The CLIC Network Terms of Service/User Agreement
Effective October 1, 2007
The CLIC Network the next generation web site in online interaction: goal networking-utilizing social networking, mobile technology, video, email, instant messaging, database and content aggregating capabilities designed to help students age 13 and over prepare for, apply to, attend and graduate from four-year, bachelor-degree-granting universities in the United States.
Our objective is to: 1) provide all participants in the college experience (students, families, counselors and educators, admissions officers, scholarship and community organizations and more) with a single, centralized source to reach their collegiate goals, and; 2) give colleges and scholarship and community organizations direct access to the exact students they seek in one, central location.
Achieving our goal requires The CLIC Network and its users to agree to all of the following terms and conditions in this Terms of Service/User Agreement ("Agreement") between The CLIC Network and related services, applications, domains and offered and you, either an individual of at least 13 years of age or a single entity ("You", "User", "Member" or, collectively, "Users"), regarding your use of The CLIC Network. We know-it's a lot of words, but without this Agreement, we can't provide you with our exceptional network of students, colleges, secondary schools, scholarship and community groups, families and sponsors to assist every student in America in reaching their dream of a college education.
You Are Entering Into a Legally Binding Contract
By using The CLIC Network, you agree to be bound by this Agreement, whether or not you are a "Visitor" (which means that You simply browse The CLIC Network web site) or a "Member" or "User" (which means that you have registered with The CLIC Network). You are only authorized to use The CLIC Network if you agree to abide by this Agreement. Please read this carefully and save it. If you do not agree with it, you should leave The CLIC Network and discontinue use of our web site immediately. If you wish to become a Member and make use of The CLIC Network, you must read this Agreement and indicate your acceptance during the registration process.
IF YOU ARE USING OR OPENING AN ACCOUNT WITH THE CLIC NETWORK ON BEHALF OF A COMPANY, ENTITY, OR ORGANIZATION, THEN YOU REPRESENT AND WARRANT THAT YOU ARE AN AUTHORIZED REPRESENTATIVE OF THAT ORGANIZATION WITH THE AUTHORITY TO BIND SUCH ORGANIZATION TO THESE TERMS; (AND AGREE TO THESE TERMS ON BEHALF OF SUCH ORGANIZATION).
BY CLICKING THE "I AGREE" BUTTON OR BY USING THE CLIC NETWORK SERVICES, YOU AGREE TO BE BOUND BY THIS AGREEMENT AND REPRESENT THAT YOU ARE AT LEAST 13 YEARS OF AGE AND HAVE NOT BEEN PREVIOUSLY SUSPENDED OR REMOVED FROM THE CLIC NETWORK.
Who are "We?"
TheCLICNetwork.com, TheCLIC.net, and all related web sites and offline publications are wholly owned and operated by The CLIC, Inc., a California corporation, headquartered at 14622 Ventura Blvd. #333, Sherman Oaks, CA 91403. Throughout this Agreement, any reference to we, us, our, The CLIC, CLIC, TheCLIC.net or The CLIC Network shall mean The CLIC, Inc. and all its affiliated entities, services and web sites.
Who are "You?"
To join The CLIC Network, you must be one of the following:
Students: A student, over the age of 13, currently enrolled in secondary school (high school, middle school or junior high) or college, or in the process of applying to college;
Colleges: A four-year, bachelor-degree-granting college and/or university in the United States that has registered with The CLIC Network through an authorized administrative representative and have been verified for membership;
Secondary Schools: A High school, middle school or junior high school that is registered with The CLIC Network through an authorized administrative representative and has been verified for membership;
Community Groups: A 501(c)(3) organization that has been in operation for at least one year and/or officially affiliated university, high school, church or government programs designed to support and promote college application, matriculation and graduation, including scholarship-granting entities;
Families: A parents, guardian or other family member who can provide at least one registered and vetted proof of student identification; or
Sponsors: An entity, whether commercial, government or university, that enters into a binding sponsorship agreement to provide content to The CLIC Network, and/or contact specific Users through The CLIC Network web site and affiliated outreach services.
