Privacy Policy
Terms & Conditions
Privacy Notice
This privacy notice discloses the privacy practices for www.m3traffic.com. This privacy
notice applies solely to information collected by this website. It will notify you of the
following:
1. What personally identifiable information is collected from you through the
website, how it is used and with whom it may be shared.
2. What choices are available to you regarding the use of your data.
3. The security procedures in place to protect the misuse of your information.
4. How you can correct any inaccuracies in the information.
Information Collection, Use, and Sharing
We are the sole owners of the information collected on this site. We only have access
to/collect information that you voluntarily give us via email or other direct contact from you.
We will not sell or rent this information to anyone.
We will use your information to respond to you, regarding the reason you contacted us. We
will not share your information with any third party outside of our organization, other than as
necessary to fulfill your request, e.g. to ship an order.
Unless you ask us not to, we may contact you via email in the future to tell you about
specials, new products or services, or changes to this privacy policy.
Your Access to and Control Over Information
You may opt out of any future contacts from us at any time. You can do the following at any
time by contacting us via the email address or phone number given on our website:
See what data we have about you, if any.
Change/correct any data we have about you.
Have us delete any data we have about you.
Express any concern you have about our use of your data.
Security
We take precautions to protect your information. When you submit sensitive information via
the website, your information is protected both online and offline.
Wherever we collect sensitive information (such as credit card data), that information is
encrypted and stored in another system such as Quickbooks, or Stripe. We do not have
access to it. You can verify this by looking for a lock icon in the address bar and looking for
"https" at the beginning of the address of the Web page.
While we use encryption to protect sensitive information transmitted online, we also protect
your information offline. Only employees who need the information to perform a specific job
(for example, billing or customer service) are granted access to personally identifiable
information. The computers/servers in which we store personally identifiable information are
kept in a secure environment.
If you feel that we are not abiding by this privacy policy, you should contact us immediately
via telephone at 505-38-2266 or via email at mitch@m3traffic.com.
Registration
In order to access certain portions of this website, a user must first complete the registration
form. During registration a user is required to give certain information (such as name and
email address). This information is used to contact you about the products/services on our
site in which you have expressed interest. At your option, you may also provide
demographic information (such as gender or age) about yourself, but it is not required.
Orders
We request information from you on our order form. To buy from us, you must provide
contact information (like name and shipping address) and financial information (like credit
card number, expiration date). This information is used for billing purposes and to fill your
orders. If we have trouble processing an order, we'll use this information to contact you.
Sharing
We share aggregated demographic information with advertising partners. This is not linked
to any personal information that can identify any individual person.
Links
This website contains links to other sites. Please be aware that we are not responsible for
the content or privacy practices of such other sites. We encourage our users to be aware
when they leave our site and to read the privacy statements of any other site that collects
personally identifiable information.
Surveys & Contests
From time-to-time our site requests information via surveys or contests. Participation in
these surveys or contests is completely voluntary and you may choose whether or not to
participate and therefore disclose this information. Information requested may include
contact information (such as name and shipping address), and demographic information
(such as zip code, age level). Contact information will be used to notify the winners and
award prizes. Survey information will be used for purposes of monitoring or improving the
use and satisfaction of this site.
1. Acceptance of Terms and Conditions of Use
Welcome to ME Marketing DBA M3Traffic (“we” or “us”) websites www.m3traffic.com (the “Site”). Through the Site, businesses and clients (“Users”) are provided with the opportunity to connect quickly, easily, and affordably. By accessing the Site, any of the various features (including applications, emails, content, uploads, or products now or subsequently available through the Site) (collectively, the “Services,” and together with the Site, the “Platform”), you agree to be bound by these terms and conditions of use (these “Terms”) and all applicable federal, state, and local laws and regulations. IF YOU DO NOT AGREE TO BE BOUND BY THESE TERMS, YOU ARE NOT AUTHORIZED TO AND ARE PROHIBITED FROM ACCESSING THE PLATFORM. We may change these Terms at any time by posting revisions to the Site, and your continued use of the Platform indicates your agreement to the revised Terms. Accordingly, we urge you to regularly review these Terms. To the extent these Terms conflict with any customer agreement you have signed with us, the terms contained in the customer agreement will prevail.
2. Privacy Policy
Our Privacy Policy (the “Policy”) describes how we handle your personal information when you use the Platform. The Policy is part of and is incorporated into these Terms. You may view or print the current version of the Policy by clicking here.
