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user
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Welcome to 3 Klicks Ltd (referred to as
“3 Klicks Ltd”) where affordable
web design is the name of the game. This 3 Klicks Ltd Services Member Agreement (the "Agreement")
explains the terms and conditions governing your use
of 3 Klicks Ltd’s services, technology,
and any other content available on the 3 Klicks Ltd service. By checking the box and clicking on
the ‘Continue’ button, you accept these
terms and conditions and acknowledge that the 3 Klicks Ltd service is subject to certain limitations
set forth below. If you do not wish to accept this agreement,
do not purchase this service. By registering and purchasing
any 3 Klicks Ltd service, you agree to use
the 3 Klicks Ltd service in a manner consistent
with all applicable laws and regulations and in accordance
with the terms and conditions outlined below.
1. Services
(a) Generally. Purchasing 3 Klicks Ltd's
service entitles you (a "Member") to all the
tools, content, and services available on the system
regardless of your use of them.
If you would like to switch 3 Klicks Ltd
services, please contact Customer Care or apply the
changes on your own (in your "Account Summary"
in the Customer Login Area.
(b) 3 Klicks Ltd Services and Technology:
You will be able to use the proprietary and licensed
technology incorporated in the 3 Klicks Ltd
Service ("Technology"). to build and maintain
your web site ("Member Site") 3 Klicks Ltd may offer other tools and services that are
not included in any 3 Klicks Ltd Service,
including premium or custom services for which an additional
fee will apply. Separate terms and conditions apply
for each 3 Klicks Ltd solution and will be
outlined in a separate agreement.
2. Payment Terms
(a) For access to and use of any 3 Klicks Ltd
Service, you agree to pay all fees and charges specified
in the 3 Klicks Ltd Service fee schedule.
All fees are due immediately and are non-refundable.
3 Klicks Ltd asks that you provide us with
your credit card information for payment, and all charges
you incur for use of the 3 Klicks Ltd Service
will be charged to the credit card number you provide.
If 3 Klicks Ltd does not receive payment
from the card issuer, you agree to pay 3 Klicks Ltd all amounts due upon demand. 3 Klicks Ltd may take commercially reasonable actions to
validate your credit card and collect all payments due.
You agree to pay all legal and collection fees arising
from any efforts to collect any past due amounts from
you to the extent allowed by law. You understand that
if 3 Klicks Ltd does not receive timely payment
of all amounts due for any Solution you purchase, your
use of any 3 Klicks Ltd Service or Solution
may be severely restricted or terminated at 3 Klicks Ltd's sole discretion. This includes any Information
you provide to 3 Klicks Ltd while using any
3 Klicks Ltd Service or Solution.
THE FEE FOR ANY 3 Klicks Ltd SERVICE IS NONREFUNDABLE.
3 Klicks Ltd WILL NOT REFUND ANY FEES PAID
BY YOU IF YOU TERMINATE YOUR AGREEMENT WITH US.
(b) 3 Klicks Ltd reserves the right at its
sole discretion and as it deems appropriate to add or
remove certain services it offers and change its fees
for any services in accordance with Section 4.
(c) You agree to notify 3 Klicks Ltd immediately
if you suspect unauthorized use of the 3 Klicks Ltd Service, your credit card, or your password.Generally,
credit card providers will not hold you liable for more
than £50 of fraudulent charges. Subject to the
following, if your credit card provider holds you liable
for any of this £50, 3 Klicks Ltd will
cover your entire liability up to the full £50.
3 Klicks Ltd will cover this liability only
if the unauthorized use of your credit card is solely
a result of a negligent act or omission by 3 Klicks Ltd, and only for purchases made at 3 Klicks Ltd while using the secure server. In the event
of an unauthorized use of your credit card, you must
notify your credit card provider in accordance with
its reporting rules and procedures.
(d) You agree to pay any taxes, including personal property
taxes or sales taxes (VAT for UK Customers), resulting
from your use of the 3 Klicks Ltd Services.
You agree to pay all legal and collection fees arising
from our efforts to collect any past due amounts from
you to the extent allowed by law.