Colleges, Secondary Schools, Community Groups, Families and Sponsors are never given User IDs or email addresses or any other contact information, and are only able to contact those Users who have opted to hear from them.
Privacy Policy
Use of The CLIC Network is also governed by our Privacy Policy, which is incorporated into this Agreement by this reference. All Visitors and Users must read and understand this Privacy Policy prior to using The CLIC Network.
Copyright Policy
Use of The CLIC Network is also governed by our Copyright Policy, which is incorporated into this Agreement by this reference. Any User who will be uploading content to The CLIC, whether text, graphic, audio, video, or in any other form, is required to review the Copyright Policy, and by clicking "I AGREE" below, You agree that you have done so and assent to all its terms.
Non-Commercial Use
The CLIC Network is for the personal use of Members and Users only and may not be used in connection with any commercial endeavors except those that are specifically authorized or approved by The CLIC Network. Illegal and/or unauthorized use of The CLIC Network, including collecting usernames and/or email addresses of Members by electronic or other means for the purpose of sending unsolicited email or unauthorized framing of or linking to The CLIC Network is prohibited. Commercial advertisements, affiliate links, and other forms of solicitation may be removed from profiles without notice and may result in termination of membership privileges. Appropriate legal action will be taken for any illegal or unauthorized use of The CLIC Network.
Your Obligations as a User
User ID
When you sign up to become a Member, you will also be asked to choose a User ID. For safety and privacy reasons, student users agree not to use their first, middle or last name in any portion of their User ID. Student users further agree not to use any obscene, lewd, excessively violent, harassing, sexually explicit, or racially, religiously, ethnically, sexuality-related offensive, derogatory or otherwise objectionable words in their User ID.
Password
When you sign up to become a Member, you will also be asked to choose a password. You are entirely responsible for maintaining the confidentiality of your password. You agree not to use the account, username, or password of another Member at any time or to disclose your password to any third party. You agree to notify The CLIC Network immediately if you suspect any unauthorized use of your account or access to your password. You are solely responsible for any and all use of your account, whether by you or by another User, whether authorized by you or not.
You hereby indemnify, defend, and hold The CLIC Network, our affiliates, and our officers, directors, owners, agents, information providers, licensors, and licensees (collectively, the "Indemnified Parties") harmless from and against any and all liabilities and costs, including reasonable attorneys' fees, incurred in connection with any claim arising from the use of your CLIC Network account. You shall use your best efforts to cooperate with us in the defense of any claim. We reserve the right to assume the exclusive defense and control of any matter otherwise subject to indemnification by you.
Profile Information
You agree that all information you provide to The CLIC Network on registration and at all other times will be true, accurate, current, and complete. You also agree that you will ensure that this information is kept accurate and up-to-date at all times. If you have reason to believe that your account is no longer secure (e.g., in the event of a loss, theft or unauthorized disclosure or use of your account ID, password, or any credit, debit or charge card number, if applicable), then you agree to immediately notify The CLIC Network. You may be liable for the losses incurred by The CLIC Network or others due to any unauthorized use of your user account.
Please choose carefully the information you post on The CLIC Network and that you provide to other Users. Your CLIC Network profile may not include the following items: telephone numbers, street addresses, full legal names, and any photographs containing obscene, lewd, excessively violent, harassing, sexually explicit or otherwise objectionable subject matter, and the CLIC Network reserves the right to remove any information it deems inappropriate from your The CLIC Network profile. Despite this prohibition, information provided by other CLIC Network Members (for instance, in their profiles) may contain inaccurate, inappropriate, offensive or explicit material, products or services, and The CLIC Network assumes no responsibility or liability for this material. If you become aware of misuse of The CLIC Network by any person or entity, please report it to us immediately at tos[AT]theclic.net.
