1. ACCEPTANCE OF TERMS
Thank you for using Click4less’s innovative platform for consumers and businesses seeking to establish mutually beneficial business relationships. Click4less provides the Click4less service to you, subject to acceptance without modification of all of the terms and conditions contained herein and all other operating rules, policies and procedures that may be published from time to time on this site by Click4less (collectively the 'Terms').
We reserve the right to modify these terms by posting a notice on our website, or by sending you a notice via email or postal mail. You shall be responsible for reviewing and becoming familiar with any such modifications. Such modifications are effective immediately upon first posting or notification, and use of our website or any services by you following such posting or notification constitutes your acceptance of these Terms as modified.
CLICK4LESS, INC. AND ITS AFFILIATES ("Click4less") PROVIDE THIS WEBSITE TO YOU, YOUR EMPLOYEES, AGENTS, AND CONTRACTORS, AND ANY OTHER ENTITY ON WHOSE BEHALF YOU ACCEPT THESE TERMS (COLLECTIVELY "YOU"), SUBJECT TO THESE TERMS. THESE TERMS ARE ENTERED INTO BY AND BETWEEN CLICK4LESS AND YOU, AND YOU ACCEPT THEM BY: (a) PLACING AN ORDER THROUGH THIS WEBSITE; (b) UPLOADING YOUR INFORMATION THROUGH THIS WEBSITE (c) USING THE WEBSITE IN ANY OTHER MANNER; AND/OR (d) ACKNOWLEDGING AGREEMENT WITH THESE TERMS. IF YOU DO NOT AGREE TO ALL OF THESE TERMS, DO NOT USE THIS WEBSITE.
2. THE CLICK4LESS SERVICE
2.1 Click4less provides users with access to a rich collection of on-line resources, including without limitation business web page hosting services, on and off-line advertising services, direct marketing services, couponing services, and the ability to contact merchants from whom consumers or businesses seek deals (collectively, the "Service"). Unless explicitly stated otherwise, any new features that enhance the current Service shall be subject to these Terms. In order to use the Service, you must obtain access to the World Wide Web, either directly or through devices that access web-based content, and pay any service fees associated with such access. In addition, you must provide all equipment necessary to make such connection to the World Wide Web, including a computer and modem or other access device. The Service is available individuals who are at least 18 years old, whether acting on their own behalf or as an authorized employee or representative of a corporation or other business entity. If you do not so qualify, do not attempt to register for or use the Service. Click4less may refuse to offer the Service to any person or entity and may change its eligibility criteria, at any time, in its sole discretion.
2.2 This website ("Website") includes without limitation: (a) the Click4less Merchant, My Click4less, Click4less Marketplace, Click4less Bid, and Click4less Online Service Center services, and other on-line services accessible via the Website (collectively the "Services"); (b) information such as technical, contractual, product, program, pricing, marketing, and other valuable information ("Information"); and (c) content such as data, text, software, music, sound, photographs, graphics, video, messages, or other materials ("Content"). Click4less controls and operates its websites from various locations and makes no representation that this Website is appropriate or available for use in all locations. Click4less products and services may not be available in Your location, and deliverables may vary among locations. If You are using the Website on behalf of Your employer, You represent and warrant that You are authorized to accept these Terms on Your employer's behalf, and that Your employer agrees to indemnify You and Click4less for violations of these Terms. In addition to the Terms and unless otherwise noted, the standard Click4less terms and conditions of sale in your jurisdiction govern purchases You make through the Website, unless You have in effect a separate valid written purchase or license agreement with Click4less for that product or service, in which case that separate agreement governs, and in cases of conflict, prevails.
