Click121.com: Terms of Use

TERMS OF SERVICE AND CONDITIONS OF USE

Introduction.

Welcome to Click 1-2-1.COM Inc. (“Click”). Click and its affiliates require that all the visitors to our site(s) on the World Wide Web (the “Site”) adhere to and are subjected to the following rules, guidelines, policies, terms, and conditions when you use our site or any Click service including but not limited to regular services, special offers and trial programs.

Please read this Agreement carefully before accessing or using the Site or Services. By accessing or using the Site and/or Services, you agree to be bound by the terms and conditions set forth below. If you do not wish to be bound by these terms and conditions, please do not use this Site or our Services. Click may modify these Terms of Service and Conditions of Use (“Terms”) at any time, and such modifications shall be effective immediately upon posting of the modified Agreement to our Web site. You agree to review the Agreement and Terms and Conditions periodically to be aware of such modifications and your continued access or use of the Site shall be deemed your conclusive acceptance of the modified Agreement.

Choice of Law and Forum.

These Terms shall be governed by and construed in accordance with the laws of Florida, excluding its conflicts of law rules. You expressly agree that the exclusive jurisdiction for any claim or action arising out of or relating to these Terms or your use of this site shall be filed only in the state court located in Miami Dade County, Florida, or the Federal Court for the Southern District of Florida, both in the United States of America, 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.

Proprietary Rights And Restrictions.

You acknowledge and agree that all content, materials, services, and access to services, such as text, graphics, logos, button icons, images, audio clips, design elements, links to object and event triggers, and software of Click, is the property of Click or its content suppliers and are protected by copyrights, trademarks, service marks, patents, trade secrets, or other proprietary rights and laws. Except as expressly authorized by Click, you agree not to sell, license, rent, modify, distribute, copy, reproduce, transmit, publicly display, publicly perform, publish, adapt, edit, or create derivative works of such materials, content, services, or access to services. Notwithstanding the above, you may print or download one copy of the materials or content from our site on any single computer for your personal, non-commercial use, provided you keep intact all copyright and other proprietary notices. Except for your individual billing record, systematic retrieval of data or other content from this site to create or compile, directly or indirectly, a collection, compilation, database or directory without written permission from Click is prohibited. In addition, use of the content, materials and/or services for any purpose not expressly permitted in these Terms is prohibited, except as expressly authorized by Click.

Software License Agreement.

In the event you download software or code from the site (collectively, the “Software”), the Software, including any files, images incorporated in or generated by the Software, and data accompanying the Software are licensed to you by Click. Click does not transfer title of the Software to you. You own the medium on which the software is recorded, but Click retains full and complete title to the Software, and all intellectual property rights therein. You may not redistribute, sell, decompile, reverse engineer, or disassemble the Software.

Access to Password Protected/Secure Areas.

Access to and use of password protected and/or secure areas of the Site is restricted to authorized users only and only to your individual account(s). Unauthorized individuals attempting to access these areas of the Site may be subject to prosecution.

General Disclaimer of Warranty.

Click may change the programs or products mentioned at any time without notice. Mention of non-Click products or services is for information purposes only and constitutes neither an endorsement nor a recommendation.

THE PRODUCT, SERVICES, AND ALL INFORMATION PROVIDED ON OUR WEB SITE, IN OUR MATERIALS, AND IN OUR CONTENT, IS PROVIDED "AS IS" WITH ALL FAULTS WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESSED OR IMPLIED. CLICK OR ITS SUPPLIERS OR AFFINITY PROGRAM MEMBERS DISCLAIM ALL WARRANTIES, EXPRESSED OR IMPLIED INCLUDING, WITHOUT LIMITATION, THAT THE PRODUCT OR SERVICES ARE FREE OF DEFECT, MERCHANTABLE, FIT FOR A PARTICULAR PURPOSE, NON-INFRINGING OR ARISING FROM A COURSE OF DEALING, USAGE, OR TRADE PRACTICE.