3. Restrictions and Description of Prohibited Acts
(a) You may not use the 3 Klicks Ltd Service
or 3 Klicks Ltd Solution, the selection of
a web address for your Member Site, the Technology,
or the Member Site to, including, but not limited to:
(i) display material containing pornographic material
or adult paraphernalia of any kind, whether viewable
by the general public or hidden in password protected
areas
(ii) provide material that is grossly offensive to the
3 Klicks Ltd online community, including
blatant expressions of bigotry, prejudice, racism, hatred,
or profanity, or post any obscene, lewd, lascivious,
filthy, excessively violent, harassing, or otherwise
objectionable content
(iii) sell or promote any products or services that
are unlawful in the location at which the content is
posted or received
(iv) access illegally or without authorization any computers,
accounts, or networks of 3 Klicks Ltd or
any 3 Klicks Ltd Member, or attempt to penetrate
3 Klicks Ltd's security measures ("hacking"),
or conduct a port scan, stealth scan, or other information-gathering
activity the intent of which is to gather information
to be used to attempt a system penetration; or upload
to 3 Klicks Ltd, send through 3 Klicks Ltd, or have 3 Klicks Ltd host or
distribute any Internet viruses, worms, Trojan horses,
other harmful code, pinging, flooding, mail bombing,
or denial-of-service attacks; or disrupt the use of
or interfere with the ability of others to effectively
use an 3 Klicks Ltd Service or any connected
network, system, service, or equipment
(v) display material that exploits, or otherwise exploit,
children under 18 years of age
(vi) post any content or otherwise infringe in any way
or violate any copyright, patent, trademark, service
mark, trade name, trade secret, or other intellectual
property right of any third party
(vii) promote, solicit, or participate in pyramid schemes
(viii) post any content that holds 3 Klicks Ltd
up to public scorn or ridicule
(ix) engage in any libellous, defamatory, scandalous,
threatening, or harassing activity
(x) post or disclose any personally identifying information
or private information about children or any third parties
without their consent (or their parents' consent, in
case of a minor)
(xi) post any content that advocates, promotes, or otherwise
encourages violence against any governments, organizations,
groups, or individuals or that provides instruction,
information, or assistance in causing or carrying out
such violence.
(xii) post any information, images or content that 3 Klicks Ltd (in its sole discretion) deems immoral
or unfit for general public consumption.
(b) You agree that without the express consent of 3 Klicks Ltd (and showing proof of the appropriate licenses
where necessary or appropriate), you will never provide,
sell, or offer to sell the following products or content
(or services related to the same) on the Member Site
you create: pharmaceutical or any other controlled substances;
illegal drugs; illegal drug contraband; alcohol; firearms;
weapons; pirated computer programs; pornography or illicitly
pornographic sexual products; adult paraphernalia; programs
to "nuke" or create attacks against another
individual or an Internet service provider; illegal
goods; escort services; instructions on how to assemble
or otherwise make bombs, grenades, or other weapons;
information used to circumvent manufacturer-installed
copy-protect devices; or computer software viruses or
software designed to create a virus.
(c) You also agree that you will never promote or provide
instructional information about: illegal activities,
activities that can lead to physical harm to any group
or individual, or any activities that lead to cruelty
to animals. You may not use the 3 Klicks Ltd
Service, Technology, or Member Site in any high-risk
activities where damage or injury to persons, property,
environment, or business may result if an error occurs.
YOU EXPRESSLY ASSUME ALL RISK FOR SUCH USE.
(d) Unless 3 Klicks Ltd offers a service
to conduct any of the following, you agree that you
will never conduct the following types of activities
on the Member Site: gambling; sweepstakes; raffles;
lotteries; contests, pyramid, or Ponzi schemes; and/or
unsolicited commercial Email (spam).