3. User Registration
To obtain access to certain portions of the Platform, you are required to complete a registration. You agree that you will provide true, accurate, current, and complete information about yourself or your organization (as applicable) as prompted by the registration process and that you will update that information as necessary to maintain its accuracy. You are responsible for safeguarding any password that you use to access the Platform. When formulating your password, use a combination of upper and lower case letters, numbers, and symbols to maximize the strength of your password. You may not (i) disclose your password or other account information to any third party; (ii) transfer your account or user ID to a third party; or (iii) use a third party’s account information, passwords, or log-in information. If you become aware of any unauthorized use of your account or any related security breach, you must immediately notify us at support@m3traffic.com. We are not responsible for any loss or damage that arises from your failure to comply with this section, or with any other terms and conditions of this Site.
4. User Subscription
To obtain full access to the Platform, you may be required to pay a subscription fee in addition to completion of the registration process described above. If a subscription is necessary, we may contact you to provide further information regarding the varying levels of subscriptions available to you. If you choose a monthly subscription package, your first payment to us will be due immediately, with each payment thereafter due on the monthly anniversary of the day you first gained access to the Platform. If you cancel your subscription prior to its expiration (regardless of whether such subscription is monthly, annual, or some other term), we will not refund you the pro rata portion of the applicable pre-paid subscription fee.
5. Content
You should assume that everything that you read, see, or hear on the Platform, including all files, images, text, software, and data (collectively, the “M3Traffic Content”), is copyrighted or otherwise protected and owned by us or some third party who licensed to us the right to use and provide to you such M3Traffic Content. For the avoidance of any doubt, the M3Traffic Content includes but is not limited to any code that we use to generate or display the M3Traffic Content, the pages making up the Site, and any user interface on the Platform. Unless otherwise expressly noted, the M3Traffic Content may not be copied, used, modified, or adapted except as provided in these Terms or with our prior written approval.
All content not originating with us and instead originating from another User or a third party is provided for your interest and convenience only, and we do not endorse such content nor the Users or third parties who supply it, nor do we warrant or represent that such content is current, accurate, complete, or reliable. You understand that you may be exposed to content that you might consider offensive, harmful, inaccurate, deceptive, or otherwise inappropriate. Under no circumstances shall we be liable in any way for any such content or any loss or damage of any kind (including but not limited to personal injury and professional negligence) incurred as a result of your use or reliance on such content.
6. Platform License Grant
Subject to your compliance with these Terms, we grant to you a limited, non-exclusive, non-transferable, freely revocable license to use the Platform as described below and to view, download, and print content from the Platform, except as we may restrict or block at the request of our content providers or of our own initiative. You may not reproduce, perform, display, distribute, reverse engineer, or prepare derivative works from the content or the Platform except with our prior written permission or any third party holding the right to license such use, as applicable.
7. Your Use of The Platform
a. Engagements
All engagements are directly and solely between the Users. You understand and acknowledge that we are not a party to nor will we have any liability with respect to such engagements. You further understand that we do not endorse or vouch for the reputation, competence, or credibility of any User.
b. Uploading Content to the Platform
i. Eligibility
In order to upload your content (“User Content”) to the Platform, you must (i) have an account in good standing with us and (ii) be at least eighteen (18) years of age. Users are solely responsible for the content they post or upload to the Platform.
ii. Your Representations and Warranties
You are solely responsible for your User Content. By uploading your User Content, you represent and warrant that:
All of the information you have provided to us is current and accurate;
You are the creator and owner of the User Content and that you have the necessary licenses, rights, consents, and authorizations (including but not limited to consents and authorizations of any persons or owners of any products depicted), releases, and permissions to use and to authorize us and our users to use your User Content in the manner permitted herein;
Your User Content
(i) does not slander, defame, or libel any other party;
(ii) does not violate any other party’s publicity rights, privacy rights, seclusion rights, trade secret rights, or other intellectual property rights;
(iii) is not indecent, obscene, pornographic, or profane;
(iv) is not otherwise unlawful; and
(v) does not contain any computer viruses, trojan horses, worms, or anything else designed to interfere with, interrupt, or disrupt the normal operating procedures of a computer;
You are not party to another agreement that is in conflict with these Terms;
Your User Content is free from all digital rights management software or tools; and
No intellectual property infringement claim has been asserted or threatened against you with respect to any piece of your User Content, and you shall immediately inform us if such assertions or threats take place.
c. A2P SMS Messaging
We use Application to Person (A2P) SMS messaging which is subject to certain regulations. By using our platform and/or signing these terms, you agree to follow all laws, regulations, guidelines, and policies regarding the use of SMS. We are not liable for any breach of the law, regulations, guidelines, or policies that your company has.
