Welcome to TD® (http://irresistiblevacations.com/). By properly using this site, you are agreeing to comply with and be bound by the following terms of use. Please review the following terms carefully. If you do not agree to these terms, please do not use this site.
1. Acceptance of Agreement. By your use of this site (the “Site”), you agree to the terms and conditions of this Terms of Use Agreement (“Terms of Use” or “Agreement”). This Agreement constitutes the entire and only agreement between InstaTraffic and you, and supersedes all prior or contemporaneous agreements, representations, warranties and understandings with respect to the Site, the content, products or services provided by or through the Site, and the subject matter of this Agreement. This Agreement may be amended from time to time without prior notice to you. Your continued use of this Site constitutes acceptance of any changes. If at any time these Terms of Use are no longer acceptable to you, you should immediately cease all use of this Site.
2. Intellectual Property.
2.1 Copyright. The text, data, sound, content, organization, graphics, design, compilation, software, programming, magnetic translation, digital conversion and other matters related to the Site are protected under applicable copyrights, trademarks and other proprietary (including but not limited to intellectual property) rights. The copying, redistribution, use or publication by you of any such matters or any part of the Site, except as allowed by this Agreement, is strictly prohibited. You do not acquire ownership rights to any content, document or other materials viewed through the Site. The posting of information or materials on the Site does not constitute a waiver of any right in such information and materials. Some of the content on the site is the copyrighted work of third parties.
2.2 Copyrights of Others. InstaTraffic respects the intellectual property of others, and InstaTraffic asks you to do the same. If you believe a work has been copied in a way that constitutes copyright infringement, please provide InstaTraffic the following information: a. an electronic or physical signature of the person authorized to act on behalf of the owner of the copyright interest; b. a description of the copyrighted work that you believe has been infringed; c. a description of where the material that you believe is infringing is located on the Site; d. your address, telephone number, and email address; e. a statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law; and f. a statement by you, made under penalty of perjury, that the above information in your Notice is accurate and that you are the copyright owner or authorized to act on the copyright owner’s behalf.
2.3 Service and Trademarks. “InstaTraffic” and others are service marks or trademarks of InstaTraffic, whether registered or not. Other product and company names mentioned in the Site may be service or trademarks of their respective owners.
3. Limited License; Permitted Uses. You are granted a non-exclusive, non-transferable, revocable license (a) to access and use the Site strictly in accordance with this Agreement; (b) to use the Site solely for internal, personal, and non-commercial purposes; and (c) to print out discrete information from the Site solely for internal, personal, and non-commercial purposes and provided that you maintain all copyright and other policies contained therein.
4. Restrictions and Prohibitions on Use. Your license for access and use of the Site and any information, materials or documents (collectively defined as “Content and Materials”) are subject to the following restrictions and prohibitions on use: You may not (a) copy, print (except for the express limited purpose permitted in Section 3 of this Agreement), republish, display, distribute, transmit, sell, rent, lease, loan or otherwise make available in any form or by any means all or any portion of the Site or any Content and Materials retrieved from it; (b) use the Site or any materials obtained from the Site to develop, or as a component of, any information, storage and retrieval system, database, information base, or similar resource (in any media now existing or hereafter developed), that is offered for commercial distribution of any kind, including through sale, license, lease, rental, subscription, or any other commercial distribution mechanism; (c) create compilations or derivative works of any Content and Materials from the Site; (d) use any Content and Materials from the Site in any manner that may infringe any copyright, intellectual property right, proprietary right, or property right of InstaTraffic or any third parties; (e) remove, change or obscure any copyright notice or other proprietary notice or terms of use contained in the Site; (f) make any portion of the Site available through any timesharing system, service bureau, the Internet or any other technology now existing or developed in the future; (g) remove, decompile, disassemble or reverse engineer any Site software or use any network monitoring or discovery software to determine the Site architecture; (h) use any automatic or manual process to harvest information from the Site; (i) use the Site for the purpose of gathering information for or transmitting (1) unsolicited commercial email; (2) email that makes use of headers, invalid or nonexistent domain names, or other means of deceptive addressing; and (3) unsolicited telephone calls or facsimile transmissions; (j) use the Site in a manner that violates any state or federal law regulating email, facsimile transmissions or telephone solicitations; and (k) export or re-export the Site or any portion thereof, or any software available on or through the Site, in violation of the export control laws or regulations of the United States.
5. Linking to the Site. You may provide links to the Site, provided (a) that you do not remove or obscure, by framing or otherwise, advertisements, the copyright notice, or other notices on the Site, (b) your site does not engage in illegal or pornographic activities, and (c) you discontinue providing links to the Site immediately upon request by InstaTraffic.
