Untitled Document

TERMS OF USE

1. Introduction.

These Terms of Use and Agreement will apply to every access to Traffic Crusher 2.0 or TrafficCrusher2.com (Job Crusher LLC in association with JobCrusher.com, ReviewCrusher.com, NicheCrusher.com, TrafficCrusher.com, and CrusherFormula.com). Job Crusher LLC reserves the right to issue revisions to these Terms of Use by publishing a revised version of this document on this site. That version will then apply to all use by you following the date of publication. Each access of information from Traffic Crusher 2.0 or TrafficCrusher2.com will be a separate, discrete transaction based on the then prevailing terms.

By selecting Job Crusher LLC service(s) you have agreed to establish an account with us for such services. When you use your account or permit someone else to use your account to purchase or otherwise acquire access to additional service(s), or to modify or cancel such service(s) (even if we were not notified of such authorization), this Agreement covers any such service or actions. Any acceptance of your application(s) for our services and the performance of our services will occur at our offices in Lakeway, TX, the location of our principal place of business.

2. Services.

Job Crusher LLC offers products and services at Traffic Crusher 2.0 or TrafficCrusher2.com that may assist you in marketing your business online. THESE PRODUCTS AND SERVICES INCLUDE TRIAL OFFERS AND OPTIONAL CONTINUITY PROGRAMS. Such services and information are provided on an as-is basis from Job Crusher LLC does not represent or warrant to the truth or accuracy of such information.

3. Fees & Payment.

AS CONSIDERATION FOR JOB CRUSHER LLC PRODUCTS AND SERVICES, YOU AGREE TO PAY JOB CRUSHER LLC THE APPLICABLE SERVICE(S) FEES SET FORTH ON OUR WEBSITE AT THE TIME OF YOUR SELECTION. THIS INCLUDES ANY CONTINUITY PROGRAMS THAT YOU ENROLL IN AT THE WEBSITE. YOU AGREE TO KEEP YOUR CREDIT CARD INFORMATION ACCURATE AND CURRENT WITH JOB CRUSHER LLC AT ALL TIMES.
WHEN YOU PURCHASE TRAFFIC CRUSHER 2.0 OR TRAFFICCRUSHER2.COM’S BUNDLE OFFER OF ACCESS TO TRAFFIC CRUSHER 2.0 AND A NICHE CRUSHER, YOU MAY CHOOSE TO RECEIVE A 14-DAY FREE TRIAL MEMBERSHIP TO THE JOBCRUSHER.COM WEBSITE AND THE NICHE CRUSHER MONTHLY SERVICE. UNLESS YOU CANCEL WITHIN THE FIRST 14 DAYS OF REGISTRATION, YOUR JOBCRUSHER.COM ACCOUNT WILL AUTOMATICALLY BECOME A MONTHLY SUBSCRIPTION AND YOU WILL BE BILLED U.S. $67 ON THE 14TH DAY AFTER REGISTRATION AND THEN BILLED AN ADDITIONAL U.S. $67 EVERY 30 DAYS THEREAFTER UNTIL YOU CANCEL YOUR JOBCRUSHER.COM SUBSCRIPTION WITH US. UNLESS YOU CANCEL WITHIN THE FIRST 14 DAYS OF REGISTRATION, YOUR NICHE CRUSHER MONTHLYACCOUNT WILL AUTOMATICALLY BECOME A MONTHLY SUBSCRIPTION AND YOU WILL BE BILLED U.S. $29.95 ON THE 14TH DAY AFTER REGISTRATION AND THEN BILLED AN ADDITIONAL U.S. $29.95 EVERY 30 DAYS THEREAFTER UNTIL YOU CANCEL YOUR NICHE CRUSHER MONTHLY SUBSCRIPTION WITH US. YOUR CANCELLATION OF YOUR NICHE CRUSHER MONTHLY SUBSCRIPTION WILL NOT AFFECT YOUR PURCHASE OF ANY OTHER PRODUCTS OR SERVICES YOU PURCHASE WITH TRAFFIC CRUSHER 2.0 OR TRAFFICCRUSHER2.COM.

WHEN YOU PURCHASE TRAFFIC CRUSHER 2.0 OR TRAFFICCRUSHER2.COM’S BUNDLE OFFER OF ACCESS TO TRAFFIC CRUSHER 2.0 AND NICHE CRUSHER, YOU WILL ALSO HAVE THE OPTION TO PURCHASE CRUSHER FORMULAR AND OBTAIN A REVIEW CRUSHER LICENSE. YOU WILL BE BILLED 247.00 IF YOU ELECT TO MAKE THIS PURCHASE. iN ADDITION YOU WILL HAVE THE OPTION TO ENROLL IN A MONTHLY “REVIEW CRUSHER MONTHLY” SUBSCRIPTION AND YOU WILL BE BILLED U.S. $29.95 ON THE 14TH DAY AFTER REGISTRATION AND THEN BILLED AN ADDITIONAL U.S. $29.95 EVERY 30 DAYS THEREAFTER UNTIL YOU CANCEL YOUR “REVIEW CRUSHER MONTHLY SUBSCRIPTION” WITH US. YOUR CANCELLATION OF YOUR “REVIEW CRUSHER MONTHLY” SUBSCRIPTION WILL NOT AFFECT YOUR PURCHASE OF ANY OTHER PRODUCTS OR SERVICES YOU PURCHASE WITH TRAFFIC CRUSHER 2.0 OR TRAFFICCRUSHER2.COM.