(e) You agree that you will not (and you will not allow
any third party to) partake in the following actions:
reverse engineering, reverse compiling or otherwise
deriving the underlying source code or structure or
sequence of any 3 Klicks Ltd Service, 3 Klicks Ltd Solution, or any Technology; individual
passwording of Member Sites (or pages contained therein);
deleting or altering author attributes or copyright
notices, unless expressly permitted in writing by the
author or owner; and/or fail to obtain all required
permissions when using an 3 Klicks Ltd Service,
3 Klicks Ltd Solution, or Technology to receive,
upload, download, display, distribute, or execute programs
or perform other works protected by intellectual-property
laws, including copyright and patent laws.
(f) You agree and acknowledge that at all times, 3 Klicks Ltd retains all rights to the graphical design
of the website or template used by you as a paying customer.
Images are licensed royalty-free images that 3 Klicks Ltd does not sell, sublicense or offer for
lease to any customers before, during or after their
time with 3 Klicks Ltd as a customer.
4. Changes to the Terms and Conditions
3 Klicks Ltd may at any time, with notice
of not less than thirty (30) days, change its fees and
change the terms of this Agreement. Except for the addition
of new tools and services, 3 Klicks Ltd will
also give reasonable notice before any modification
of the then-current 3 Klicks Ltd Service
that could change your Member Site. 3 Klicks Ltd will announce changes to our fees and charges
by posting them in the Home section of our service (first
page once a customer logs into to Client Area). 3 Klicks Ltd may, at its discretion, supplement such
notice by sending you an email or by putting a popup
notice on your screen when you access the 3 Klicks Ltd Service, or by sending you a letter. If
you find any change to be unacceptable, you are free
to terminate this agreement by following the steps described
in Section 8.
5. 3 Klicks Ltd Signature
3 Klicks Ltd relies on the ongoing support
of its customers to help fund the services it offers
its Members. Accordingly, 3 Klicks Ltd reserves
the right to include its signature in text ("online
website builder: 3 Klicks Ltd ") at
the bottom of each web page 3 Klicks Ltd
hosts. This will be unobtrusive so as not to detract
or in any way distract our customers’ web site
visitors.
6. Information About You and Your Business
(a) 3 Klicks Ltd is committed to protecting
your privacy. 3 Klicks Ltd will never sell
personally identifiable information about you or your
business to any third party without first receiving
your permission, and all uses of any personally identifiable
information about you or your business will be subject
to our Privacy Policy.
(b) In order to protect you, 3 Klicks Ltd
uses state-of-the-art technology to protect your data
from unauthorized third parties. Currently 3 Klicks Ltd uses Secure Sockets Layer (SSL) software
to protect your data and secure your transactions. SSL
encrypts or "scrambles" all your personal
information, including your credit card number, name,
and address, as it is transmitted over the Internet.
For more details, please visit Security.
7. 3 Klicks Ltd Rights
(a) Member Site Content Changes. 3 Klicks Ltd
reserves the right to make changes to Member Site upon
written request by you to Customer Care to do so, such
as through email, or upon breach of any of the provisions
of this Agreement by providing you notice of such breach
and reasonable time, determined by 3 Klicks Ltd
at its sole discretion, to rectify the infringing content.
If after such time has expired the Member Site does
not conform to 3 Klicks Ltd's satisfaction,
3 Klicks Ltd may make changes to the content
of Member Site to bring it to compliance with this Agreement.
Member agrees not to hold 3 Klicks Ltd liable
for any foreseeable, unforeseeable, direct, or indirect
consequences that may result from changes made by Customer
Support to Member Site in response to Member request
to do so or in response to a Member Site that breaches
this Agreement. 3 Klicks Ltd's decisions
are final and binding. Notwithstanding the above, 3 Klicks Ltd also reserves the right to discontinue
the provision of any or all aspects of the 3 Klicks Ltd Service or any 3 Klicks Ltd
Solution to any Member for any breach of this Agreement.
(b) Communications. You will receive a confirmation
email from us at the time of registration. Once registered,
you can set your email subscription preferences by clicking
on the My Account link in the upper right corner of
the Service, then choosing the Email Subscriptions link.
