PLEASE READ THE TERMS OF SERVICES WITH UTMOST CARE BEFORE VISITING Visitor.Ninja AND ENJOYING ITS SERVICES. CONTINUING TO STAY AT AND USE Visitor.Ninja AND SUBSCRIBING TO ANY PACKAGE OFFERED THROUGH THIS WEBSITE IMPLIES THAT THE USER AGREES TO OBEYS ALL THE PROVISIONS OF THE TERMS OF SERVICE.
2.1 Visitor Ninja, we, our, its and us refer to Visitor.Ninja, its owner, and authorized officials.
2.2 Services include all the services offered by Visitor Ninja including but not limited to Visitor.Ninja and assistance to the clients to increase website traffic as prescribed by the description of the package the user has purchased.
2.3 Additional or separate agreement refers to any separate understanding between Visitor Ninja and the user other than or in addition to the TOS.
2.4 You, client, visitor and user refer to any person visiting Visitor.Ninja and enjoying the Services.
2.5 The TOS refers to all provisions of these terms of services document from 1 to 12 applies to the Services.
2.7 Provision: refers to all the sections, sub-sections and proviso herein contained.
2.8 Visitor: refers to a visitor sent to a website.
3. The Scope of Services:
3.1 Visitor Ninja shall carry out the campaign (with or without the help of affiliated ad networks) to increase the visitors on the website of the client.
3.2 The client solely owns all liabilities for their content. It is sole responsibility of the client to ensure the compliance of the laws and regulations, and respect the rights of any other parties.
3.3 The client agrees not to violate any provision of the contract. It is the responsibility of the client to ensure that the Terms of Services are not conflicting with the contract of any third party. The client represents and warrants that Visitor Ninja shall not be party to such violation.
3.4 The client agrees not to use the Services for any purpose not compliant with the laws in the United States and/or in the country where client resides.
3.5 Visitor Ninja may modify or terminate the Services at any time without serving notice, provided that the existing user may be refunded or served in case of permanent termination of the Services.
3.6 Visitor Ninja reserves the right to amend, change or modify any provision of the Terms of Services, and the amended, changed or modified Terms of Services shall be effective immediately after they are posted on Visitor.Ninja.
3.7 Visitor Ninja may refuse Services to any client without notice.
3.8 Visitor Ninja may refuse websites containing popups, offensive, or intrusive material. If any website found to have popup after the order has been processed, Visitor Ninja reserves the right to stop the campaign without any liability to the client.
3.9 Visitor Ninja shall not serve to the website containing viruses, malware, or any script that may change browser settings or hurt user experience.
3.10 The client shall be responsible to verify the URL of the website before the order is placed. Visitor Ninja will only change their URL at their own free will, if permitted.
3.11 The client hereby acknowledges that the statistics counted by the third party websites may fail to represent actual statistics of the visitors, and Visitor Ninja shall not be liable for those statistics.
3.12 The client shall monitor the visitor statistics via a Goo.gl URL shortened link that will be delivered to him/her on the initiation of the Service. Visitor Ninja feels that Google's URL shortener provides the most accurate visitor statistics.
3.13 The clients are liable to ensure that the website does not contain spamming, threatening, offensive, defamatory, libelous, objectionable, pornographic, obscene, vulgar, abusive, hatred, illegal, or deceptive content, and that it does not have false investment advice or any content violating any law or infringing the rights of the other parties. Visitor Ninja reserves the right to deny or stop the provision of the Services in case of violation of the preceding provision.
3.15 If the client is in dispute with Visitor Ninja on the visitor statistics, the issue shall be resolved by showing proof of delivered visitors within the provided Google tracking URL.
4. Payments, refunds, and cancellations:
4.1 The client shall pay all the payment at the time of submitting the order to Visitor Ninja.
4.2 The price for various packages is provided on the pricing page (https://Visitor.Ninja/pricing). Visitor Ninja reserves the right to modify such price from time to time without serving a prior notice. The price or payment shall refer to the updated and current price of the package.
4.3 The pricing page forms the part of the TOS.
4.4 Visitor Ninja accepts payments through most major credit cards.
4.5 The payment made for the Services by the client to Visitor Ninja is not refundable unless Visitor Ninja fails to deliver the job as per the description of the Service after confirmation.