THE ENTIRE RISK AS TO THE QUALITY AND PERFORMANCE OF THE PRODUCT OR SERVICE IS BORNE BY THE CUSTOMER. SHOULD THE PRODUCT OR SERVICE PROVE DEFECTIVE IN ANY RESPECT, THE CUSTOMER AND NOT CLICK OR ITS SUPPLIERS OR AFFINITY PROGRAM MEMBERS ASSUMES THE ENTIRE COST OF ANY SERVICE AND REPAIR. IN ADDITION, THE SECURITY MECHANISMS IMPLEMENTED BY THE PRODUCT HAVE INHERENT LIMITATIONS, AND THE CUSTOMER MUST DETERMINE THAT THE PRODUCT OR SERVICE SUFFICIENTLY MEETS ITS REQUIREMENTS. CLICK IS NOT RESPONSIBLE FOR CARRIER, NETWORK, CUSTOMER SYSTEM OR CUSTOMER CAUSED PROBLEMS OUTSIDE ITS CONTROL. FURTHER, CUSTOMER ASSUMES THE RESPONSIBILITY FOR SERVICE CONNECTED TASKS, ASSIGNED TO CUSTOMER, BUT PERFORMED BY CLICK AT CUSTOMERS REQUEST. THIS DISCLAIMER OF WARRANTY CONSTITUTES AN ESSENTIAL PART OF THIS AGREEMENT. NO USE OF THE PRODUCT OR SERVICE IS AUTHORIZED HEREINUNDER EXCEPT UNDER THIS DISCLAIMER.

PLEASE SEEK THE ADVICE OF PROFESSIONALS, AS APPROPRIATE, REGARDING THE EVALUATION OF ANY SPECIFIC OPINION, ADVICE, PRODUCT, SERVICE, OR OTHER CONTENT.

Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT WILL CLICK OR ITS SUPPLIERS OR AFFINITY PROGRAM MEMBERS BE LIABLE FOR ANY INDIRECT, SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES ARISING OUT OF THE USE OF OR INABILITY TO USE THE PRODUCT OR SERVICES, INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF GOODWILL, WORK STOPPAGE, COMPUTER FAILURE OR MALFUNCTION, OR ANY AND ALL OTHER COMMERCIAL DAMAGES OR LOSSES, EVEN IF ADVISED OF THE POSSIBILITY THEREOF, AND REGARDLESS OF THE LEGAL OR EQUITABLE THEORY (CONTRACT, TORT, OR OTHERWISE) UPON WHICH THE CLAIM IS BASED. IN ANY CASE, CLICK’S ENTIRE LIABILITY UNDER ANY PROVISION OF THIS AGREEMENT SHALL NOT EXCEED THE FEES PAID FOR THIS LICENSE (IF ANY), WITH THE EXCEPTION OF DEATH OR PERSONAL INJURY CAUSED BY THE NEGLIGENCE OF CLICK TO THE EXTENT APPLICABLE LAW PROHIBITS THE LIMITATION OF DAMAGES IN SUCH CASES. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THIS EXCLUSION AND LIMITATION MAY NOT BE APPLICABLE. CLICK IS NOT RESPONSIBLE FOR ANY LIABILITY ARISING OUT OF CONTENT PROVIDED BY AFFINITY PARTNERS OR A THIRD PARTY THAT IS ACCESSED THROUGH THE PRODUCT AND/OR ANY MATERIAL LINKED THROUGH SUCH CONTENT.

International Availability.

Because international information is provided in our Site, in our materials, and in our content, note that not all products or programs mentioned will be available in your country. Please contact Click Headquarters for information as to products and services available in your country.

Submission Policy.

Click is pleased to hear from you and welcomes your comments regarding Click products, including Click’s online services. Unfortunately, however, Click’s company policy does not allow it to accept or consider creative ideas, suggestions, or materials other than those it has specifically requested.

Unsolicited ideas include ideas for new advertising campaigns, new promotions, new products or technologies, processes, materials, marketing plans or new product names. Please do not send any original creative artwork, samples, demos, or other works. The sole purpose of this policy is to avoid potential misunderstandings or disputes when Click’s products or marketing strategies might seem similar to ideas submitted to Click. So, please do not send your unsolicited ideas and materials to Click or anyone at Click. If, despite our request that you not send your ideas and materials, you still send them, please understand that Click makes no assurances that your ideas and materials will be treated as confidential or proprietary.