8. Your Overall Use of the Platform
You agree to use the Platform in a manner consistent with any and all applicable laws, rules, and regulations. Any unauthorized modification to, tampering with, or change to any information, or any interference with the availability of or access to the Platform is strictly prohibited. You will not hack into or otherwise gain unauthorized access to the Platform, our computer systems, or the computer systems of other users of the Platform. You will not engage in any data mining in connection with the Platform. You will not post false, inaccurate, misleading, defamatory, or libelous content in any manner. You will not distribute or post spam, unsolicited or bulk electronic communications, chain letters, or solicit participation in pyramid schemes. You will not distribute viruses or any other malicious technologies that may harm our interests or the interests of our users. You may not impersonate another person or misrepresent your affiliation with a third party. You may not use any robot, spider, scraper, or other automated means to access the Platform, any M3Traffic Content, or any User Content whatsoever for any purpose. You will use the Platform for lawful purposes only. You will not take any action that imposes an unreasonable or disproportionately large load on the Platform’s infrastructure. You will not forge any TCP/IP packet header or any part of the header information in any e-mail or newsgroup posting. You will not reverse engineer or decompile any part of the Platform.
We reserve all rights and remedies available to us including reporting any breach or compromise of this Site to the relevant law enforcement authorities and cooperating with those authorities by disclosing your identity to them.
We may cancel unconfirmed accounts or accounts that have been inactive for a long time or modify or discontinue the Platform. Additionally, we reserve the right to refuse or terminate our Services to anyone for any reason at our discretion, including but not limited to, failure to abide by these Terms and Conditions.
8. Your Overall Use of the Platform
You agree to use the Platform in a manner consistent with any and all applicable laws, rules, and regulations. Any unauthorized modification to, tampering with, or change to any information, or any interference with the availability of or access to the Platform is strictly prohibited. You will not hack into or otherwise gain unauthorized access to the Platform, our computer systems, or the computer systems of other users of the Platform. You will not engage in any data mining in connection with the Platform. You will not post false, inaccurate, misleading, defamatory, or libelous content in any manner. You will not distribute or post spam, unsolicited or bulk electronic communications, chain letters, or solicit participation in pyramid schemes. You will not distribute viruses or any other malicious technologies that may harm our interests or the interests of our users. You may not impersonate another person or misrepresent your affiliation with a third party. You may not use any robot, spider, scraper, or other automated means to access the Platform, any M3Traffic Content, or any User Content whatsoever for any purpose. You will use the Platform for lawful purposes only. You will not take any action that imposes an unreasonable or disproportionately large load on the Platform’s infrastructure. You will not forge any TCP/IP packet header or any part of the header information in any e-mail or newsgroup posting. You will not reverse engineer or decompile any part of the Platform.
We reserve all rights and remedies available to us including reporting any breach or compromise of this Site to the relevant law enforcement authorities and cooperating with those authorities by disclosing your identity to them.
We may cancel unconfirmed accounts or accounts that have been inactive for a long time or modify or discontinue the Platform. Additionally, we reserve the right to refuse or terminate our Services to anyone for any reason at our discretion, including but not limited to, failure to abide by these Terms and Conditions.
9. Digital Millennium Copyright Act Compliance
If you are a copyright owner or an agent thereof, and you believe that any Content, User Content, or other material hosted on the Platform infringes your copyrights, you may submit a notification pursuant to the Digital Millennium Copyright Act (“DMCA”) by providing us with the following information in writing (see 17 U.S.C § 512(c)(3) for further detail):
A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed;
Identification of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works on the Platform are covered by a single notification, a representative list of such works on the Platform;
Identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled, and information reasonably sufficient to permit us to locate the material;
Information reasonably sufficient to permit us to contact the complaining party, such as an address, telephone number, and, if available, an electronic mail address at which the complaining party may be contacted;
A statement that the complaining party has a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law; and
A statement that the information in the notification is accurate, and under penalty of perjury, that the complaining party is authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
We can receive notifications of claimed infringement at: Mitch Adams, 5071 n 500 e, Cedar City, UT 84721. You acknowledge that if you fail to comply with all of the requirements of this section, your DMCA notice may not be valid.