6. Advertisers. The Site may contain advertising and sponsorships. See Cookie Policy Here. Advertisers and sponsors are responsible for ensuring that material submitted for inclusion on the Site is accurate and complies with applicable laws. InstaTraffic is not responsible for the illegality or any error, inaccuracy or problem in the advertiser’s or sponsor’s materials.
7. Registration. Certain sections of, or offerings from, the Site may require you to register. If registration is requested, you agree to provide InstaTraffic with accurate and complete registration information. InstaTraffic will not permit (a) any other person to use the registered sections under your name; or (b) access through a single name being made available to multiple users on a network. You are responsible for preventing such unauthorized use.
8. Errors, Corrections and Changes. There is no representation or warranty that the Site will be error-free, free of viruses or other harmful components, or that defects will be corrected. There is no representation or warranty that the information available on or through the Site will be correct, accurate, timely or otherwise reliable. InstaTraffic may make changes to the features, functionality or content of the Site at any time without prior notice to users. InstaTraffic reserves the right in its sole discretion to edit or delete any documents, information or other content appearing on the Site, may restrict, suspend or terminate your access to all or any part of the Site at any time for any reason without prior notice to you and without any liability to InstaTraffic.
9. Third Party Content. Third party content may appear on the Site or may be accessible via links from the Site. InstaTraffic is not responsible for and assumes no liability for any mistakes, misstatements of law, defamation, omissions, falsehood, opinions, representations or any other form of content on the Site. You understand that information and opinions in any third party content represent solely the thoughts of the third party and is not endorsed by nor does it necessarily reflect the belief of InstaTraffic.
10. Unlawful Activity. InstaTraffic reserves the right to investigate complaints or reported violations of this Agreement and to take any appropriate action, including but not limited to reporting any suspected unlawful activity to law enforcement officials, regulators, or other third parties and disclosing any information necessary or appropriate to such persons or entities relating to your profile, email addresses, usage history, posted materials, IP addresses and traffic information.
11. Indemnification. You agree to indemnify, defend and hold InstaTraffic, its owners, agents, officers, directors, employees, subcontractors, successors, assigns, third party suppliers of information and documents, attorneys, advertisers, product and service providers, and affiliates (collectively, “Affiliated Parties”) harmless from any liability, loss, claim and expense, including reasonable attorney’s fees, arising from or related to (i) any use or alleged use of this Site under your password or other unique identifier by any other person, whether or not authorized by you, (ii) your breach of these Terms of Use, and (iii) your violation of any law or the rights of any InstaTraffic Party or any third party arising out of your use of or inability to use this Site, its Contents, any hyperlinked website, and any of the products and services made available on this Site. InstaTraffic reserves the right to assume and delegate the exclusive defense and control of any claims, demands and actions arising in connection with this indemnity and you agree to cooperate with InstaTraffic and its designees’ defense of these claims, demands and actions.
12. Nontransferable. Your right to use the Site is not transferable or assignable. Any password or right given to you to obtain information or documents is not transferable or assignable.
13. Disclaimer. THE INFORMATION, CONTENT AND DOCUMENTS FROM OR THROUGH THE SITE ARE PROVIDED “AS-IS,” “AS AVAILABLE,” WITH “ALL FAULTS”, AND ALL WARRANTIES, EXPRESS OR IMPLIED, ARE DISCLAIMED (INCLUDING BUT NOT LIMITED TO THE DISCLAIMER OF ANY IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE). THE INFORMATION AND SERVICES MAY CONTAIN BUGS, ERRORS, PROBLEMS OR OTHER LIMITATIONS. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM InstaTraffic THROUGH THE SITE OR OTHERWISE SHALL CREATE ANY WARRANTY, REPRESENTATION OR GUARANTEE NOT EXPRESSLY STATED IN THIS AGREEMENT. ALL RESPONSIBILITY OR LIABILITY FOR ANY DAMAGES CAUSED BY VIRUSES CONTAINED WITHIN THE ELECTRONIC FILE CONTAINING A FORM OR DOCUMENT IS DISCLAIMED.
14. Limitation of Liability. InstaTraffic and any Affiliated Party shall not be liable for any loss, injury, claim, liability, or damage of any kind resulting in any way from (1) any errors in or omissions from the Site or any services or products obtainable therefrom, (2) the unavailability or interruption of the Site or any features thereof, (3) your use of the Site, (4) the content contained on the Site, or (5) any delay or failure in performance beyond the control of a Covered Party.