AFTER YOU PURCHASE FROM TRAFFIC CRUSHER 2.0 OR TRAFFICCRUSHER2.COM, YOU MAY BE CONTACTED BY JOB CRUSHER LLC OR ITS SUPPLIERS BY TELEPHONE ABOUT RELATED PRODUCTS AND SERVICES. BY MAKING YOUR PURCHASE, YOU UNDERSTAND, AGREE, AND EXPRESSLY CONSENT TO SUCH TELEPHONE CONTACT. NOTE THAT JOB CRUSHER LLC WILL PROTECT YOUR PERSONAL INFORMATION CONSISTENT WITH THE TERMS OF THE PRIVACY POLICY ON THIS WEBSITE. THE TERMS AND CONDITIONS OF PURCHASE FOR ANY PRODUCTS OR SERVICES OFFERED BY TELEPHONE WILL BE MADE BY SEPARATE AGREEMENT AT THE TIME OF SUCH PURCHASE AND ARE BEYOND THE SCOPE OF THIS WEBSITE’S TERMS OF USE.
ALL TRAFFIC CRUSHER 2.0 OR TRAFFICCRUSHER2.COM FEES ARE DUE IMMEDIATELY AT TIME OF PURCHASE AND ARE NON-REFUNDABLE (EXCEPT FOR THE FIRST 30 DAYS). JOB CRUSHER LLC MAY TAKE ALL REMEDIES AVAILABLE TO COLLECT FEES OWED AND MAY RECOVER FROM YOU ALL COSTS AND EXPENSES (INCLUDING REASONABLE ATTORNEY FEES) INCURRED BY JOB CRUSHER LLC TO COLLECT SUCH FEES.

IN THE EVENT OF NON-PAYMENT, REVERSAL OF PAYMENT, OR A CHARGE BACK BY A CREDIT CARD COMPANY OR OTHER PAYMENT PROVIDER, IN ADDITION TO ANY OTHER REMEDIES JOB CRUSHER LLC MAY HAVE, WE MAY, IN OUR SOLE DISCRETION, SUSPEND OR TERMINATE YOUR TRAFFIC CRUSHER 2.0 OR TRAFFICCRUSHER2.COM ACCOUNT AND ANY ACCESS TO JOBCRUSHER.COM.
IN ORDER TO QUALIFY FOR THE STATED TRAFFIC CRUSHER 2.0 OR TRAFFICCRUSHER2.COM REFUND POLICY WITH IN 30 DAYS, YOU AGREE TO CANCEL YOUR TRAFFIC CRUSHER 2.0 OR TRAFFICCRUSHER2.COM PURCHASE AND REQUEST A REFUND WITHIN 30 DAYS OF PURCHASE.

4. Term of Service.

Any Job Crusher LLC subscription access, including but not limited to, those for Job Crusher, Review Crusher Monthly, and Niche Crusher Monthly, is for the term(s) specified in Section 3 of these Terms of Use. Any renewal of your services or subscriptions purchased at Traffic Crusher 2.0 or TrafficCrusher2.com is subject to our then current terms and conditions and payment of all applicable service fees at the time of renewal.

5. Third-Party Information.

You represent and warrant that you have provided notice to, and obtained consent from, any third party individuals whose personal data you supply to us as part of our services with regard to: (i) the purposes for which such third party's personal data has been collected; (ii) the intended recipients or categories of recipients of the third party's personal data; (iii) which parts of the third party's data are obligatory and which parts, if any, are voluntary; and (iv) how the third party can access and, if necessary, rectify the third party's personal data. You further agree to provide such notice and obtain such consent with regard to any third party personal data you supply to us in the future. We are not responsible for any consequences resulting from your failure to provide notice or receive consent from such individuals or for your providing outdated, incomplete or inaccurate information.