3. YOUR OBLIGATIONS AND CONDUCTS
3.1 In consideration of use of the Service, you agree to: (a) provide true, accurate, current and complete information about yourself as prompted by the Service's registration form (such information being the "Registration Data") and (b) maintain and promptly update the Registration Data to keep it true, accurate, current and complete. If you provide any information that is untrue, inaccurate, not current or incomplete, or Click4less has reasonable grounds to suspect that such information is untrue, inaccurate, not current or incomplete, Click4less has the right to suspend or terminate your account, refuse any promotion or prizes to be claimed and refuse any and all current or future use of the Service (or any portion thereof). (c) accept all risks of unauthorized access to information and Registration Data. You have sole responsibility for adequate protection and backup of data and/or equipment used in connection with the Website. Additionally, you agree that if you provide false information to obtain access to a Click4less business site that you are not legally entitled to claim, Click4less will be entitled to collect liquidated damages of $1000 per violation or actual damages incurred by Click4less from you. You understand and agree that the service may include certain communications from Click4less, such as service announcements, administrative messages and newsletters, and that these communications are considered part of Click4less membership and (except as prohibited by applicable law) you will not be able to opt out of receiving them.
3.2 You are entirely responsible for all Content that You upload, post or otherwise transmit via the Website. You agree not to upload, post or otherwise transmit via the Website Content that: (a) is inaccurate, harmful, obscene, pornographic, defamatory, racist, violent, offensive, harassing, or otherwise objectionable to Click4less or other users of the Website; (b) includes unauthorized disclosure of personal and/or commercial information; (c) violates or infringes anyone's intellectual property rights; or (d) contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment. Click4less reserves the right to edit or remove Content that violates these Terms or that contains third-party commercial advertisements.
3.3 You agree that You will not use the Website to: (a) transmit unsolicited communications; (b) pretend to be Click4less or someone else, or spoof Click4less's or someone else's identity; (c) forge headers or otherwise manipulate identifiers (including URLs) in order to disguise the origin of any Content transmitted through the Services; (d) misrepresent your affiliation with a person or entity; (e) disrupt the normal flow of dialogue or otherwise act in a manner that negatively affects other users' ability to use the Website; (f) engage in activities that would violate any fiduciary relationship, any applicable local, state, national or international law, or any regulations having the force of law, including but not limited to attempting to compromise the security of any networked account or site, operating an illegal lottery or gambling operation, stalking, or making threats of harm; or (g) collect or store personal data about other users unless specifically authorized by such users.
5. CONFIDENTIALITY OF CLICK4LESS INFORMATION
5.1 You may obtain direct access via the Website to certain confidential information of Click4less and its suppliers, including without limitation technical, contractual, product, program, pricing, marketing and other valuable information that should reasonably be understood as confidential ("Confidential Information"). You must hold Confidential Information in strict confidence. Title to Confidential Information remains with Click4less.
5.2 Your obligations regarding Confidential Information expire five (5) years after the date of disclosure. Upon termination of the Terms or Click4less's written request, You must cease use of Confidential Information and return or destroy it.
5.3 The Terms impose no obligation upon You with respect to Confidential Information that You can establish by legally sufficient evidence: (a) You possessed prior to Your receipt and/or record from Click4less, without an obligation to maintain its confidentiality; (b) is or becomes generally known to the public through no act or omission by You, or otherwise without violation of the Terms; (c) You obtained from a third party who had the right to disclose it, without an obligation to keep such information confidential; (d) You independently developed without the use of Confidential Information and without the participation of individuals who have had access to it, or (e) in response to a valid order by a court or other governmental body, as otherwise required by law, or as necessary to establish the rights of either party under these Terms and as disclosed after prior notice to Click4less adequate to afford Click4less the opportunity to object to the disclosure.
6. CONTENT SUBMITTED TO CLICK4LESS
6.2 COUPONS -- If you as a merchant use the couponing feature to provide consumers with deals through the Click4less platform, you represent and warrant that you have authority to offer such a deal and promise to honor the terms of that deal as they are presented to the consumer through the Click4less platform. Without limitation of other representations, warrants, and indemnities elsewhere within these Terms, you specifically agree to indemnify Click4less against any claims by users of the service that the terms of a coupon or other offered deal were not honored.
6.3 Click4less does not routinely monitor Content, but Click4less and its designees reserve the right to monitor, restrict access to, edit, use or remove any Content that is available via the Website.