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL InstaTraffic, ITS SUBSIDIARIES AND AFFILIATES, AND THEIR RESPECTIVE OFFICERS, DIRECTORS, OWNERS, AGENTS, EMPLOYEES, REPRESENTATIVES AND LICENSORS BE LIABLE FOR ANY SPECIAL, INCIDENTAL, INDIRECT, CONSEQUENTIAL, PUNITIVE OR EXEMPLARY LOSSES OR DAMAGES WHATSOEVER (INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF REVENUE, LOSS OF PROFITS, LOSS OF DATA, FAILURE TO REALIZE EXPECTED SAVINGS, INTERRUPTION OF ACTIVITIES, OR ANY OTHER PECUNIARY OR ECONOMIC LOSS) ARISING OUT OF THE USE OF OR INABILITY TO USE THIS SITE OR ITS CONTENT, OR ANY PRODUCT OR SERVICE DESCRIBED OR PROVIDED ON THIS SITE. IN NO EVENT SHALL ANY PARTY BE LIABLE FOR ANY DAMAGES OF ANY KIND ARISING FROM THE USE OF ANY HYPER-LINKED WEBSITE.
IN ANY EVENT AND WITHOUT LIMITING THE GENERALITY OF THE FOREGOING, THE InstaTraffic PARTIES’ COMBINED TOTAL LIABILITY TO YOU FOR ALL DAMAGES, LOSSES, CLAIMS AND CAUSES OF ACTION, SHALL BE LIMITED IN THE AGGREGATE TO $100.
You agree that all of the foregoing limitations of liability are comprehensive and apply to all damages, losses, expenses, claims and causes of action of any kind, whether arising from breach of contract, tort (including negligence), strict liability or otherwise, and even if any of the InstaTraffic Parties have been advised of or could reasonably foresee the possibility of such damages, losses, expenses and claims occurring.
15. Use of Information. InstaTraffic reserves, and you authorize InstaTraffic, the right to the use and assignment of all information regarding Site uses by you and all information provided by you in any manner consistent with the InstaTraffic Privacy Policy. All remarks, suggestions, ideas, graphics, or other information communicated by you to InstaTraffic (collectively, a “Submission”) will be InstaTraffic property. InstaTraffic will not be required to treat any Submission as confidential, and will not be liable for any ideas (including without limitation, product, service or advertising ideas) and will not incur any liability as a result of any similarities that may appear in InstaTraffic future products, services or operations. Without limitation, InstaTraffic will have exclusive ownership of all present and future existing rights to the Submission of every kind and nature everywhere. InstaTraffic will be entitled to use the Submission for any commercial or other purpose whatsoever, without compensation to you or any other person sending the Submission. You acknowledge that you are responsible for whatever material you submit, and you, not InstaTraffic, have full responsibility for the message, including its legality, reliability, appropriateness, originality, and copyright.
16. Third-Party Services.InstaTraffic may allow access to or advertise certain third-party product or service providers (“Merchants”) from which you may purchase certain goods or services. You understand that we do not operate or control the products or services offered by Merchants. Merchants are responsible for all aspects of order processing, fulfillment, billing and customer service. InstaTraffic is not a party to the transactions entered into between you and any Merchant. You agree that use of or purchase from such Merchants is AT YOUR SOLE RISK AND IS WITHOUT WARRANTIES OF ANY KIND BY InstaTraffic, EXPRESSED, IMPLIED OR OTHERWISE INCLUDING WARRANTIES OF TITLE, FITNESS FOR PURPOSE, MERCHANTABILITY OR NON-INFRINGEMENT. UNDER NO CIRCUMSTANCES IS InstaTraffic LIABLE FOR ANY DAMAGES ARISING FROM THE TRANSACTIONS BETWEEN YOU AND ANY MERCHANT OR FOR ANY INFORMATION APPEARING ON A MERCHANT SITE OR ANY OTHER SITE LINKED TO OUR SITE.
16.1 Third-Party Merchant Policies. All rules, policies (including privacy policies) and operating procedures of Merchants will apply to you while on any Merchant sites. We are not responsible for information provided by you to Merchants. InstaTraffic and the Merchants are independent contractors and neither party has authority to make any representations or commitments on behalf of the other.