6. Modifications to Agreement.

Except as otherwise provided in this Agreement, you agree, during the term of this Agreement, that we may revise the terms and conditions of this Agreement and/or change the services provided under this Agreement at any time. Any such revision or change will be binding and effective ten (10) calendar days after the revised Agreement or change to the service(s) is posted on the Traffic Crusher 2.0 or TrafficCrusher2.com website. You agree to periodically review our website, including the current version of this Agreement available on our website, to be aware of any such revisions. If you do not agree with any revision to the Agreement or change to the services, you may terminate this Agreement at any time. Any fees paid by you prior to termination of your Agreement with us are nonrefundable (except for the first 30 days after your purchase at Traffic Crusher 2.0 or TrafficCrusher2.com as more fully described elsewhere in these Terms of Use), but you will not incur any additional fees. By continuing to use our services ten (10) calendar days after any revision to this Agreement or change in service(s) is posted on our website, you agree to abide by and be bound by any such revisions or changes. We are not bound by and you may not rely on any representation concerning this Agreement or our services made by: (i)any agent, representative or employee of any third party that you may use to apply for our services; or (ii) information posted on our Web site of a general informational nature. No employee, contractor, agent or representative of Job Crusher LLC or any partner of Job Crusher LLC is authorized to alter or amend the terms and conditions of this Agreement.

7. Modifications to your account.

In order to change any of your account information with us, you must use your account name and the password that you selected when you created your account. Please safeguard this information from any unauthorized use. In no event will we be liable for the unauthorized use or misuse of your account name or password.

8. Prohibited Conduct.

You agree that you will only use our services for lawful purposes. Further, it is a violation of the terms of use to record via video, photograph or other wise make available the internal site structure of Traffic Crusher 2.0 or TrafficCrusher2.com, ReviewCrusher.com, CrusherFormula.com, TrafficCrusher.com, NicheCrusher.com, or JobCrusher.com to third parties. If any videos or images exist, it is immediately required that all such videos or images be taken down offline and off of any servers.
9. Notices and Announcements.

You authorize us to notify you as our customer of information that we deem is of potential interest to you. Notices and announcements may include commercial e-mails and other notices describing changes, upgrades, new products and services or other information pertaining to services and/or other relevant matters.

10. Limitation of Liability.

To the extent permitted at law, Job Crusher LLC and its partners and contractors will not be liable for any direct, indirect, incidental, special or consequential damages resulting from your use or inability to use any of the Job Crusher LLC services or for the cost of procurement of substitute services. We disclaim any and all loss or liability resulting from, but not limited to: (i )any third party claims arising from or based on your use of our services; (ii) access delays or access interruptions; (iii) data non-delivery or data mis-delivery; (iv) acts of God; (v) the unauthorized use or misuse of your Account name or password; (vi) errors, omissions, or misstatements in any and all information or service(s) provided under this Agreement; (vii) the deletion of or failure to store data of any kind; (viii) the development or interruption of your website; or (x) our processing of your application for our services, our processing of any authorized modification to your record or your agents failure to pay any fees, our fees or re-registration fees. You agree that our entire liability, and your exclusive remedy, with respect to any Job Crusher LLC service(s) provided under this Agreement and/or for any breach of this Agreement is solely limited to the amount you paid for such service(s).

11. Indemnity.

You agree to release, indemnify, and hold Job Crusher LLC, our partners, contractors, agents, employees, officers, directors, shareholders, affiliates and assigns harmless from all liabilities, claims, damages, costs and expenses, including reasonable attorneys' fees and expenses, relating to or arising from the Job Crusher LLC services provided hereunder. When we are threatened with suit or sued by a third party, we may seek written assurances from you concerning your promise to indemnify us; your failure to provide those assurances may be considered by us to be a material breach of this Agreement. In addition, in the event we are made a party to any claim, suit or action by you which is unsuccessful or by a third party in each case relating to or arising from the Job Crusher LLC services provided hereunder, you will reimburse us, at a reasonable rate, for all personnel time and expenses expended by us in response to such claim, suit or action including without limitation, all attorney fees and expenses incurred by us with respect to such response.

12. Breach.

You agree that your failure to abide by any provision of this Agreement, any Job Crusher LLC operating rule or policy, or any dispute policy may be considered by us to be a material breach of this Agreement and that we may, in our sole discretion, elect to cancel the services without further notice to you. We will not refund any fees paid by you prior to the termination of your Agreement due to your breach. Any such breach by you will not be deemed to be excused simply because we did not act earlier in response to that, or any other breach, by you.

13. Representations and Warranties.

You represent and warrant that: (i) the information that you or your agent on your behalf provide to us during the registration for Job Crusher LLC service(s) is, accurate and complete, and that any future changes to this information will be provided to us in a timely manner; (ii) you have all requisite power and authority to execute this Agreement and to perform your obligations hereunder; and (iii) you are of legal age to enter into this Agreement.