10. Links to Third Party Sites
Through the Platform, we may provide links to sites operated by third parties. Your use of and access to such sites is completely voluntary and in no way required by your use of this Platform. The linked sites are not under our control, and we are not responsible for the content of any linked site or subsequent links from that site, or for the security of any of your personal information that may be compromised through your use of or access to such sites. We may provide links only as a courtesy to our users, but such links do not (and will not) imply our endorsement of any linked site.
11. Linking to the Site
We do not object to you linking directly to the information that is hosted on the Platform, provided you do so in a way that is fair and legal and does not damage our reputation or take advantage of it, but you must not establish a link in such a way as to suggest any form of association, approval, or endorsement on our part where none exists. You may not establish a link to the Platform from any website that is not owned by you. The Platform must not be framed on any other site. We may withdraw linking permission without notice.
12. Payment
As described in our Privacy Policy, we use Stripe, Inc. (“Stripe”) for payment processing services. By using the Stripe payment processing services, you agree to the Agreement available at www.stripe.com/terms, and the applicable bank agreement available at www.stripe.com/terms.
13. Disclaimer of Warranties
THE PLATFORM IS PROVIDED “AS IS”, “AS AVAILABLE” AND WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, BY EITHER US OR ANYONE ELSE WHO HAS BEEN INVOLVED IN THE CREATION OR PRODUCTION OF THE PLATFORM, INCLUDING BUT NOT LIMITED TO IMPLIED WARRANTIES OF MERCHANTABILITY, NON-INFRINGEMENT OR FITNESS FOR A PARTICULAR PURPOSE. WE MAKE NO WARRANTY (I) THAT THE PLATFORM IS ACCURATE, RELIABLE OR CORRECT; (II) THAT THE PLATFORM WILL BE AVAILABLE AT ANY PARTICULAR TIME OR LOCATION; (III) THAT THE PLATFORM, THE CONTENT, OR DATA OF YOURS OR ABOUT YOU ARE SECURE; (IV) THAT ANY DEFECTS OR ERRORS WILL BE CORRECTED; (V) THAT THE PLATFORM IS FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS; (VI) THAT THE PLATFORM WILL BE COMPATIBLE WITH ANY HARDWARE OR SYSTEMS SOFTWARE CONFIGURATION; (VII) REGARDING THE INFORMATION APPEARING ON THE PLATFORM; OR (VIII) THAT YOU WILL ACHIEVE SUCCESSFUL RESULTS FROM FOLLOWING ANY INSTRUCTIONS, DIRECTIONS OR RECOMMENDATIONS PROVIDED BY US.
14. Limitation of Liability
TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, UNDER NO CIRCUMSTANCES SHALL WE BE LIABLE FOR ANY DIRECT, INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, OR CONSEQUENTIAL DAMAGES INCLUDING BUT NOT LIMITED TO DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA, OR OTHER INTANGIBLE LOSSES (EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES) (WHETHER IN CONTRACT, NEGLIGENCE, TORT, OR OTHERWISE) ARISING OUT OF OR IN CONNECTION WITH: (I) YOUR USE OF THE PLATFORM OR INABILITY TO USE THE PLATFORM; (II) ANY FAILURE OF PERFORMANCE, ERROR, OMISSION, INTERRUPTION, EFFECT, DELAY IN OPERATION OR TRANSMISSION, COMPUTER VIRUS, LINE SYSTEM FAILURE, LOSS OF DATA, SECURITY BREACH, OR LOSS OF USE RELATED TO THE PLATFORM; (III) DAMAGE TO YOUR HARDWARE RESULTING FROM YOUR USE OF THE PLATFORM; AND (IV) THE ACTIONS OR INACTIONS OF THIRD PARTIES, INCLUDING THE INACCURACY OF ANY CONTENT OR MATERIAL SUCH PARTIES PROVIDE THROUGH THE PLATFORM. IF YOU ARE DISSATISFIED WITH US, THE PLATFORM OR THESE TERMS, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USE OF THE PLATFORM. BECAUSE SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, OUR LIABILITY IN SUCH JURISDICTIONS SHALL BE LIMITED TO THE EXTENT PERMITTED BY LAW.
IF ANY PART OF THIS LIMITATION ON LIABILITY IS FOUND TO BE INVALID OR UNENFORCEABLE FOR ANY REASON, THEN OUR AGGREGATE LIABILITY FOR LIABILITIES THAT OTHERWISE WOULD HAVE BEEN LIMITED SHALL NOT EXCEED $100.00.
