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Terms of Service

Terms of Service for Digital Traffic IQ

Welcome to Digital Traffic IQ. This website is owned and operated by Digital Traffic IQ. By visiting our website and accessing the information, resources, services, products, and tools we provide, you understand and agree to accept and adhere to the following terms of service as stated in this policy (hereafter referred to as 'User Agreement'), along with the terms of service as stated in our Privacy Policy (please refer to the Privacy Policy section below for more information).

This agreement is in effect as of January 1, 2024.

We reserve the right to change this User Agreement from time to time without notice. You acknowledge and agree that it is your responsibility to review this User Agreement periodically to familiarize yourself with any modifications. Your continued use of this site after such modifications will constitute acknowledgment and agreement of the modified terms of service.

Responsible Use and Conduct

By visiting our website and accessing the information, resources, services, products, and tools we provide for you, either directly or indirectly (hereafter referred to as 'Resources'), you agree to use these Resources only for the purposes intended as permitted by (a) the terms of this User Agreement, and (b) applicable laws, regulations and generally accepted online practices or guidelines.

Wherein, you understand that:

  • a. In order to access our Resources, you may be required to provide certain information about yourself (such as identification, contact details, etc.) as part of the registration process, or as part of your ability to use the Resources. You agree that any information you provide will always be accurate, correct, and up to date.
  • b. You are responsible for maintaining the confidentiality of any login information associated with any account you use to access our Resources. Accordingly, you are responsible for all activities that occur under your account/s.
  • c. Accessing (or attempting to access) any of our Resources by any means other than through the means we provide, is strictly prohibited. You specifically agree not to access (or attempt to access) any of our Resources through any automated, unethical or unconventional means.
  • d. Engaging in any activity that disrupts or interferes with our Resources, including the servers and/or networks to which our Resources are located or connected, is strictly prohibited.
  • e. Attempting to copy, duplicate, reproduce, sell, trade, or resell our Resources is strictly prohibited.
  • f. You are solely responsible any consequences, losses, or damages that we may directly or indirectly incur or suffer due to any unauthorized activities conducted by you, as explained above, and may incur criminal or civil liability.
  • g. We may provide various open communication tools on our website, such as blog comments, blog posts, public chat, forums, message boards, newsgroups, product ratings and reviews, various social media services, etc. You understand that generally we do not pre-screen or monitor the content posted by users of these various communication tools, which means that if you choose to use these tools to submit any type of content to our website, then it is your personal responsibility to use these tools in a responsible and ethical manner. By posting information or otherwise using any open communication tools as mentioned, you agree that you will not upload, post, share, or otherwise distribute any content that:
    • i. Is illegal, threatening, defamatory, abusive, harassing, degrading, intimidating, fraudulent, deceptive, invasive, racist, or contains any type of suggestive, inappropriate, or explicit language;
    • ii. Infringes on any trademark, patent, trade secret, copyright, or other proprietary right of any party;
    • iii. Contains any type of unauthorized or unsolicited advertising;
    • iiii. Impersonates any person or entity, including any Digital Traffic IQ employees or representatives.
  • We have the right at our sole discretion to remove any content that, we feel in our judgment does not comply with this User Agreement, along with any content that we feel is otherwise offensive, harmful, objectionable, inaccurate, or violates any 3rd party copyrights or trademarks. We are not responsible for any delay or failure in removing such content. If you post content that we choose to remove, you hereby consent to such removal, and consent to waive any claim against us.
  • h. We do not assume any liability for any content posted by you or any other 3rd party users of our website. However, any content posted by you using any open communication tools on our website, provided that it doesn't violate or infringe on any 3rd party copyrights or trademarks, becomes the property of Digital Traffic IQ, and as such, gives us a perpetual, irrevocable, worldwide, royalty-free, exclusive license to reproduce, modify, adapt, translate, publish, publicly display and/or distribute as we see fit. This only refers and applies to content posted via open communication tools as described, and does not refer to information that is provided as part of the registration process, necessary in order to use our Resources. All information provided as part of our registration process is covered by our privacy policy.
  • i. You agree to indemnify and hold harmless Digital Traffic IQ and its parent company and affiliates, and their directors, officers, managers, employees, donors, agents, and licensors, from and against all losses, expenses, damages and costs, including reasonable attorneys' fees, resulting from any violation of this User Agreement or the failure to fulfill any obligations relating to your account incurred by you or any other person using your account. We reserve the right to take over the exclusive defense of any claim for which we are entitled to indemnification under this User Agreement. In such event, you shall provide us with such cooperation as is reasonably requested by us.

