Terms of Service and End User Agreement

The following constitutes the entire agreement between you and MarketPacer.com, and sets forth the terms and conditions under which you may use the MarketPacer.com website.

By enrolling as a client, accessing, or otherwise using our system, you agree to these terms of service and to the conditions contained in both our Privacy Statement and our Anti-Spam Policy. If you do not agree to these terms, you may not use, operate, or distribute our system in any way, nor may you participate in any affiliate program or programs MarketPacer.com may offer. Since MarketPacer.com may find it necessary to update our policies as we grow and expand, we reserve the right, at any time, to modify, alter, or update these Terms of Service without notice and without liability. Your continued participation in the MarketPacer.com program or use of our system or any MarketPacer.com services following the posting of changes to these terms (including the Privacy Statement) will mean you accept such modifications.

Copyright

All content and information included on MarketPacer.com, such as text, graphics, logos, button icons, images, audio clips, and system, and the arrangement thereof, is the property of MarketPacer.com or its content suppliers and protected by U.S. and international copyright laws. Unless otherwise noted on MarketPacer.com, you are authorized to view, download, cache, copy and print the content solely for your personal use and not for re-sale or further distribution, subject to the following conditions:

Graphics and other promotional material designed by MarketPacer.com specifically for your use on your own web pages are exempt from these restrictions and may be placed on your web pages via the HTML codes MarketPacer.com provides you for doing so, but may not be altered in any way.

Any other use, including the reproduction, modification, distribution, transmission, republication, display, or performance, of the content is strictly prohibited.

Trademarks

All trademarks, service marks, and trade names are proprietary to MarketPacer.com or other respective owners that have granted MarketPacer.com the right and license to use such trademarks.

Disclaimer

THE CONTENT AND ANY OTHER INFORMATION, SERVICES, PRODUCTS, AND MATERIALS CONTAINED ON THIS SITE ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS, IMPLIED OR STATUTORY INCLUDING BUT NOT LIMITED TO WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, NONINFRINGEMENT OF THIRD PARTY RIGHTS, AND IMPLIED WARRANTIES ARISING FROM COURSE OF DEALING OR COURSE OF PERFORMANCE. IN ADDITION, MarketPacer.com DOES NOT REPRESENT OR WARRANT THAT THE INFORMATION ACCESSIBLE VIA THIS SITE IS ACCURATE, COMPLETE OR CURRENT. FURTHER, MarketPacer.com EXPLICITLY DISCLAIMS ANY RESPONSIBILITY FOR THE ACCURACY, CONTENT, OR AVAILABILITY OF INFORMATION FOUND ON SITES THAT LINK TO OR FROM MarketPacer.com FROM THIRD PARTIES NOT ASSOCIATED WITH MarketPacer.com.

MarketPacer.com DOES NOT WARRANT THAT YOUR USE OF THIS SITE, OR THE OPERATION OR FUNCTION OF THIS SITE, ANY COMPONENT THEREOF, OR ANY SERVICES OFFERED IN CONNECTION THEREWITH, WILL BE UNINTERRUPTED OR ERROR FREE; OR THAT DEFECTS THEREWITH WILL BE CORRECTED; INCLUDING BUT NOT LIMITED TO ERRORS IN TRANSMISSION

Traffic Delivery Times

All targeted traffic campaigns are guaranteed within 30 days of the campaign starting. Campaigns generally take 2-3 business days to set up and get started. Although MarketPacer.com offers faster delivery times, due to situations which may arrise within our system we can only guarantee a 30 days delivery period of traffic purchased. Any traffic campaign which is not completed within the 30 day guaranteed time frame will be given a prorated refund.

Video Traffic campaigns are guaranteed within a 60 days period of the campaign starting. Video traffic generally takes 1-2 business days to set up and get started. Although most campaigns run faster, there are outside influences that can make completion times take longer. If we cannot deliver the amount of traffic within 60 days we will provide a prorated refund.

Advise receved from Marketpacer or its staff:

Any advice, formula, instruction, or any suggestion you receive via MarketPacer.com is for informational purposes only and you agree that you are entirely responsible for evaluating the usefulness or safety of any such information.

Limitation of Liability

UNDER NO CIRCUMSTANCES, INCLUDING BUT NOT LIMITED TO NEGLIGENCE, SHALL MarketPacer.com BE LIABLE FOR ANY INCIDENTAL, INDIRECT, PUNITIVE, COMPENSATORY, SPECIAL OR CONSEQUENTIAL DAMAGES THAT RESULT FROM THE USE OF, OR THE INABILITY TO USE, THE MATERIALS IN THIS SITE, EVEN IF MarketPacer.com OR A MarketPacer.com REPRESENTATIVE HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. APPLICABLE LAW MAY NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY OR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU. IN NO EVENT SHALL MarketPacer.com’S TOTAL LIABILITY TO YOU FOR ALL DAMAGES, LOSSES, AND CAUSES OF ACTION (WHETHER IN CONTRACT, TORT OR OTHERWISE) EXCEED THE AMOUNT PAID BY YOU FOR THE SUBSCRIPTION DURING THE PERIOD IN QUESTION.