6.4 Click4less also reserves the right, but does not assume the responsibility, to restrict conduct which Click4less believes at its own discretion to be harmful to individual members, damaging to the users and business owners that use Click4less or in violation of Click4less or any third party's rights.
7. DELIVERY OF E-MAIL
Click4less will attempt to deliver all of the e-mail that is addressed to Your e-mail address on Click4less's Services. However, the nature of e-mail is such that Click4less cannot guarantee delivery of such e-mail.
8. CLICK4LESS AND CHILDREN
10. CONTROLLING YOUR PERSONAL INFORMATION
You should be aware that when you voluntarily disclose information about yourself in the Content that you submit to this website (e.g., including your name, email address, your description in a review that you posted to this website, your pictures, your comments), that information can be collected, correlated, and used by third parties and may result in unsolicited messages from others. Such activities are beyond our control. Please do not post any personal information on this website that you expect to keep private. As a registered Click4less user, you can modify your Profile Information at any time by accessing the "Account" section of this website. In addition, upon your request, Click4less will use commercially reasonable efforts to close your account, and cease displaying your Profile Information and Content on this website; nevertheless, it may not be reasonably commercially possible to remove all of your information from this website, and we may retain some of your information in our backup files. Registered users who wish to close their account should click here.
11.1 You agree to indemnify and hold Click4less and its subsidiaries, affiliates, shareholders, officers, directors, agents, licensors, suppliers, alliance members, other partners, employees and representatives harmless from any claim or demand, including reasonable attorneys' fees, made by any third party due to or arising out of Your Content, Your use of or connection to the website (including any use by You on behalf of Your employer), Your violation of the Terms, or Your violation of any rights of another.
11.2 You agree to indemnify and hold Click4less and its subsidiaries, affiliates, shareholders, officers, directors, agents, licensors, suppliers, alliance members, other partners, employees and representatives harmless from any malicious online content which may produced through the use of this website from both user and business owner accounts. Each business owner including users must monitor their own web content from incoming and outgoing messaging including features provided for emailing, coupon dispersing, review responding, menu items, uploaded photos, profile description, including business titles. However, Click4less, will monitor and limit the amount of malicious email and web content to the best of it's ability using software filters and proprietary software algorithims.
12. NOTICES; MODIFICATION AND TERMINATION OF SERVICES; AMENDMENT OF TERMS
Click4less may provide notice to You via email, regular mail, or posting notices or links to notices on the Website. Click4less reserves the right at any time to modify, suspend or terminate the Services (or any part thereof), and/or Your use of or access to them, with or without notice. Click4less may also delete, or bar access to or use of, all related Information and files. Click4less will not be liable to You or any third-party for any modification, suspension, or termination of the Services, or loss of related information. Click4less may amend these Terms at any time by posting the amended terms on this Website.
13. ADVERTISEMENTS AND PROMOTIONS
Click4less runs advertisements and promotions from within and third parties on the Website. Your correspondence or business dealings with, or participation in promotions of, advertisers other than Click4less found on or through the Website, including payment and delivery of related goods or services, and any other terms, conditions, warranties or representations associated with such dealings, are solely between You and such advertiser. Click4less is not responsible or liable for any loss or damage of any sort incurred as the result of any such dealings or as the result of the presence of such non-Click4less advertisers on the Website.
14. CONTENT PROVIDED VIA LINKS
14.1 You may find links to other Internet sites or resources on the Website. You acknowledge and agree that Click4less is not responsible for the availability of such external sites or resources, and does not endorse and is not responsible or liable for any content, advertising, products, or other materials on or available from such sites or resources. Click4less will not be responsible or liable, directly or indirectly, for any actual or alleged damage or loss caused by or in connection with use of or reliance on any such content, goods or services available on or through any such site or resource.
