TERMS AND CONDITIONS OF USE - TheTrafficOptimizer.com, Insta!Website Services

Thank you for visiting our website. If you want to use this website, you must agree to conform to and be legally bound by the terms and conditions described below.

IF YOU DISAGREE WITH ANY OF THESE TERMS OR CONDITIONS, DO NOT USE OUR WEBSITE.

1. Minors.

We do not provide services or sell products to children. If you are below the age of 18, you may use our website only with the permission and active involvement of a parent or legal guardian. If you are a minor, please do not provide us or other website visitors with any personal information.

2. Privacy Policy Is Part Of These Terms And Conditions.

Our privacy policy is part of, and subject to, these terms and conditions of use. You may view our privacy policy by clicking this link.

3. Anti-Spam Policy Is Part Of These Terms And Conditions.

Our anti-Spam policy is part of, and subject to, these terms and conditions of use. SPAM or unsolicited commercial email (UCE) will not be tolerated. The Site has a NO SPAM TOLERANCE. Formal complaints of SPAM will be dealt with with top priority. Confirmed SPAM or UCE complaints against you will result in the IMMEDIATE termination of membership to the Site without reimbursements of funds (whole or partial), any Site points or credits accumulated, or anything else. Legal action will be persued by the Site for any loss or damages incurred due to SPAM or UCE complaints against any member or user of the Site.

4. Modifications And Terminations.

These terms and conditions may change from time to time. If such changes are made, they will be effective immediately, and we will notify you by a notice posted on our website's home page of the changes that have been made. If you disagree with the changes that have been made, you should not use our website.

We may terminate these terms and conditions of use for any reason and at any time without notice to you.

If you are concerned about these terms and conditions of use, you should read them each time before you use our website. Any questions or concerns should be brought to our attention by sending an e-mail to legal@mmsuccess.com, and providing us with information relating to your concern.

5. Licensee Status.

You understand and agree that your use of our website is limited and non-exclusive as a revocable licensee. We may terminate your license to use our website, and access to our website, for any reason, and without giving you notice.

You are responsible for tracking and/or cancelling any subscriptions or payments or investments made to the Site. Due to the nature of the Site, refunds will not be given in whole or in part.

6. Content Ownership.

All content on our website is owned by us or our content suppliers. On behalf of ourselves and our content suppliers, we claim all property rights, including intellectual property rights, for this content and you are not allowed to infringe upon those rights. We will prosecute to the fullest extent of the law anyone who attempts to steal our property.

You agree not to copy content from our website without our permission. Any requests to use our content should be submitted to us by e-mail to legal@mmsuccess.com.

If you believe that your intellectual property rights have been infringed upon by our website content, please notify us by sending an e-mail to legal@mmsuccess.com, or by sending mail to us at the address listed below. Please describe in detail the alleged infringement, including the factual and legal basis for your claim of ownership.

The Site is not connected to, partnered with, or affiliated any site that is in rotation or advertised on the Site. You must take it upon yourself to research or investigate any site advertised on the Site before making an investment in any site. You can check out businesses at the Better Business Bureau as well as various places on the internet.

7. Disclaimers And Limitations Of Liability.

The information on our website is provided on an ''as is,'' ''as available'' basis. You agree that your use of our website is at your sole risk. We disclaim all warranties of any kind, including but not limited to, any express warranties, statutory warranties, and any implied warranties of merchantability, fitness for a particular purpose, and non-infringement. We do not warrant that our website will always be available, access will be uninterrupted, be error-free, meet your requirements, or that any defects in our website will be corrected.

The Site is offered as-is without any guarantees. It does not even offer the guarantee of fitness for a particular purpose, INCLUDING THE PURPOSE IT IS INTEDED FOR. The site may experience down time or maitenance time in which you may not be able to log in to your account. The site may have unforeseen errors in functionality which in turn may cause in a reduction or increase in benefits to your account.

Information on our website should not necessarily be relied upon and should not to be construed to be professional advice from us. We do not guarantee the accuracy or completeness of any of the information provided, and are not responsible for any loss resulting from your reliance on such information.

If your jurisdiction does not allow limitations on warranties, this limitation may not apply to you. Your sole and exclusive remedy relating to your use of the site shall be to discontinue using the site.

Under no circumstances will we be liable or responsible for any direct, indirect, incidental, consequential (including damages from loss of business, lost profits, litigation, or the like), special, exemplary, punitive, or other damages, under any legal theory, arising out of or in any way relating to our website, your website use, or the content, even if advised of the possibility of such damages.

Our total liability for any claim arising out of or relating to our website shall not exceed twenty ($20) dollars and that amount shall be in lieu of all other remedies which you may have against us or our affiliates. Any such claim shall be subject to confidential binding arbitration as described later in these terms and conditions of use.

8. Obscene And Offensive Content.

We are not responsible for any obscene or offensive content that you receive or view from others while using our website. However, if you do receive or view such content, please contact us by e-mail to legal@mmsuccess.com so that we can investigate the matter. Although we are not obligated to do so, we reserve the right to monitor, investigate, and remove obscene or offensive material posted to our website.