If you choose to receive Member communications, you
may choose to change your email preferences at any time
by following the instructions above. 3 Klicks Ltd reserves the right to communicate with all Members
regardless of their email subscriptions in the event
that important messages need to be communicated to Members,
including, but not limited to, service outages, material
changes or modifications to the service, and notice
of changes to this Agreement.
8. Term/Termination
(a) Term.
This agreement shall be effective upon when you click
on the Continue button until terminated in accordance
with the provisions below.
(b) Termination by 3 Klicks Ltd.
(i) 3 Klicks Ltd may at any time without
notice to you discontinue any or all aspects of the
3 Klicks Ltd Service or restrict your use
of the 3 Klicks Ltd Service in whole or in
part for any breach of this Agreement by you; or if
3 Klicks Ltd determines in its sole and exclusive
judgment that terminating your use of the 3 Klicks Ltd Service is necessary for security reasons
or for proper continued operation of the 3 Klicks Ltd Service; or your use of the 3 Klicks Ltd Service, 3 Klicks Ltd Solution,
or Technology is not for legitimate business purposes,
or your use of the 3 Klicks Ltd Service violates
any laws or regulation; or if 3 Klicks Ltd
receives information that the 3 Klicks Ltd
Service or your use of the 3 Klicks Ltd Service
(or any part thereof) may violate any third-party right.
(ii) 3 Klicks Ltd may at any time, with thirty
(30) days notice to you, modify or discontinue any or
all aspects of the 3 Klicks Ltd Service.
(iii) 3 Klicks Ltd may at any time, with
ten (10) days notice to you, modify or discontinue any
or all aspects of the 3 Klicks Ltd Service
or any 3 Klicks Ltd Solution, if the credit
card number you provide 3 Klicks Ltd expires,
or if 3 Klicks Ltd is unable to charge valid
charges to that credit card number, or if you otherwise
fail to make payments due to 3 Klicks Ltd
hereunder.
(iv) Upon termination of this Agreement, all rights
granted to you under this Agreement shall terminate
immediately. If 3 Klicks Ltd terminates this
Agreement or suspends your access to the 3 Klicks Ltd Service, you will remain liable for the
full charge for the period during which we terminate
or suspend your 3 Klicks Ltd Service. Following
such termination or suspension, you agree not to reregister
for or otherwise access the 3 Klicks Ltd
Services without 3 Klicks Ltd's prior written
approval. 3 Klicks Ltd reserves the right
to delete any data files associated with your use of
the 3 Klicks Ltd Service upon termination
of this Agreement.
(v) In the event that a charge back occurs on your credit
card which is your responsibility (for example, insufficient
funds) then you agree to cover the charges imposed on
3 Klicks Ltd by the credit card company or
bank. If the error is as a result of 3 Klicks Ltd’s mistake, no charge back fee will apply.
(c) Termination by You.
You may cancel your 3 Klicks Ltd Service
at any time. To cancel, you must submit a written request
to Customer Care at least five (5) business days before
the beginning of your next billing period. If your notice
to 3 Klicks Ltd is within this five (5) business-day
period before the beginning of your next billing period,
you will be charged for the subsequent billing period,
and the cancellation will take effect for the following
billing period. Any cancellations that occur after the
monthly payment is withdrawn from your credit card are
non-refundable and are not pro-rated.
Effects of Cancellation
If you cancel your 3 Klicks Ltd Service,
then as of the end of the applicable billing period,
you will no longer have access to any of the tools and
services included in the service, therefore:
(i) 3 Klicks Ltd will no longer host your
web site, and all of your Information will be deleted
(ii) you will no longer have access to any site building
services, communication tools, or reports
(iii) you will no longer have access to your Web Mail,
and any files, emails, attachments, email addresses,
and any other information or content included in your
Web Mail account will be deleted
(iv) you will have no rights to the graphics or design
3 Klicks Ltd has provided once cancellation
is in effect (i.e.: design and graphics are the sole
property of 3 Klicks Ltd).
3 Klicks Ltd IS NOT RESPONSIBLE FOR THE DELETION
OF ANY FILE, ATTACHMENT, INFORMATION, CONTENT, OR ANY
OTHER CONSEQUENCE OF YOUR DECISION TO CANCEL THIS SERVICE.