SMS Messaging

This Terms of Service section governs the use of our SMS (Short Message Service) messaging services provided through a 10-Digit Long Code (10DLC). By using our SMS services, you agree to comply with these terms and all applicable laws and regulations.

User Consent

1. Opt-In:  Users must provide explicit consent to receive SMS messages from us by providing your phone number and checking the opt-in box on our sign-up form. Your consent is not a condition of any purchase.
2. Opt-Out:  Users have the right to opt out of receiving SMS messages at any time by replying with a standard opt-out keyword like "STOP". After opting out, the user will no longer receive SMS messages from us.

Message Frequency

The frequency of SMS messages may vary but is generally kept to a minimum as disclosed in our opt-in form.

Fees and Charges

1. Standard Rates Apply:  Message and data rates may apply to SMS messages. Users are responsible for any charges incurred from their mobile carrier.
2. No Additional Charges:  Our SMS service does not impose any additional fees beyond standard carrier rates.

Data Privacy

1. User Information:  We are committed to protecting the privacy of our users' personal information. User data collected through the SMS service will be handled in accordance with our Privacy Policy.
2. Data Use:  Collected data will only be used for delivering SMS messages and improving our services. We will not share or sell personal information to third parties without user consent.

Compliance with Telecommunications Standards

We adhere to all regulations and best practices governing 10DLC services, including but not limited to the standards set by mobile carriers and regulatory bodies.

Indemnification

Users agree to indemnify and hold harmless our company from any claims, damages, or expenses arising from their violation of these terms or misuse of the SMS service.

Modification of Terms

We reserve the right to modify these Terms of Service at any time. Continued use of the SMS service after such modifications constitutes acceptance of the new terms.

Contact Information

For any questions or concerns regarding these Terms of Service or our SMS services, please contact us at [Contact Information].

Privacy

Your privacy is very important to us, which is why we've created a separate Privacy Policy in order to explain in detail how we collect, manage, process, secure, and store your private information. Our privacy policy is included under the scope of this User Agreement.

Limitation of Warranties

By using our website, you understand and agree that all Resources we provide are "as is" and "as available". This means that we do not represent or warrant to you that:

  • i) the use of our Resources will meet your needs or requirements.
  • ii) the use of our Resources will be uninterrupted, timely, secure or free from errors.
  • iii) the information obtained by using our Resources will be accurate or reliable, and
  • iv) any defects in the operation or functionality of any Resources we provide will be repaired or corrected.

Furthermore, you understand and agree that:

  • v) any content downloaded or otherwise obtained through the use of our Resources is done at your own discretion and risk, and that you are solely responsible for any damage to your computer or other devices for any loss of data that may result from the download of such content.
  • vi) no information or advice, whether expressed, implied, oral or written, obtained by you from Digital Traffic IQ or through any Resources we provide shall create any warranty, guarantee, or conditions of any kind, except for those expressly outlined in this User Agreement.

Limitation of Liability

In conjunction with the Limitation of Warranties as explained above, you expressly understand and agree that any claim against us shall be limited to the amount you paid, if any, for use of products and/or services. Digital Traffic IQ will not be liable for any direct, indirect, incidental, consequential or exemplary loss or damages which may be incurred by you as a result of using our Resources, or as a result of any changes, data loss or corruption, cancellation, loss of access, or downtime to the full extent that applicable limitation of liability laws apply.

Copyrights/Trademarks

All content and materials available on Digital Traffic IQ, including but not limited to text, graphics, website name, code, images and logos are the intellectual property of Digital Traffic IQ, and are protected by applicable copyright and trademark law. Any inappropriate use, including but not limited to the reproduction, distribution, display or transmission of any content on this site is strictly prohibited, unless specifically authorized by Digital Traffic IQ.

Cancellation and Refund Policy

You have three (3) days from the date of initial enrollment to determine that the Products do not meet its needs. If products do not meet the your needs, then the you must notify Company in writing within three (3) days from the date of initial enrollment that you wish to terminate the Agreement to purchase Products provided hereunder and receive a refund of the corresponding fee paid by Rep.

Governing Law

This website is controlled by Digital Traffic IQ from our offices located in . It can be accessed by most countries around the world. As each country has laws that may differ from those of , by accessing our website, you agree that the statutes and laws of , without regard to the conflict of laws and the United Nations Convention on the International Sales of Goods, will apply to all matters relating to the use of this website and the purchase of any products or services through this site.

Furthermore, any action to enforce this User Agreement shall be brought in the federal, state, or local jurisdiction courts located in . You hereby agree to personal jurisdiction by such courts, and waive any jurisdictional, venue, or inconvenient forum objections to such courts.