statements, or other comments should not be construed as professional advice. The Site owner does not guarantee the accuracy or completeness of the information provided and is not responsible for any loss resulting from your reliance on such information. Always seek professional advice tailored to your circumstances.