9. Indemnification
You agree to indemnify 3 Klicks Ltd and hold
3 Klicks Ltd harmless against any and all
liabilities, cost, and expenses, including reasonable
legal costs related to or arising from:
(i) your use of the 3 Klicks Ltd Service
in a way that is prohibited or restricted under this
agreement
(ii) infringement of any copyright, trademark, intellectual
property, or other right or patent by any material you
post or use on your Member Site
(iii) any breach by you of this Agreement; and/or
(iv) any indecent, obscene, or libellous material posted
on your Member Site.
10. Reporting Violations
3 Klicks Ltd does not routinely monitor the
content of Member Sites but will investigate complaints
of a violation of third-party rights. Violations or
infringement of a third-party copyright, other intellectual
property right, or other right will be dealt with in
accordance with the 3 Klicks Ltd policy.
11. Proprietary Rights
As between the parties, 3 Klicks Ltd acknowledges
that it claims no proprietary rights in your Information
or any intellectual property right contained therein.
As between the parties, you acknowledge and agree that
3 Klicks Ltd and its licensors own all right,
title, and interest in:
(a) the 3 Klicks Ltd Service or any 3 Klicks Ltd Solution
(b) the Technology available on the 3 Klicks Ltd Service or 3 Klicks Ltd Solution
(c) and all content, including but not limited to text,
software, music, sound, photographs, video, graphics,
or other material contained or maintained on the 3 Klicks Ltd Service or 3 Klicks Ltd Solution
(collectively "3 Klicks Ltd Content"),
excluding all Member Information.
In addition, you agree that the 3 Klicks Ltd
Content and Technology available on the 3 Klicks Ltd Service or any 3 Klicks Ltd Solution
is protected by English, Canadian, U.S. and international
copyrights, trademarks, service marks, patents, or other
proprietary rights and laws; therefore, you are permitted
to use this 3 Klicks Ltd Content and Technology
only as expressly authorized by 3 Klicks Ltd.
You also understand and agree that the compilation,
collection, selection, arrangement, assembly, and coordination
of all 3 Klicks Ltd Content available on
the 3 Klicks Ltd Service or 3 Klicks Ltd Solution is the exclusive property of 3 Klicks Ltd and its licensors and protected by U.S.
and international copyright laws. You agree that, except
as expressly authorized by 3 Klicks Ltd,
all the 3 Klicks Ltd Content and Technology
available on the 3 Klicks Ltd Service or
3 Klicks Ltd Solution may be used by you
only for your internal business and data-gathering purposes.
You may not make, use, sell, copy, reproduce, distribute,
transmit, or create derivative works from this 3 Klicks Ltd Content or Technology without expressly
being authorized to do so by 3 Klicks Ltd.
12. Trademarks
3 Klicks Ltd (TM), what the web can be (TM),
3 Klicks Ltd solutions (TM) and other pending
and/or registered trademarks and service marks, and
other graphics, logos, and service names used by 3 Klicks Ltd on the 3 Klicks Ltd Service
or 3 Klicks Ltd Solutions to identify the
products or services of 3 Klicks Ltd (collectively
the "3 Klicks Ltd Trademarks")
are the trademarks of 3 Klicks Ltd. You agree
not to use the 3 Klicks Ltd Trademarks in
connection with your products or services or any third-party
products or services or in any manner that disparages
or discredits 3 Klicks Ltd. All other brands
and names (including third-party product names) used
on the 3 Klicks Ltd Service are the property
of their respective owners.
13. Limitation on Liability
(a) YOU ARE SOLELY RESPONSIBLE FOR THE PROPER CONDUCT
OF YOUR BUSINESS AND ALL OTHER MATTERS UNDER YOUR CONTROL.