15. Indemnification
You shall indemnify and defend us and our members, employees, contractors, officers, and directors from and against all liability, claims, suits, or other proceedings, including third-party claims, whether threatened or filed, directly or indirectly, resulting from or based on a claim of or relating to, (a) any breach by you of any obligation, covenant, or representation contained in this Agreement, (b) a claim that any User Content or other material that you upload to or otherwise transfer via the Platform infringes any intellectual property or moral rights of a third party, (c) any claims brought against us arising from your use of the Platform, including but not limited to any claims of personal or financial injury by third parties related to the use of User Content or other material uploaded to or transferred via the Platform by you; (d) any actual or purported violation by you of applicable law, including without limitation the Fair Credit Reporting Act, 15 USC §1681 et seq., or any contractual obligation.
16. Release
You agree that you are solely responsible for your interactions with other Users on the Platform. If you have a dispute with one or more Users of the Platform, you release us, our members, employees, contractors, officers, and directors from claims, demands, and damages (actual and consequential) of every kind and nature, known and unknown, arising out of or in any way connected with such disputes. You acknowledge that we are not obligated in any way to become involved in any such disputes. You expressly waive any protections (whether statutory or otherwise) that would otherwise limit the coverage of this release to include only those claims which you may know or suspect to exist in your favor at the time of agreeing to this release.
17. Choice of Law
The Terms shall, for all domestic and international purposes, be governed, interpreted, construed, and enforced solely and exclusively in accordance with the laws of the State of Utah, U.S.A., without regard to conflicts of law provisions. You expressly agree that the exclusive jurisdiction for any claim or action arising out of or relating to these Terms or your use of the Platform shall be filed only in the courts located in Iron County, Utah, and you further agree and submit to the exercise of personal jurisdiction of such courts for the purpose of litigating any such claim or action. All actions or proceedings arising out of or relating to the Terms shall be venued exclusively in courts in Iron County, Utah. You waive any objection you may now or hereafter have with respect to venue or to convenience of such forum. However, we reserve our right to bring suit in any other appropriate jurisdiction. You irrevocably waive your right to trial by jury in any legal proceeding for any claim, dispute, or controversy that in any way arises from or relates to these terms or any customer agreement and in which you and ME Marketing DBA M3Traffic are adverse parties.
18. Integration and Severability
Unless you have signed a separate Customer Service Agreement with us, the Terms constitute the entire agreement between you and us with respect to the Platform and supersede all prior or contemporaneous communications and proposals with respect to the Platform. If you have signed a Customer Service Agreement with us, the terms of that Agreement control to the extent there is any conflict with these Terms. If any provision of the Terms is determined to be invalid or unenforceable, all other provisions shall remain in full force and effect; and, to the extent permitted and possible, the invalid or unenforceable term shall be deemed replaced by a provision that is valid and enforceable and that comes closest to expressing the intention of such invalid or unenforceable provision.
19. Waiver
Our failure at any time to require performance of any provision of these Terms (including the Policy, which is incorporated by reference) or to exercise any right provided for herein or by law shall not be deemed a waiver of such provision or such right. All waivers must be in writing and signed by our authorized representative. Unless the written waiver contains an express statement to the contrary, no waiver by us of any breach of any provision of the Terms or any right provided for herein or by law shall be construed as a waiver of any continuing or succeeding breach of such provision, a waiver of the provision itself, or a waiver of any right under these Terms.
20. Termination
We reserve the right, in our sole discretion, to terminate your access to all or part of the Platform, with or without notice. You understand that your account information will be deleted from our database upon account termination. Such destruction will be accomplished in a manner consistent with legal requirements that may pertain to specific information contained in such information. Information may continue to be available for some period of time due to delays.
21. Seeking of Legal Advice
We recommend that you seek out your own legal advice in reviewing these terms.
22. Business Conducted Electronically
You agree to conduct business with us electronically, and that except as otherwise specifically provided herein, an electronic signature on any agreements or other communications required or permitted to be given hereunder, or pursuant or relating to any service, shall have the same force and effect as the use of manual signatures.
23. Confidentiality
You shall hold and maintain as strictly confidential, and protect from disclosure to any third-party, the terms of any customer agreement between you and us, including without limitation, the use charges, website functionality, integrated partners, third-party providers, applicable thereunder.