4.6 In case of any dispute, client agrees to prefer Visitor Ninja dispute resolution arrangements.
4.7 The clients shall not dispute the credit card transaction without trying Visitor Ninja dispute resolution arrangements first.
4.8 The parties are liable to comply with the terms and conditions of all involved credit card companies and payment processors.
4.9 The clients are advised for their own benefits to ensure that they understand all aspects of the transactions and have an independent legal opinion before making a final decision to subscribe to the Services. Visitor Ninja owns no liability if you omit to read the TOS.
4.10 The client understands that recurring billing is billed every 30 or 31 days from the start of the campaign, until cancelled.
4.11 The client can cancel their campaign at any time by emailing or calling in to our support team, or through the contact page (mentioned in section 12).
4.12 Recurring clients can request a pro-rated refund on un-used credits on their last month of service, if they wish to end their service early.
5. General terms:
5.1 Visitor Ninja reserves the right to revise, amend, change, alter, replace, withdraw and declare not-applicable any of the provisions of the TOS without serving a prior notice. Such revision, amendment, change, alteration, replacement, withdrawal or inapplicability shall come into force soon after it is posted on the TOS page.
5.2 Visitor Ninja reserves the right to terminate, amend, modify or make unavailable any part or feature of the Services without notice. The user who has made the payment for the Services is entitled to demand the Service as prescribed at the time of the order or refund.
5.3 Visitor Ninja offers the Services to the users having legal qualification to enter into a valid contract as to the age and solvency. If you do not have such qualification, Visitor Ninja hereby advises you not to use the Services. Visitor Ninja disclaims any such liabilities.
5.4 The user is prohibited to use Visitor Ninja in a manner that can cause damage, disable, impair or overburden it or interfere with the use of any other user.
5.5 The user is forbidden hereby to employ any robot, spider, any automatic device or manual process or means to access Visitor.Ninja for any purpose, including but not limited to copying or monitoring any of the material on Visitor.Ninja without prior consent of Visitor Ninja.
5.6 The user is prohibited to use any device or software that interfere with or obstruct proper functioning of Visitor.Ninja
5.7 The user is not allowed to introduce any malicious or harmful material into Visitor.Ninja.
5.8 The user expressly prohibited to maneuver to obtain an unauthorized access to, interfere with, damage, or disrupt any part of the Services, Visitor.Ninja, its host server or any affiliated database, computer or server.
5.9 Subject to any additional or separate written agreement, the TOS constitutes the entire agreement between Visitor Ninja and you with respect to the Services.
5.10 Visitor Ninja may assign part of the Services to be performed by our affiliates, partners or any contractor.
5.11 The headings, subheadings and numbers in the TOS are for convenience of the reader and reference only, and they do not aim to limit, construe, define, or determine the scope of the provisions herein contained.
5.13 If Visitor Ninja fails to enforce any right available at the TOS, any additional agreement or any law for the time being in force, it shall neither imply that Visitor Ninja waives the right nor deprive its entitlement to enforce such right subsequently.
5.14 Visitor Ninja may assign any right arising from the TOS to any person or entity. The user agrees not to assign the right available at the TOS to any person or entity.
6. Governing Law, Jurisdiction and Service of Notice
6.1 All disputes arising from the TOS shall be resolved by Visitor Ninja dispute resolution arrangements. The issue may be referred to an independent arbitration if Visitor Ninja dispute resolution arrangements fail.
6.2 In case, the arbitration fails to resolve the dispute, the matter may be brought before the court having competent jurisdiction in Indiana, US.
6.3 The user expressly agrees that the TOS shall be governed by the relevant laws for the time being in force in the State of Indiana, US.
6.4 The courts having competent jurisdiction in Indiana shall hear the disputes arising from the TOS exclusively.
6.5 All the notices or correspondence required to be made hereby or by the relevant law for the time being in force shall be presumed to be delivered if sent to the official email of Visitor Ninja or any authentic postage service.
6.6 In case the communication is made through postage service, the communication shall be presumed to be complete after five (5) business days of the postage.