9. Indemnification.

You understand and agree that you will indemnify, defend and hold us and our affiliates harmless from any liability, loss, claim and expense, including reasonable attorney's fees, arising from your use of our website or your violation of these terms and conditions.

10. Earnings Disclaimer

Every effort has been made to accurately represent this product and its potential. Even though this industry is one of the few where one can write their own check in terms of earnings, there is no guarantee that you will earn any money using the techniques and ideas in these materials. Examples and testimonials in these materials are not to be interpreted as a promise or guarantee of earnings. Earning potential is entirely dependent on the person using our product, their ideas and techniques.

MATERIALS IN OUR PRODUCT AND OUR WEBSITE MAY CONTAIN INFORMATION THAT INCLUDES OR IS BASED UPON FORWARD-LOOKING STATEMENTS WITHIN THE MEANING OF THE SECURITIES LITIGATION REFORM ACT OF 1995. FORWARD-LOOKING STATEMENTS GIVE OUR EXPECTATIONS OR FORECASTS OF FUTURE EVENTS. YOU CAN IDENTIFY THESE STATEMENTS BY THE FACT THAT THEY DO NOT RELATE STRICTLY TO HISTORICAL OR CURRENT FACTS. THEY USE WORDS SUCH AS "ANTICIPATE," "ESTIMATE," "EXPECT," "PROJECT," "INTEND," "PLAN," "BELIEVE," AND OTHER WORDS AND TERMS OF SIMILAR MEANING IN CONNECTION WITH A DESCRIPTION OF POTENTIAL EARNINGS OR FINANCIAL PERFORMANCE.

ANY AND ALL FORWARD LOOKING STATEMENTS HERE OR ON ANY OF OUR SALES MATERIAL ARE INTENDED TO EXPRESS OUR OPINION OF EARNINGS POTENTIAL. MANY FACTORS WILL BE IMPORTANT IN DETERMINING YOUR ACTUAL RESULTS AND NO GUARANTEES ARE MADE THAT YOU WILL ACHIEVE RESULTS SIMILAR TO OUR’S OR ANYBODY ELSE’S, IN FACT, NO GUARANTEES ARE MADE THAT YOU WILL ACHIEVE ANY RESULTS FROM OUR IDEAS AND TECHNIQUES IN OUR MATERIAL.

As with any business, your results may vary, and will be based on your background, dedication, desire, and motivation. We make no guarantees regarding the level of success you may experience. Any testimonials and examples used are exceptional results, which do not apply to the average purchaser, and are not intended to represent or guarantee that anyone will achieve the same or similar results. You may also experience unknown or unforeseeable risks which can reduce results. We are not responsible for your actions.

The use of our information, products, and services should be based on your own due diligence and you agree that our company is not liable for any success or failure of your business that is directly or indirectly related to the purchase or use of our information, products and services.

There is no guarantee that you will be successful using the techniques and ideas in these materials. Results vary. No express or implied guarantees of success are made by our company.

11. Compliance With Governing Law And Dispute Resolution.

You agree to obey all applicable laws while using our website.

You agree that the laws of the State of Delaware govern these terms and conditions of use without regard to conflicts of laws provisions.

You also agree that any dispute between you and us, excluding any intellectual property right infringement claims we pursue against you, shall be settled solely by confidential binding arbitration per the American Arbitration Association commercial arbitration rules. All claims must arbitrated on an individual basis, and cannot be consolidated in any arbitration with any claim or controversy of anyone else. All arbitration must occur in New York City, NY, U.S.A.. Each party shall bear one half of the arbitration fees and costs incurred, and each party is responsible for its own lawyer fees.

12. Severability Of These Terms And Conditions.

If any part of these terms and conditions of use are determined by a court of competent jurisdiction to be invalid or unenforceable, that part shall be limited or eliminated to the minimum extent necessary so that the remainder of these terms and conditions are fully enforceable and legally binding.

13. How To Contact Us.

Any questions or concerns about these terms and conditions of use should be brought to our attention by e-mail to legal@mmsuccess.com, and providing us with information relating to your concern.

You may also mail your concerns to us at the following address:

Mirimar Enterprises, LLC
PO Box 7334 - 102287
San Francisco, CA 94120-7334

14. Entire Agreement.

These terms and conditions, including the policies incorporated herein by express reference, constitutes your entire agreement with us with respect to your use of our website.

These terms and conditions were last updated on May 18, 2009.

Copyright ©2007 Michael E. Young, and licensed for use by Mirimar Enterprises, LLC at http://www.thetrafficoptimizer.com/. All Rights Reserved. No portion of this document may be copied or used by anyone other than the licensee without the express written permission of both Michael E. Young, Esquire at http://www.mikeyounglaw.com/, and Mirimar Enterprises, LLC at the address supplied above.