Tuna Traffic, LLC Terms of Service
By using Tuna Traffic’s products, software, services or web sites (“Tuna Traffic services”), you agree to the following terms and conditions (“Terms”), and any policies, guidelines or amendments thereto that may be presented to you from time to time.
Your Tuna Traffic Subscription includes the features which are detailed on the website for the Tuna Traffic service or product for which you subscribe.
- CUSTOMER SUPPORT
Customer Support for your subscription is included in the first month of your subscription. Upon successive months, your subscription allows for up to 2 phone support calls per month, If additional calls are necessary, you may be referred to seek additional Tuna Traffics products and services.
Your Tuna Traffic subscription is billed on the first day of service. The subscription is automatically renewed and billed each month on the same day of the month as the first day of service (or the last day of the month, if your subscription begins on a day that does not have a corollary in the month being billed.
The Tuna Traffic subscription may be canceled for any reason at the end of your current billing period. No refunds of pre-paid subscription fees will be offered. Customer will not have access to Tuna Traffic portal following cancellation of service. Tuna Traffic may delete all information, content and images within 60 days of termination.
Payment for additional fees such as consulting or guidance packages and migration fees are due at the beginning of the engagement with no refunds available.
- USE OF SERVICES
You are responsible for maintaining the confidentiality of your account password, and are responsible for all activities that occur under your account. You agree to immediately notify Tuna Traffic of any unauthorized use of your password or account or any other breach of security. Tuna Traffic cannot and will not be liable for any loss or damage arising from your failure to provide us with accurate information or to keep your password secure.
- APPROPRIATE CONDUCT
You understand that all information, data, text, software, music, sound, photographs, graphics, video, messages or other materials (“Content”) are the sole responsibility of the person from which such Content originated. Tuna Traffic reserves the right, but shall have no obligation, to pre-screen, flag, filter, refuse, modify or move any Content available via Tuna Traffic services. You understand that you use Tuna Traffic services at your own risk.You agree that you are responsible for your own conduct and any Content that you create, transmit or display while using Tuna Traffic services and for any consequences thereof. You agree to use Tuna Traffic services only for purposes that are legal, proper and in accordance with the Terms and any applicable policies or guidelines. You agree that you will not engage in any activity that interferes with or disrupts Tuna Traffic services or servers or networks connected to Tuna Traffic services.In addition to this agreement, your use of some specific Tuna Traffic services is governed by the policies or guidelines specific to those services and which are specifically incorporated into this agreement.You agree to comply with your company’s data usage and privacy policies.Users outside of the United States agree to comply with their own local rules regarding online conduct and acceptable content, including laws regulating the export of data to and from the United States or your country of residence.
- PROPRIETARY RIGHTSTuna Traffic services and any necessary software used in connection with Tuna Traffic services (“Software”) contain proprietary and confidential information that is protected by applicable intellectual property and other laws and treaties. Except as expressly authorized by Tuna Traffic or other proper third party rights holders, you agree not to modify, rent, lease, loan, sell, distribute or create derivative works based on Content, Tuna Traffic services or Software, in whole or in part except as specifically authorized in a separate written agreement.
Tuna Traffic claims no ownership or control over any Content submitted, posted or displayed by you on or through Tuna Traffic services. You or a third party licensor, as appropriate, retain all patent, trademark and copyright to any Content you submit, post or display on or through Tuna Traffic services and you are responsible for protecting those rights, as appropriate. By submitting, posting or displaying Content on or through Tuna Traffic services which are intended to be available to the members of the public, you grant Tuna Traffic a worldwide, non-exclusive, royalty-free license to reproduce, adapt, modify, publish and distribute such Content on Tuna Traffic services. You represent and warrant that you have all the rights, power and authority necessary to grant the rights granted herein to any Content submitted. You agree to hold harmless and indemnify us against any claims or losses imposed on, asserted or incurred as a result of or relating to: (a) the unauthorized use of Tuna Traffic by any other person using your user information. (b) Your noncompliance with any of the terms and conditions hereof, or (c) your use of Tuna Traffic.