7. Copyrights and Intellectual Property Rights:
7.1 Visitor Ninja strictly adheres to non-infringement of copyrights and believes it has not violated any rights of other party during the course of its business. Visitor Ninja shall immediately resolve the matter in case of any person proves that Visitor Ninja has infringed his/her rights. Please do not hesitate to send an email to that effect.
8. Intellectual Property Rights:
8.1 All the material contained in Visitor.Ninja, including, without limitation, the content, software, images, drawings and design, is the sole property of Visitor Ninja and is protected by the copyright protection laws for the time being in force in the United States and by the relevant International Treaties. No user is allowed to copy, reproduce, distribute, reprint, host or use in any manner without the written approval of Visitor Ninja.
8.2 In the event of infringement of our rights, we shall take strict legal action, and shall also claim damages.
8.3 Visitor Ninja reserves the rights not hereby claimed.
9.1 The user hereby agrees to indemnify and hold Visitor Ninja, its directors, affiliates, agents, employees and staff harmless against and from any claim, legal action, demand, damages, costs and expenses (including litigation costs) made by any third party arising out of or with respect to the user’s enjoyment of the Services, violation of the TOS, an act of omission or commission of the user, infringement of rights of third party or any contract with any third party.
10. Disclaimer and extent of liability:
10.1 THE SERVICES AND MATERIAL OFFERED BY Visitor Ninja, INCLUDING, WITHOUT LIMITATION, THE TEXT, IMAGES, GRAPHICS, SOFTWARE, TOOLS AND BUSINESS STRATEGIES ARE MADE AVAILABE ON AN ‘AS IS' BASIS WITHOUT ANY EXPRESS OR IMPLIED WARRANTIES. TO THE EXTENT PERMITTED BY THE LAW FOR THE TIME BEING IN FORCE IN THE UNITED STATES, Visitor Ninja DISCLAIMS, HEREBY, ALL REPRESENTATIONS AND WARRANTIES INCLUDING, WITHOUT LIMITATION, THE IMPLIED WARRANTIES THAT THE SERVICES HAVE NO VIRUS OR HAVE MERCHANTABILITY, CONTINUOUS WITHOUT ANY FAULT OR INTERRUPTION OR ARE FIT FOR A PARTICULAR PURPOSE; Visitor Ninja DOES NOT REPRESENT OR WARRANT THE ACCURACY, COMPLETENESS, CURRENTNESS, NON-INFRINGEMENT OR ERRORLESSNESS OF THE SERVICES.
10.2 Force Majeure: Visitor Ninja is a professional business entity and adheres to the commitments and promises it has made with the clients. There are events that may make Visitor Ninja to unable to provide the Services such as an act of God, natural disaster, lock-outs, fire, floods, strikes, labor troubles, riots, war, insurrection or any cause beyond the reasonable control of Visitor Ninja. In such situations, neither Visitor Ninja nor the client shall be held liable for the breach of any provision of the TOS or delay of the Services. The Services may be suspended until the existence of such situations. In case, the situation exists for a continuous period of thirty (30) days, the TOS shall be terminated between the user who has paid to Visitor Ninja for the Services and receives no part of the Services, and shall be entitled to claim the refund.
10.3 Extent of Liability: Unless provided otherwise in the TOS or any other additional or separate agreement, the aggregate liability of Visitor Ninja with respect to the Services for all claims shall not be in excess of the original price of the Services the user has paid to Visitor Ninja for the job from which the dispute, claim or demand has arisen.
10.4 Visitor Ninja does not guarantee for the increase in the sales volumes, registration, subscriptions or sign-ups.
10.5 All errors and omissions excepted.
10.6 Visitor Ninja shall not be liable for any damages, losses or costs resulting from the misuse of the Services in any manner.
10.7 The client understands that there are some technical issues that may interfere with the provision of the Services to the client that include, without limitation, errors on the client’s website, downtime on client’s server and network outages beyond Visitor Ninja’s servers. Visitor Ninja owns no liability for the technical issues associated with the client’s website.
10.8 Visitor Ninja owns no liability for any loss or damage wither direct or indirect, incidental or punitive including, without limitation, the loss of profit or opportunity arising from the use or failure to use the Services, even Visitor Ninja has been advised of the possibility of occurrence of such damage or loss.