REGARDLESS OF THE TYPE OF CLAIM OR THE NATURE OF THE
CAUSE OF ACTION, YOU AGREE THAT IN NO EVENT WILL 3 Klicks Ltd, OUR AFFILIATES, CONTRACTORS, SERVICE PROVIDERS,
EMPLOYEES, AGENTS, OR LICENSORS, OR ANY OTHER PARTY
INVOLVED IN CREATING, PRODUCING, OR DELIVERING THE 3 Klicks Ltd SERVICE, TECHNOLOGY, OR CONTENT AVAILABLE
ON THE 3 Klicks Ltd SERVICE ("3 Klicks Ltd AFFILIATES"), BE LIABLE TO YOU IN
ANY MANNER WHATSOEVER:
(I) FOR ANY DECISION MADE OR ACTION OR NONACTION TAKEN
BY YOU IN RELIANCE UPON THE INFORMATION PROVIDED THROUGH
THE 3 Klicks Ltd SERVICE
(II) FOR LOSS OR INACCURACY OF DATA OR COST OF PROCUREMENT
OF SUBSTITUTE GOODS, SERVICES, OR TECHNOLOGY
(III) FOR ANY INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL,
OR PUNITIVE DAMAGES, INCLUDING BUT NOT LIMITED TO LOSS
OF REVENUES AND LOSS OF PROFITS, EVEN IF 3 Klicks Ltd HAS BEEN ADVISED OF THE POSSIBILITY OF
SUCH DAMAGES.
(b) THE AGGREGATE LIABILITY OF 3 Klicks Ltd
AND THE 3 Klicks Ltd AFFILIATES ARISING FROM
OR RELATING TO THIS AGREEMENT (REGARDLESS OF THE FORM
OF ACTION OR CLAIM) IS LIMITED TO ANY AMOUNTS YOU HAVE
PAID TO 3 Klicks Ltd DURING THE TERM OF THIS
AGREEMENT FOR ANY 3 Klicks Ltd SERVICE, 3 Klicks Ltd SOLUTION, OR TECHNOLOGY.
(c) SOME JURISDICTIONS DO NOT ALLOW THE LIMITATION OR
EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL
DAMAGES; IN THOSE JURISDICTIONS OUR LIABILITY SHALL
BE LIMITED TO THE EXTENT PERMITTED BY LAW.
(d) IN NO EVENT IS 3 Klicks Ltd OR ANY 3 Klicks Ltd AFFILIATE LIABLE FOR ANY DAMAGES ARISING
FROM YOUR FAILURE TO PERFORM YOUR RESPONSIBILITIES IN
CONNECTION WITH THIS AGREEMENT, OR ARISING FROM ANY
CAUSE BEYOND 3 Klicks Ltd'S CONTROL.
(e) THIS SECTION APPLIES TO ALL CLAIMS BY YOU IRRESPECTIVE
OF THE CAUSE OF ACTION UNDERLYING YOUR CLAIM, INCLUDING
BUT NOT LIMITED TO BREACH OF CONTRACT (EVEN IF IN THE
NATURE OF A BREACH OF CONDITION OR A FUNDAMENTAL TERM
OR A FUNDAMENTAL BREACH), OR TORT, INCLUDING BUT NOT
LIMITED TO NEGLIGENCE, STRICT LIABILITY, FRAUD, MISREPRESENTATION,
AND/OR OTHERWISE.
14. Warranties/Disclaimers
Once you publish your site, you can expect 99 percent
availability in any calendar month, excluding scheduled
maintenance or outages beyond our control or other third-party
service provider outages. Your published site is available
when end users are able to download your homepage from
3 Klicks Ltd.
If, for some reason beyond our control, the 3 Klicks Ltd service in unavailable to you and your
customers for less than 80% of the time (calendar month),
3 Klicks Ltd will provide a refund for the
affected month. You acknowledge that in no way will
3 Klicks Ltd be held financially responsible
for any loss of business / service as a result of downtime
of your web site or the improper functioning of it.
Please report any technical problems to Customer Care.