15. INTELLECTUAL PROPERTY RIGHTS
15.1 content on the Website not produced by it’s users is the intellectual property of Click4less INC. Any copying, republication or redistribution of Click4less content, including by caching, framing, or similar means, is expressly prohibited without the prior written consent of Click4less. Click4less shall not be liable for any errors or delays in content, or for any actions taken in reliance thereon. Click4less, the Click4less Logos are registered trademarks of the Click4less INC.
15.2 Except as expressly authorized by Click4less or by Content providers, You agree not to reproduce, modify, rent, lease, loan, sell, distribute, mirror, frame, republish, download, transmit, or create derivative works of the Content of others, in whole or in part, by any means. You must not modify, decompile, or reverse engineer any software Click4less discloses to You, and You must not remove or modify any copyright or trademark notice, or other notice of ownership.
15.3 "Click4less Trademarks" means all names, marks, brands, logos, designs, trade dress, slogans and other designations Click4less uses in connection with its products and services. You agree to comply with the Click4less Trademark and Logo Usage Requirements. You may not remove or alter any Click4less Trademarks, or co-brand your own products or material with Click4less Trademarks, without Click4less's prior written consent. You acknowledge Click4less's rights in Click4less Trademarks and agree that any use of Click4less Trademarks by You shall inure to Click4less's sole benefit. You agree not to incorporate any Click4less Trademarks into Your trademarks, service marks, company names, Internet addresses, domain names, or any other similar designations, for use on or in connection with computer or Internet-related products, services or technologies.
15.4 Unless explicitly stated herein, nothing in these Terms shall be construed as conferring any license to intellectual property rights, whether by estoppel, implication, or otherwise. Permission is granted to display, copy, distribute and download Content owned by Click4less on this Website provided that: (a) the copyright notice pertaining to the Content remains, and a permission notice (e.g., "Used with permission") is added to such Content; (b) the use of such Content is solely for personal and non-commercial use; (c) such Content will not be copied or posted on any networked computer or published in any medium, except as explicitly permitted by valid permission or license covering such materials; and (d) no modifications are made to such Content. This permission terminates automatically without notice if You breach any of the terms or conditions.
15.5 Click4less will and may remove any content uploaded to click4less at it's discretion. This Includes any content that seems to infringe on the intellectual property rights of other entities as well.
16. DISCLAIMER OF WARRANTIES
16.1 YOUR USE OF THE WEBSITE IS AT YOUR SOLE RISK UNLESS OTHERWISE EXPLICITLY STATED. THE WEBSITE, INCLUDING THE INFORMATION, SERVICES AND CONTENT IS PROVIDED ON AN "AS IS" "AS AVAILABLE" AND "WITH ALL FAULTS" BASIS. Click4less DISCLAIMS ALL EXPRESS OR IMPLIED CONDITIONS, REPRESENTATIONS, AND WARRANTIES OF ANY KIND, INCLUDING ANY IMPLIED WARRANTY OR CONDITION OF MERCHANTABILITY, SATISFACTORY QUALITY, FITNESS FOR A PARTICULAR PURPOSE, OR NONINFRINGEMENT. Click4less MAKES NO REPRESENTATIONS, WARRANTIES, CONDITIONS OR GUARANTEES AS TO THE USEFULNESS QUALITY, SUITABILITY, TRUTH, ACCURACY OR COMPLETENESS OF THE WEBSITE.
16.2 Click4less MAKES NO WARRANTY OR REPRESENTATION THAT: (a) THE WEBSITE WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE; (b) THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE WEBSITE WILL BE ACCURATE OR RELIABLE; (c) THE QUALITY OF ANY PRODUCTS, SERVICES, CONTENT, INFORMATION, OR OTHER MATERIAL PURCHASED OR OBTAINED FROM THE WEBSITE WILL MEET YOUR EXPECTATIONS OR REQUIREMENTS; OR (d) ANY ERRORS IN THE WEBSITE WILL BE CORRECTED.
YOU ASSUME ALL RISK FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM OBTAINING ANY CONTENT FROM THE WEBSITE, INCLUDING ANY DAMAGES RESULTING FROM COMPUTER VIRUSES.