11.1 In case, any provision of the TOS is found to be unenforceable, void or invalid in any given circumstances, it shall be severed from the TOS, and the remaining terms shall be enforceable and valid without any effect.
12.1 For all communication under the TOS, please contact: support [at] Visitor Ninja (dot) com. For physical mail and cardholder inquiries, please mail to: Ninja Sales Group LLC, 1609 West McClain Avenue STE 502, Scottsburg IN 47170
Traffic Purchase Terms
We are not responsible for any improper use of the Visitor.Ninja service, information, links, articles or any other content gathered from our website. All Visitor.Ninja orders are subject to the terms and conditions. By placing an order it is understood that you have read, comprehended, and agreed with these terms. Furthermore, your advertising page must fully follow these conditions:
- All payments for advertising must be made in full before the campaign will start.
- Visitor.Ninja WILL NOT accept ads or websites that contain, provide, or link to content that is not appropriate. The following are examples of the type of sites we WILL NOT deliver visitors to:
* Sites containing or linking to software piracy, pirating, hacking, spamming, excessive violence, obscene or vulgar language, abusive content, illegal schemes, false investment advice or deceptive money-making opportunities or ANY form of illegal activity or material, etc.
- Visitor.Ninja does not guarantee sales or sign-ups. Visitor.Ninja does guarantee the purchased traffic to be delivered to your website. Traffic will continue until 100% of the purchased traffic has been delivered.
- Visitor.Ninja’s Terms of Service and pricing of traffic plans can change at anytime without prior notice.
- In no event shall Visitor.Ninja be liable for any consequential, direct, indirect, incidental, punitive, or other damages whatsoever due to the misuse of Visitor.Ninja traffic services.
- Visitor.Ninja holds the right to show banner advertisement along with your site to maintain the low priced traffic plans.
- Client acknowledges that by placing an order with Visitor.Ninja that they have read, acknowledged, and fully understood ALL paragraphs of these terms and conditions. All services should begin within 48 hours from the purchase time. All services are conducted on a first come, first serve basis. If you pay by credit card, the campaign starting date shall be the date on which your check or credit card payment clears.
- Due to variances in amounts of traffic purchased at different times, the starting date may fluctuate, and we are in no way to be held responsible if your campaign does not start by a specific date. We can also not guarantee that your traffic will be delivered within the time span you specify as visitors depend on amount available on our network at that time. We do guarantee that we will continue running your campaign until all visitors purchased are sent.
- Visitor.Ninja cannot be held responsible for factors beyond our control that may interfere with our ability to deliver visitors to your URL. Such factors include, but are not limited to: downtime on your server, overuse of your bandwidth quota (if applicable), errors on your site and network outages beyond our servers. Please contact your web hosting company or network provider if you are unsure about whether your hosting account is sufficient for the traffic amount you are ordering.
- Visitor.Ninja will in no way be held responsible for slow server bandwidth. Visitor.Ninja will in no way be held responsible for determining the server bandwidth capabilities of customer sites.
- Visitor.Ninja will not be responsible for incorrect URL’s. This is the responsibility of the client to verify the correct URL. Visitor.Ninja will in no way be held responsible for this type of mistake. URLS cannot be changed after creation, you understand that you need to reorder.
- In no event shall Visitor.Ninja be liable for any consequential, direct, indirect, incidental, punitive, or other damages whatsoever (including, but not limited to, damages for loss of profits, loss of information or other pecuniary loss) arising out of the use or inability to use the package, even if Visitor.Ninja has been advised of the possibility of such damages.
- Client understands that 3rd party hit counters on your site do not accurately represent the number of visitors to your site or the number of ads we served. This is due to the large amounts of traffic sent to the site in a relatively short time frame. Most 3rd party counters cannot keep up accurately. Client also understands that Visitor.Ninja DOES NOT GUARANTEE SALES OR SIGNUPS.
- In the event that there is a discrepancy between the amount of traffic delivered by Visitor.Ninja and the amount of traffic delivered to the client, on their behalf Visitor.Ninja and the client both agree to use our Analytics tracker.
- Visitor.Ninja traffic plans last for 30 days after creation. No refund for traffic or money will be entertained after the campaign has initiated.