- SOFTWARE AND AUTOMATIC UPDATES
Your use of any Software provided by Tuna Traffic will be governed by the Terms and any amendments thereto and any amendments thereto and any additional terms and conditions of the end user license agreement accompanying such Software.
- POLICIES REGARDING COPYRIGHT AND TRADEMARKS
It is our policy to respond to notices of alleged infringement that comply with the United States’ Digital Millennium Copyright Act or other applicable laws.
- GENERAL PRACTICES REGARDING USE AND STORAGE
You agree that Tuna Traffic has no responsibility or liability for the deletion or failure to store any Content and other communications maintained or transmitted.
Upon the termination of your use of Tuna Traffic services, including upon receipt of a certificate or other legal document confirming your death, Tuna Traffic will close your account and you will no longer be able to retrieve content contained in that account.
- PERSONAL NON-COMMERCIAL USE
You agree not to reproduce, duplicate, copy, sell, trade, resell or exploit for any commercial purposes, any portion of Tuna Traffic services, use of Tuna Traffic services, or access to Tuna Traffic services except as otherwise expressly provided in the Terms or as specifically authorized in a separate written agreement.
- MODIFICATIONS TO SERVICE
Tuna Traffic reserves the right at any time and from time to time to modify or discontinue, temporarily or permanently, Tuna Traffic services (or any part thereof) with or without notice. You agree that Tuna Traffic shall not be liable to you or to any third party for any modification, suspension or discontinuance of Tuna Traffic services.
You may discontinue your use of Tuna Traffic services at any time. You agree that Tuna Traffic may at any time and for any reason, including a period of account inactivity, terminate your access to Tuna Traffic services, terminate the Terms, or suspend or terminate your account. In the event of termination, your account will be disabled and you may not be granted access to Tuna Traffic services, your account or any files or other content contained in your account. Sections 12 (Termination), 14 (Indemnity), 15 (Disclaimer of Warranties), 16 (Limitations of Liability), 17 (Exclusions and Limitations) and 22 (including choice of law and severability), of the Terms, shall survive expiration or termination.
Tuna Traffic services may provide, or third parties may provide, links to other World Wide Web sites or resources. Tuna Traffic may have no control over such sites and resources and you acknowledge and agree that Tuna Traffic is not responsible for the availability of such external sites or resources, and does not endorse and is not responsible or liable for any Content, advertising, products, or other materials on or available from such sites or resources. You further acknowledge and agree that Tuna Traffic shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any such Content, goods or services available on or through any such site or resource.
You agree to hold harmless and indemnify Tuna Traffic, and its subsidiaries, affiliates, officers, agents, employees, advertisers, licensors, suppliers or partners, (collectively “Tuna Traffic and Partners”) from and against any third party claim arising from or in any way related to your use of Tuna Traffic services, violation of the Terms or any other actions connected with use of Tuna Traffic services, including any liability or expense arising from all claims, losses, damages (actual and consequential), suits, judgments, litigation costs and attorneys’ fees, of every kind and nature. In such a case, Tuna Traffic will provide you with written notice of such claim, suit or action.
- DISCLAIMER OF WARRANTIES
TUNA TRAFFIC PROVIDES THE SOFTWARE AND THE SERVICES “AS IS” WITHOUT WARRANTY OF ANY KIND EITHER EXPRESS, IMPLIED OR STATUTORY, INCLUDING BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. THIS DISCLAIMER OF WARRANTY CONSTITUTES AN ESSENTIAL PART OF THIS AGREEMENT.
- LIMITATION OF LIABILITY
YOU EXPRESSLY UNDERSTAND AND AGREE THAT TUNA TRAFFIC AND PARTNERS SHALL NOT BE LIABLE TO YOU FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES, INCLUDING BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES (EVEN IF TUNA TRAFFIC OR PARTNERS HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES) RESULTING FROM: (i) THE USE OR THE INABILITY TO USE TUNA TRAFFIC SERVICES; (ii) THE COST OF PROCUREMENT OF SUBSTITUTE GOODS AND SERVICES RESULTING FROM ANY GOODS, DATA, INFORMATION OR SERVICES PURCHASED OR OBTAINED OR MESSAGES RECEIVED OR TRANSACTIONS ENTERED INTO THROUGH OR FROM TUNA TRAFFIC SERVICES; (iii) UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA; (iv) STATEMENTS OR CONDUCT OF ANY THIRD PARTY ON TUNA TRAFFIC SERVICES; OR (v) ANY OTHER MATTER RELATING TO TUNA TRAFFIC SERVICES.