14. Release.

You release Job Crusher LLC, our partners, contractors, agents, employees, officers, directors, shareholders, affiliates and assigns from claims, demands and damages (actual and consequential) of every kind and nature, known and unknown, suspected and unsuspected, disclosed and undisclosed, arising out of or in any way connected with our services.
IF YOU ARE A CALIFORNIA RESIDENT, YOU WAIVE CALIFORNIA CIVIL CODE §1542, WHICH SAYS: "A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS WHICH THE CREDITOR DOES NOT KNOW OR SUSPECT TO EXIST IN HIS FAVOR AT THE TIME OF EXECUTING THE RELEASE, WHICH IF KNOWN BY HIM MUST HAVE MATERIALLY AFFECTED HIS SETTLEMENT WITH THE DEBTOR."

15. Disclaimer.

You agree that your use of our service(s) is solely at your own risk. You agree that all of our services are provided on an "as is," and "as available" basis. WE EXPRESSLY DISCLAIM ALL CONDITIONS, WARRANTIES AND REPRESENTATIONS OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO THE IMPLIED CONDITIONS AND WARRANTIES OF MERCHANTABLE QUALITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. WE MAKE NO WARRANTY OR REPRESENTATION THAT OUR SERVICE(S) WILL MEET YOUR REQUIREMENTS OR THAT THE SERVICE(S) WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR FREE; NOR DO WE MAKE ANY WARRANTY AS TO THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SERVICE(S) OR AS TO THE ACCURACY OR RELIABILITY OF ANY INFORMATION OBTAINED THROUGH OUR SERVICE. YOU UNDERSTAND AND AGREE THAT ANY MATERIAL AND/OR DATA DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF OUR SERVICE IS DONE AT YOUR OWN DISCRETION AND RISK AND THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF SUCH MATERIAL AND/OR DATA. WE MAKE NO WARRANTY OR REPRESENTATION REGARDING ANY GOODS OR SERVICES PURCHASED OR OBTAINED THROUGH ANY OF OUR SERVICES OR ANY TRANSACTIONS ENTERED INTO THROUGH SUCH SERVICES. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM US WILL CREATE ANY CONDITION OR WARRANTY NOT EXPRESSLY MADE HEREIN. TO THE EXTENT JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES, SOME OF THE ABOVE EXCLUSIONS MAY NOT APPLY TO YOU.

Job Crusher LLC reserves the right to terminate any of its services at any time, with or without notice to you. In the event of such termination, your sole remedy will be to request a refund of any amounts paid to Job Crusher LLC for services that were not completed in whole or in part. In the event that a service was partially completed, you may request a refund of the pro-rata portion of such fee for uncompleted services.

16. Severability.

You agree that the terms of this Agreement are severable. If any term or provision is declared invalid or unenforceable, that term or provision will be construed consistent with applicable law as nearly as possible to reflect the original intentions of the parties, and the remaining terms and provisions will remain in full force and effect.

17. Entirety.

You agree that this Agreement and the privacy statement are the complete and exclusive agreement between you and us regarding our services. This Agreement and the privacy statement supersede all prior agreements, representations and understandings, whether established by custom, practice, policy or precedent.

18. Non-Assignment.

Your rights under this Agreement are not assignable. Any attempt by you to assign your rights will render this Agreement voidable at our option. Any attempt by your creditors to obtain an interest in your rights under this Agreement, whether by attachment, garnishment or otherwise, will render this Agreement voidable at our option.

19. Governing Law, Forum Selection, and Alternative Dispute Resolution.

These terms and conditions shall be governed by, construed and enforced in accordance with the laws of the State of Texas, USA, as it is applied to agreements entered into and to be performed entirely within such jurisdiction.
Notwithstanding the mediation and arbitration provisions of this agreement, to the extent you have in any manner violated or threatened to violate Job Crusher LLC and/or its affiliates' intellectual property rights, Job Crusher LLC, and/or its affiliates may seek injunctive or other appropriate relief in any state or federal court in the State of Texas, and you consent to exclusive jurisdiction and venue in such courts.
Any other disputes will be resolved as follows:
If a dispute arises under this agreement, we agree to first try to resolve it with the help of a mutually agreed-upon mediator in the following location: Travis County, Texas USA. Any costs and fees other than attorney fees associated with the mediation will be shared equally by each of us. Each party is responsible for its own attorney fees in mediation.
If it proves impossible to arrive at a mutually satisfactory solution through mediation, we agree to submit the dispute to confidential binding arbitration per the American Arbitration Association commercial arbitration rules. All claims must be 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 Travis County, Texas, 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. Judgment upon the award rendered by the arbitration may be entered in any court with jurisdiction to do so.

20. Agreement to be Bound.

By applying for the service(s) of Job Crusher LLC or an affiliate through our online application process, you acknowledge that you have read and agree to be bound by all terms and conditions of this Agreement and any pertinent rules or policies that are or may be published by Job Crusher LLC.
These Terms of Service were last updated on September 25, 2009.