Once a 3 Klicks Ltd refund is given (for
affected calendar month), it will be applied to your
next billing cycle. If a credit is necessary, you will
receive the appropriate credit within 6 to 8 weeks of
the end of the month in which the Performance Guarantee
was breached. In no event will 3 Klicks Ltd
refund any portion of the package service fee. Availability
shall be calculated solely by 3 Klicks Ltd.
This Performance Guarantee does not apply to any technology
offered to you in a "preview" or "beta"
mode.
The remedy stated above is your sole remedy for any
breach of the Performance Guarantee.
(a) THE OPINIONS AND VIEWS EXPRESSED IN ANY MEMBER SITE
DO NOT REFLECT THOSE OF 3 Klicks Ltd, AND
3 Klicks Ltd DOES NOT REVIEW, VERIFY, ENDORSE,
OR OTHERWISE VOUCH FOR THE CONTENT OR LEGITIMACY OF
ANY MEMBER SITES. 3 Klicks Ltd IS NOT RESPONSIBLE
FOR THE CONTENT OF ANY MEMBER PAGE. MEMBERS ARE SOLELY
RESPONSIBLE FOR EVERYTHING CONTAINED IN THEIR OWN MEMBER
SITE. MEMBERS MAY BE HELD LEGALLY LIABLE FOR THE CONTENTS
OF THEIR MEMBER SITE AND MAY BE HELD LEGALLY ACCOUNTABLE
IF THEIR MEMBER SITE INCLUDES, FOR EXAMPLE, ANY DEFAMATORY
COMMENTS OR MATERIAL PROTECTED BY COPYRIGHT, TRADEMARK,
PATENT, OR TRADE SECRET OR OTHER LAWS WITHOUT THE EXPRESS
PERMISSION OF THE AUTHOR OR OWNER.
(b) 3 Klicks Ltd IS NOT RESPONSIBLE FOR THE
DELIVERY OR QUALITY OF ANY GOODS OR SERVICES SOLD OR
ADVERTISED THROUGH THE 3 Klicks Ltd NETWORK
OR THROUGH ANY 3 Klicks Ltd AFFILIATE PROGRAM
OR THROUGH THE MEMBER SITES.
(c) EXCEPT FOR 14(a), ALL 3 Klicks Ltd SERVICE,
CONTENT, AND TECHNOLOGY PROVIDED IN ASSOCIATION WITH
THE 3 Klicks Ltd SERVICE ARE PROVIDED "AS
IS" WITHOUT WARRANTIES OF ANY KIND. TO THE FULL
EXTENT PERMISSIBLE BY APPLICABLE LAW AND EXCEPT AS SPECIFICALLY
SET FORTH HEREIN, NEITHER 3 Klicks Ltd NOR
3 Klicks Ltd'S LICENSORS MAKE ANY WARRANTIES
OR REPRESENTATIONS OF ANY KIND WITH RESPECT TO THE 3 Klicks Ltd SERVICE, CONTENT, TECHNOLOGY, OR PRODUCTS
THAT 3 Klicks Ltd OR ITS LICENSORS OR ANY
OTHER THIRD PARTY PROVIDES, AND 3 Klicks Ltd
AND ITS LICENSORS EXPRESSLY DISCLAIM ALL IMPLIED AND
EXPRESS WARRANTIES OF MERCHANTABILITY, FITNESS FOR A
PARTICULAR PURPOSE, OR NONINFRINGEMENT WITH RESPECT
TO THE SAME. WITHOUT LIMITING THE FOREGOING, NO WARRANTY
IS GIVEN THAT THE 3 Klicks Ltd SERVICE OR
TECHNOLOGY IS ERROR-FREE. 3 Klicks Ltd AND
ITS LICENSORS DISCLAIM ANY WARRANTY OF TITLE OR ANY
OTHER WARRANTIES FOR ANY THIRD PARTY'S OFFERING(S) OR
PRODUCT(S).