17. Privacy Policy.During your use of this Site, you may voluntarily submit personal information to InstaTraffic. InstaTraffic is committed to ensuring responsible practices in the collection, use and disclosure of your personal information in accordance with applicable law. The terms and conditions of the Privacy Policy are incorporated by reference into and form a binding part of these Terms of Use. InstaTraffic Privacy Policy may be changed from time to time without prior notice to you. We use tracking cookies to ensure a personalized experience while you are on The Senior List. Check out our cookie policy here. You can request the data we hold on you, as well as requesting removal of this data. Send us a message through our contact form if you would like to request information about your personal data.
BY SUBMITTING PERSONAL INFORMATION TO InstaTraffic OR ITS SERVICE PROVIDERS AND AGENTS, YOU AGREE TO OUR COLLECTION, USE AND DISCLOSURE OF SUCH PERSONAL INFORMATION FOR THE PURPOSES FOR WHICH YOU SUBMITTED THE INFORMATION, AND AS DESCRIBED IN AND IN ACCORDANCE WITH OUR PRIVACY POLICY, AND AS PERMITTED OR REQUIRED BY LAW.
If you do not agree with our Privacy Policy, please do not provide InstaTraffic with any personal information.
18. Contest/Game Rules. InstaTraffic may offer you the opportunity to enter into contests, games and prize drawings but any such games and contests will be subject to additional terms and conditions and/or rules. By entering into such contests and playing such games, you agree to be bound by the applicable additional terms, conditions and rules.
19. Payments. You represent and warrant that if you are purchasing something from InstaTraffic or from Merchants that (i) any credit information you supply is true and complete, (ii) charges incurred by you will be honored by your credit card company, and (iii) you will pay the charges incurred by you at the posted prices, including any applicable taxes.
20. Securities Laws. The Site may include statements concerning InstaTraffic operations, prospects, strategies, financial condition, future economic performance and demand for InstaTraffic products or services, as well as InstaTraffic intentions, plans and objectives (particularly with respect to product and service offerings), that are forward-looking statements. These statements are based upon a number of assumptions and estimates that are subject to significant uncertainties, many of which are beyond InstaTraffic control. When used on the InstaTraffic Site, words like “anticipates,” “expects,” “believes,” “estimates,” “seeks,” “plans,” “intends,” “will” and similar expressions are intended to identify forward-looking statements designed to fall within securities law safe harbors for forward-looking statements. The Site and the information contained herein does not constitute an offer or a solicitation of an offer for sale of any securities. None of the information contained herein is intended to be, and shall not be deemed to be, incorporated into any of our securities-related filings or documents.
21. Links to other Web Sites. The Site may contain links to other Web sites. InstaTraffic is not responsible for the content, accuracy or opinions express in such Web sites, and such Web sites are not investigated, monitored or checked for accuracy or completeness by InstaTraffic. Inclusion of any linked Web site on this Site does not imply approval or endorsement of the linked Web site by InstaTraffic. If you decide to leave this Site and access these third-party sites, you do so at your own risk.
22. Information and Press Releases. The Site may contain information and press releases about InstaTraffic. InstaTraffic disclaims any duty or obligation to update this information or any press releases. Information about companies other than InstaTraffic contained in the press release or otherwise, should not be relied upon as being provided or endorsed by InstaTraffic.
23. Legal Compliance. You agree to comply with all applicable domestic and international laws, statutes, ordinances and regulations regarding your use of the Site and the Content and Materials provided therein.
24. General. This Agreement shall be treated as though it were executed and performed in Portland, Oregon, United States of America (USA), and shall be governed by and construed in accordance with the laws of the State of Oregon (without regard to conflict of law principles). Any cause of action by you with respect to the Site (and/or any information, Documents, products or services related thereto) must be instituted within one (1) year after the cause of action arose or be forever waived and barred. All actions shall be subject to the limitations set forth above. The language in this Agreement shall be interpreted as to its fair meaning and not strictly for or against any party. This Agreement and all incorporated agreements and your information may be automatically assigned by InstaTraffic in its sole discretion to a third party in the event of an acquisition, sale or merger. Should any part of this Agreement be held invalid or unenforceable, that portion shall be construed consistent with applicable law and the remaining portions shall remain in full force and effect. To the extent that anything in or associated with the Site is in conflict or inconsistent with this Agreement, this Agreement shall take precedence. Any InstaTraffic failure to enforce any provision of this Agreement shall not be deemed a waiver of such provision nor of the right to enforce such provision. Any InstaTraffic rights under this Agreement shall survive any termination of this Agreement.
25. Acceptance.
YOU HEREBY AFFIRM THAT YOU HAVE READ AND AGREE TO BE BOUND BY THESE TERMS OF USE AND THE PRIVACY POLICY.
