These Terms Of Service Are Effective September 1, 2010
ChokerTraffic.com is owned by Choker Media LLC. Choker Media LLC and ChokerTraffic.com will herein be referred to as ("Company"). Customers of Company will herein be referred to as ("Clients") and sole customer ("Client").
Acceptance of Agreement
As a participant in this program, you agree to the terms and conditions outlined in this Terms of Service Agreement ("Agreement") with
respect to our site (the "Site"). This Agreement constitutes the entire and only agreement between us 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 at any time by us from time to
time without specific notice to you.
Clients shall at all times defend, indemnify and hold harmless Company and its officers, directors, shareholders, employees, accountants,
attorneys, agents, affiliates, subsidiaries, successors, and assigns from and against any and all third-party claims, damages,
liabilities, costs and expenses, including reasonable legal fees and expenses, arising out of or related to the content of Clients
advertisements served by Company pursuant to this Agreement and/or any materials to which users can link through those advertisements.
We reserve the right to investigate complaints, reported violations, or any suspicious use in relation to Company property whether
tangible or not including but not limited to software, servers, products, services, websites, or technologies. As a result, any action
we deem appropriate may be taken, 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 any other pertinent information that may be available.
Clients of our Site can fund their account as needed and can pace said funds by utilizing the provided budgeting and/or hourly cap ("Budget/Cap") features.
Our network (the "Network") will attempt to deliver selected services in accordance to current Budget/Cap set by Client. Company cannot
guarantee that set Budget/Cap will be met fully, or that volume of services rendered and subsequent funds used will be concurrently
precise and/or invariable.
Limitation of Liability
(a) UNDER NO CIRCUMSTANCES SHALL COMPANY BE LIABLE TO CLIENTS OR ANY THIRD PARTY FOR INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL OR
EXEMPLARY DAMAGES (EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), ARISING FROM THIS AGREEMENT, SUCH AS, BUT NOT LIMITED TO, LOSS OF
REVENUE OR ANTICIPATED PROFITS OR LOST BUSINESS, COSTS OF DELAY, OR LIABILITIES TO THIRD PARTIES ARISING FROM ANY SOURCE.
(b) Company disclaims any and all representations and warranties, including any regarding merchantability, fitness for particular purposes, suitability, compliance with laws, quality, or otherwise, with respect to the Site.
(c) In no event shall Company be liable in any way to Client for an amount greater than Client's current unused account balance.
Refunds may be provided to Client at any time up to the amount of Client's account balance. Funds that have already been deducted from
balance are not eligible to be refunded. Upon refund, Company reserves the right to adjust any balance that may have been inflated by any
means such as, but not limited to a previously credited amount that was not the result of a payment initiated by Client.
In any instance where a Client's service has been terminated due to a violation of Company stated use policies or other generally
acceptable Internet standards - NO refund either full or partial - shall be due the Client.
Any reports or statistics generated by Company are the property of Company and deemed to be the sole and indisputable measurement of
services rendered. Company reserves the right to delete older reports and statistical information as needed.
Company shall not be liable to Clients for any failure or delay in its performance or service due to any cause beyond its control,
including acts of war, acts of God, earthquake, riot, sabotage, labor shortage or dispute, Internet interruption, government acts,
technology failure, and other similar events.
Any legal controversy or legal claim arising out of or relating to this Agreement or our services, excluding legal action taken by us to
collect or recover damages for, or obtain any injunction relating to, Site operations, intellectual property, and our services, shall be
settled solely by binding arbitration. Any such controversy or claim shall be arbitrated on an individual basis, and shall not be
consolidated in any arbitration with any claim or controversy of any other party. The arbitration shall be conducted in
Orlando, Florida, and judgment on the arbitration award may be entered into any court having jurisdiction thereof. Either you or us may
seek any interim or preliminary relief from a court of competent jurisdiction in Orlando, Florida necessary to protect the rights or
property of you and us pending the completion of arbitration. Each party shall bear one-half of the arbitration fees.
Company reserves any and all right to change these terms at any time without notices. Your continuance and usage of Site signifies that
you are in compliance and agreement with these terms.