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Terms Of Use You are guaranteed that
TheTrafficGorilla.com will send the number of visitors to the URL
you specify within 30 business days. This is the only
guarantee for this service. In no event shall TheTrafficGorilla.com
be liable for any consequential, direct, indirect, incidental,
punitive, or other damages whatsoever (including, but not
limited to, damages for loss of profits, loss of information
or other pecuniary loss) arising out of the use or inability
to use the package, even if TheTrafficGorilla.com has been advised
of the possibility of such damages.
If we are
unable to deliver the number of visitors promised within 30
days, you may claim a refund. In the unlikely event that
TheTrafficGorilla.com does not deliver the number of visitors
promised, we will provide a refund of your entire purchase
price on a pro-rata basis. In cases where refunds are claimed,
we reserve the right to require proof that the proper number
of visitors were not delivered. Stats, data and other
information from third party counters (e.g. Extreme-DM.com,
hitbox) are not sufficient to establish a claim. These
counting systems tend to yield an improper count. If we
dispute your claim, you must provide us with RAW server logs
from the site and time period in question - this is the only
reliable method of counting a visitor.
TheTrafficGorilla.com will not deliver visitors to sites
with popup windows (with one exception, see below). Any
additional window generated by your site shall be considered a
popup window, including popunder windows and javascript alert
windows. If a popup window is installed on the URL at any
time, TheTrafficGorilla.com may stop the campaign and you will not
be entitled to a refund. EXCEPTION: a SINGLE popup generated
by EXITEXCHANGE.COM is allowable.
TheTrafficGorilla.com will not deliver visitors to sites
containing content that is not appropriate for viewing by a
general audience. Inappropriate content includes, but is not
limited to, adult content, hate text, illegal content (in the
US) and content that encourages illegal activities or
violence. What constitutes inappropriate content shall be
determined at the sole discretion of TheTrafficGorilla.
TheTrafficGorilla.com will review your site before beginning the
campaign. If your site is changed during the campaign such
that it includes inappropriate content, TheTrafficGorilla.com may
stop your campaign immediately. In this case, you will
provided a refund on a pro-rata basis.
TheTrafficGorilla.com cannot be held responsible for factors
beyond our control that may interfere with our ability to
deliver visitors to your URL. Such factors include, but are
not limited to: downtime on your server, overuse of your
bandwidth quota (if applicable), errors on your site and
network outages beyond our servers. Please contact your web
hosting company or network provider if you are unsure about
whether your hosting account is sufficient for the program you
are ordering.
This
Agreement is governed by the laws of the Commonwealth of
Virginia. This Agreement is the entire agreement between you
and TheTrafficGorilla.com and supersedes any other understandings
or agreements, including, but not limited to, advertising with
respect to the package. Any action relating to this Agreement
must be brought in the federal or state courts located in
Montgomery County, Virginia, and you irrevocably consent to
the jurisdiction of such courts.
TERMINOLOGY: (1) In the present context, a visit
generally occurs when a text file is loaded from your server
(this includes HTML files). A hit occurs when a file is loaded
from your web server. Since loading a single web page can
cause several files to load (e.g. images), several hits
usually occur when a page is loaded. Thus, the number of hits
is always greater than (or equal to) the number of visits. The
term “number of visitors” is interchangeable with the term
“number of visits.” Several “visits” may originate from a
single IP address or individual. This generally occurs when an
individual returns to or reloads a webpage. (2) “Pro-rata”
refunds are calculated by dividing the number of visits we
delivered by the number of visits you ordered. The result of
this calculation is subtracted from 1 and the resulting figure
is multiplied by your purchase price to derive the “pro-rata”
refund.
If any
provision of this Agreement is deemed invalid or unenforceable
by any jurisdiction or government agency having jurisdiction,
that particular provision will be deemed modified to the
extent necessary to make the provision valid and enforceable,
and the remaining provisions will remain in full force and
effect.
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