- EXCLUSIONS AND LIMITATIONS
NOTHING IN THIS AGREEMENT IS INTENDED TO EXCLUDE OR LIMIT ANY CONDITION, WARRANTY, RIGHT OR LIABILITY WHICH MAY NOT BE LAWFULLY EXCLUDED OR LIMITED. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES OR CONDITIONS OR THE LIMITATION OR EXCLUSION OF LIABILITY FOR LOSS OR DAMAGE CAUSED BY NEGLIGENCE, BREACH OF CONTRACT OR BREACH OF IMPLIED TERMS, OR INCIDENTAL OR CONSEQUENTIAL DAMAGES. ACCORDINGLY, ONLY THE ABOVE LIMITATIONS IN SECTIONS 15 AND 16 WHICH ARE LAWFUL IN YOUR JURISDICTION WILL APPLY TO YOU AND OUR LIABILITY WILL BE LIMITED TO THE MAXIMUM EXTENT PERMITTED BY LAW.
- DELAY/FORCE MAJEURE: You acknowledges that delivery dates for products and services sold hereunder are based on the assumption that there will be no delay due to causes beyond the reasonable control of Tuna Traffic. Tuna Traffic shall not be held responsible for any delay or failure in performance of any part of this Agreement to the extent such delay or failure is caused by fire, flood, explosion, war, strike, embargo, government requirement, civil or military authority, act of God, act or omission of carriers or other similar causes beyond its control and without the fault or negligence of the delayed or non-performing party or its subcontractors. In the event of such a condition, Tuna Traffic’ obligations shall be suspended for a reasonable time during which such conditions exist and you shall not be relieved of obligations to accept delivery.
- ARBITRATION: You and Tuna Traffic agree to meet and confer in good faith on all matters of common interest or all disputes relating to this Agreement. In the event a dispute is not resolved by the parties, You and Tuna Traffic agree to submit such dispute to binding arbitration under the Commercial Rules of the American Arbitration Association with such arbitration to occur in Wisconsin.
- CUSTOMER REFERENCE
Unless you instruct us otherwise in writing, you agree that we can use your company name, slogan, and logo in connection with promoting and marketing Tuna Traffic.
- NO THIRD PARTY BENEFICIARIES
You agree that, except as otherwise expressly provided in the Terms, there shall be no third party beneficiaries to the Terms.
You agree that Tuna Traffic may provide you with notices, including those regarding changes to the Terms, by email, regular mail, or postings on Tuna Traffic services.
- GENERAL INFORMATION
Entire Agreement. The Terms (including any policies, guidelines or amendments that may be presented to your form time to time such as Program Policies and Legal Notices) constitute the entire agreement between you and Tuna Traffic and govern your use of Tuna Traffic services, superseding any prior agreements between you and Tuna Traffic for the use of Tuna Traffic services. You also may be subject to additional terms and conditions that may apply when you use or purchase certain other Tuna Traffic services, affiliate services, third-party content or third-party software.Choice of Law and Forum. The Terms and the relationship between you and Tuna Traffic shall be governed by the laws of the State of Wisconsin without regard to its conflict of law provisions. You and Tuna Traffic agree to submit to the personal and exclusive jurisdiction of the courts located within the county of Racine, Wisconsin.Waiver and Severability of Terms. The failure of Tuna Traffic to exercise or enforce any right or provision of the Terms shall not constitute a waiver of such right or provision. If any provision of the Terms is found by a court of competent jurisdiction to be invalid, the parties nevertheless agree that the court should endeavor to give effect to the parties’ intentions as reflected in the provision, and the other provisions of the Terms remain in full force and effect.The section headings in the Terms are for convenience only and have no legal or contractual effect.