A SMALL PERCENTAGE OF USERS MAY EXPERIENCE EPILEPTIC SEIZURES WHEN EXPOSED TO CERTAIN LIGHT PATTERNS OR BACKGROUNDS ON A COMPUTER SCREEN OR WHILE USING THE CLICK4LESS SERVICE. CERTAIN CONDITIONS MAY INDUCE PREVIOUSLY UNDETECTED EPILEPTIC SYMPTOMS EVEN IN USERS WHO HAVE NO HISTORY OF PRIOR SEIZURES OR EPILEPSY. IF YOU, OR ANYONE IN YOUR FAMILY, HAVE AN EPILEPTIC CONDITION, CONSULT YOUR PHYSICIAN PRIOR TO USING THE Click4less SERVICE. IMMEDIATELY DISCONTINUE USE OF THE Click4less SERVICES AND CONSULT YOUR PHYSICIAN IF YOU EXPERIENCE ANY OF THE FOLLOWING SYMPTOMS WHILE USING THE Click4less SERVICE: DIZZINESS, ALTERED VISION, EYE OR MUSCLE TWITCHES, LOSS OF AWARENESS, DISORIENTATION, ALTERED LEVEL OF CONSCIOUSNESS, ANY INVOLUNTARY MOVEMENT, OR CONVULSIONS.
17. LIMITATION OF LIABILITY
17.1 TO THE FULL EXTENT PERMITTED BY LAW, Click4less IS NOT LIABLE FOR ANY DIRECT, INDIRECT, PUNITIVE, SPECIAL, INCIDENTAL, CONSEQUENTIAL, OR EXEMPLARY DAMAGES (INCLUDING, WITHOUT LIMITATION, LOSS OF WAGES, LOSS OF BUSINESS, REVENUE, PROFITS, GOODWILL, EMOTIONAL DISTRESS, USE, DATA, ELECTRONICALLY TRANSMITTED ORDERS, OR OTHER ECONOMIC ADVANTAGE) ARISING OUT OF OR IN CONNECTION WITH THE WEBSITE, EVEN IF Click4less HAS PREVIOUSLY BEEN ADVISED OF, OR REASONABLY COULD HAVE FORESEEN, THE POSSIBILITY OF SUCH DAMAGES, HOWEVER THEY ARISE, WHETHER IN BREACH OF CONTRACT OR IN TORT (INCLUDING NEGLIGENCE), INCLUDING WITHOUT LIMITATION DAMAGES DUE TO: (a) THE USE OF OR THE INABILITY TO USE THE WEBSITE; (b) THE COST OF PROCUREMENT OF SUBSTITUTE GOODS AND SERVICES RESULTING FROM ANY GOODS, DATA, INFORMATION OR SERVICES PURCHASED OR OBTAINED, OR MESSAGES RECEIVED OR TRANSACTIONS ENTERED INTO, THROUGH OR FROM THE WEBSITE; (c) STATEMENTS OR CONDUCT OF ANY THIRD PARTY ON THE WEBSITE, INCLUDING WITHOUT LIMITATION UNAUTHORIZED ACCESS TO OR ALTERATION OF TRANSMISSIONS OR DATA, MALICIOUS OR CRIMINAL BEHAVIOR, OR FALSE OR FRAUDULENT TRANSACTIONS; OR (d) CONTENT OR INFORMATION YOU MAY DOWNLOAD, USE, MODIFY OR DISTRIBUTE.
17.2 TO THE EXTENT THAT ANY JURISDICTION DOES NOT ALLOW THE EXCLUSION OR LIMITATION OF DIRECT, INCIDENTAL OR CONSEQUENTIAL DAMAGES, PORTIONS OF THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY.
17.3 EXCLUSIONS AND LIMITATIONS. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES OR THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES. ACCORDINGLY, SOME OF THE ABOVE LIMITATIONS OF SECTIONS 19 AND 20 MAY NOT APPLY TO YOU.
Please report any violations of the Terms and Condition to contact us, subject line: Terms and Conditions Violations.
Version: May 2010