Intended Audience

MarketPacer.com controls and operates MarketPacer.com from its headquarters in the United States of America. If you use MarketPacer.com from outside the United States of America, you are entirely responsible for compliance with applicable local laws, including but not limited to the export and import regulations of other countries in relation to the content.

Third Party Services

Certain services available for your use on MarketPacer.com may be provided by third parties. Your use of such services will be subject to the terms and conditions and privacy policies provided by the applicable third party service providers, and MarketPacer.com will have no liability with regard to your use of such services.

External Sites

This site contains links to other sites on the Internet that are owned and operated by third party vendors and other third parties. You acknowledge that MarketPacer.com is not responsible for the availability of, or the content located on or through, any External Site and such links to External Sites do not constitute an endorsement by MarketPacer.com of those sites. You should contact the site administrator or Webmaster for those External Sites if you have any concerns regarding such links or the content located on such External Sites.

Liability

We will not be liable for indirect or accidental damages (loss of revenue, commissions) due to affiliate tracking failures, loss of database files, and any results of “intents of harm” to the program or our website. We do not make any expressed or implied warranties with respect to the affiliate program and/or products sold at this site. We make no claim that the operation of the affiliate program and our website will be error-free and we will not be liable for any interruptions or errors.

General

MarketPacer.com does not generally monitor your data or transmissions. However, in MarketPacer.com’s efforts to promote good citizenship within the Internet community, if MarketPacer.com becomes aware of inappropriate use of MarketPacer.com or any MarketPacer.com product or service available now or in the future, MarketPacer.com will respond accordingly. You acknowledge that MarketPacer.com will report to law enforcement authorities any actions which may be considered illegal, as well as any reports it receives of such conduct. When requested, MarketPacer.com will cooperate fully with law enforcement agencies in any investigation of alleged illegal activity on the Internet.

You assume full responsibility for the legal and responsible promotion of the MarketPacer.com program and the use of our system and undertake to indemnify MarketPacer.com from any claims that may arise by your use thereof. All traffic services within are not subject to any refunds after order has been processed.

If you violate these Terms, MarketPacer.com reserves the right to terminate service to you without notice. MarketPacer.com’s preferred course of action is to advise you of your inappropriate behavior and recommend any necessary corrective action. However, flagrant violations of these Terms, as determined by MarketPacer.com in its sole discretion, will result in immediate termination of service. In the event that your account is temporarily inactivated as a result of any prohibited activities, the account may be subject to reactivation charges and/or deposit requirements to be determined by MarketPacer.com. You understand that MarketPacer.com has the right to terminate any account for any reason that MarketPacer.com interprets as an abuse of the account.

You agree that MarketPacer.com and its licensors may improve, change, and/or discontinue any of its products, services, programs, and prices described in MarketPacer.com, if any, at any time without notice and without liability to you of any kind, and further agree that MarketPacer.com can revise these Terms at any time without notice by updating this posting. You agree that your continued use of MarketPacer.com after such modifications have been made constitutes your acceptance of such revised Terms.

Notices under and appertaining to this agreement from MarketPacer.com may be sent by MarketPacer.com to the last email address of any intended recipient.

Notices under and appertaining to this agreement from licensees must be sent by registered mail to the offices of MarketPacer.com as indicated on the “Contact Us” page of the MarketPacer.com web site.

Any action related to these Terms will be governed by Nevada law and controlling U.S. federal law, without regard to the choice or conflicts of law provisions of any jurisdiction. You agree to submit to the jurisdiction of the courts located in Clark County, in the State of Nevada, for the resolution of all disputes arising from or related to these Terms and/or your use of MarketPacer.com.

If any provision of these Terms is held by a court of competent jurisdiction to be contrary to law, then such provision(s) shall be construed, as nearly as possible, to reflect the intentions of the parties, with all other provisions remaining in full force and effect. The failure of MarketPacer.com to enforce any right or provision in these Terms shall not constitute a waiver of such right or provision unless acknowledged and agreed to by MarketPacer.com in writing. The Terms comprise the entire agreement between you and MarketPacer.com and supersede all prior or contemporaneous negotiations, discussions or agreements, if any, between the parties regarding the subject matter contained herein.

All other rights not specifically granted in this agreement and End User License are reserved by MarketPacer.com.