(d) 3 Klicks Ltd DOES NOT GUARANTEE THAT
ITS SECURITY PROCEDURES WILL PREVENT THE LOSS OF, ALTERATION
OF, OR IMPROPER ACCESS TO YOUR INFORMATION. 3 Klicks Ltd AND ITS LICENSORS ARE NOT RESPONSIBLE FOR
INVALID DESTINATIONS AND TRANSMISSION ERRORS IN, CORRUPTION
OF, OR THE SECURITY OF YOUR INFORMATION CARRIED OVER
INTEREXCHANGE CARRIERS', LOCAL EXCHANGE CARRIERS', OR
OTHER PROVIDERS' FACILITIES.
(e) THE DOCUMENTS AND GRAPHICS APPEARING ON THE 3 Klicks Ltd SERVICE MAY INCLUDE TECHNICAL INACCURACIES,
TYPOGRAPHICAL ERRORS, AND OUT-OF-DATE INFORMATION; THEREFORE
YOU EXPRESSLY ASSUME ALL RISK FOR SUCH USE OF THE 3 Klicks Ltd SERVICE, 3 Klicks Ltd SOLUTION,
OR TECHNOLOGY.
(f) 3 Klicks Ltd MAY PROVIDE LINKS TO OTHER
WEB SITES OR RESOURCES. YOU ACKNOWLEDGE AND AGREE THAT
3 Klicks Ltd 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. YOU ALSO AGREE THAT 3 Klicks Ltd SHALL NOT BE RESPONSIBLE OR LIABLE, DIRECTLY
OR INDIRECTLY, FOR ANY DAMAGE OR LOSS CAUSED OR ALLEGED
TO BE CAUSED BY OR IN CONNECTION WITH USE OF OR RELIANCE
ON ANY SUCH CONTENT, GOODS, OR SERVICES AVAILABLE ON
SUCH EXTERNAL THIRD-PARTY SITES.
(g) 3 Klicks Ltd makes no warranty, pledge
or guarantee as to the effect of Search Engine Marketing
or Positioning on your business results.
15. Miscellaneous
(a) This Agreement shall be governed by and construed
in accordance with English law and you agree to submit
to the exclusive jurisdiction of the English courts.
If local laws prohibit your participation in any part
of the 3 Klicks Ltd Service, or use of them,
then you are responsible for complying with such laws
and the terms of this Agreement.
(b) Any and all disputes between you and 3 Klicks Ltd will be settled by arbitration in London,
and you agree that all negotiations, discussions, and
settlements shall be subject to obligations of confidentiality
and shall not be disclosed to any third party.
(c) If any provision(s) of this Agreement is held to
be contrary to law, then such provision(s) shall be
construed, as nearly as possible, to reflect the intentions
of the parties with the other provisions remaining in
full force and effect.
(d) All notices to you shall be in writing and shall
be made either via email or conventional mail, or by
posting such notices on the 3 Klicks Ltd
Service. 3 Klicks Ltd may broadcast notices
or messages through the 3 Klicks Ltd Service
to inform you of changes to this Agreement, the 3 Klicks Ltd Service, or other matters of importance;
such broadcasts shall constitute notice to you. All
notices to 3 Klicks Ltd from you must be
made in writing via our Customer Care form.
(e) 3 Klicks Ltd's failure to exercise or
enforce any right or provision of this Agreement shall
not constitute a waiver of such right or provision unless
acknowledged and agreed to by 3 Klicks Ltd
in writing.
(f) Except in the event that you purchase any 3 Klicks Ltd Solution, this Agreement comprises the
entire agreement between you and 3 Klicks Ltd
and supersedes all prior agreements between the parties
regarding the subject matter contained herein. Should
you choose to purchase any 3 Klicks Ltd Solution,
you will be bound by all terms and conditions relating
to the provision of such 3 Klicks Ltd Solution.
(g) Your membership in the 3 Klicks Ltd Service
and any of your rights hereunder may not be assigned
or transferred to any third party. 3 Klicks Ltd
reserves the right to assign this agreement to any third
party that acquires all or substantially all of its
relevant business or assets.
(h) The section titles in this Agreement are solely
used for the convenience of the parties and have no
legal or contractual significance.
(i) You represent and warrant that you are over the
age of 18 years, have read this Agreement, and agree
to be bound by its terms and conditions.
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