Prohibited Conduct
YOU AGREE NOT TO COMMIT ANY ACT OF THE FOLLOWING PROHIBITED CONDUCT: br>
(i) use The CLIC Network for any purposes other than to receive or disseminate information related to the college application process, financial aid, the college or secondary school experience, or any original or appropriately licensed content, and/or to access The and Network and services as offered and intended by The CLIC Network;
(ii) make unsolicited offers, advertisements, proposals, or send junk mail or spam to other Users of The CLIC Network. This includes, but is not limited to, unsolicited advertising, promotional materials, or other solicitation material, bulk mailing of commercial advertising, chain mail, informational announcements, charity requests, and petitions for signatures;
(iii) use The CLIC Network in violation of any local, state, national, or international law, including, without limitation, laws governing intellectual property and other proprietary rights, and data protection and privacy or post, upload, or distribute any defamatory, libelous, or inaccurate User Content or other content;
(iv) defame, harass, abuse, threaten or defraud Users of The CLIC Network, or post, upload, or distribute any User Content (as defined below) or other content that is unlawful or that a reasonable person could deem to be objectionable, offensive, indecent, pornographic, harassing, threatening, embarrassing, distressing, vulgar, hateful, racially/ethnically/religiously/sexuality-related offensive, or otherwise inappropriate;
(v) collect, or attempt to collect, personal information about Users or third parties without their consent, or use the content on The CLIC Network for any commercial use, it being understood that the content available on The CLIC Network is for personal, non-commercial use only;
(vi) rent, lease, loan, sell, resell, sublicense, distribute or otherwise transfer the licenses granted herein or any Materials (as defined within this Agreement);
(vii) impersonate any person or entity, falsely claim an affiliation with any person or entity, or access The CLIC Network accounts of others without permission, forge another persons' digital signature, misrepresent the source, identity, or content of information transmitted via The CLIC Network, or perform any other similar fraudulent activity;
(viii) hack, remove, circumvent, disable, damage or otherwise interfere with security-related features of The CLIC Network or User Content, features that prevent or restrict use or copying of any content accessible through The CLIC Network, or features that enforce limitations on the use of The CLIC Network or User Content, or intentionally interfere with or damage operation of The CLIC Network or any user's enjoyment of them, by any means, including uploading or otherwise disseminating viruses, adware, spyware, worms, or other malicious code;
(ix) reverse engineer, decompile, disassemble or otherwise attempt to discover the source code of The CLIC Network or any part thereof, except and only to the extent that such activity is expressly permitted by applicable law notwithstanding this limitation;
(x) modify, adapt, translate or create derivative works based upon The CLIC Network or any part thereof, except and only to the extent that such activity is expressly permitted by applicable law notwithstanding this limitation.
User Content Posted on the CLIC
The CLIC Network does not claim any ownership rights in the proprietary photos, text, information, music, video, advertisements, listings, and other content, works of authorship, or any other materials (collectively, "User Content") that you post to The CLIC Network. You are solely responsible for the User Content that you upload, publish or display on or through The CLIC Network, or transmit to or share with other Users.
You may not post, transmit, or share User Content on The CLIC Network that you did not create or that you do not have permission to post. You understand and agree that The CLIC Network may, but is not obligated to, review our web sites and may delete or remove (without notice) any User Content in our sole discretion, for any reason or no reason, including, without limitation: User Content that, in the sole judgment of The CLIC Network, violates this Agreement, or which might be offensive, illegal, or that might violate the rights, harm, or threaten the safety of users or others. You are solely responsible at your sole cost and expense for creating backup copies and replacing any User Content you post or store on The CLIC Network or otherwise provide to The CLIC Network.
When you post User Content to The CLIC Network, you authorize and direct us to make such copies as we deem necessary in order to facilitate the posting and storage of the User Content on The CLIC Network. By posting User Content to any part of The CLIC Network, you automatically grant, and you represent and warrant that you have the right to grant, to The CLIC Network an irrevocable, perpetual, non-exclusive, transferable, fully paid, worldwide license (with the right to sublicense) to use, copy, publicly perform, publicly display, reformat, translate, excerpt (in whole or in part) and distribute such User Content for any purpose on, or in connection with, The CLIC Network or the promotion thereof, to prepare derivative works of, or incorporate into other works, such User Content, and to grant and authorize sublicenses of the foregoing in any and all media and platforms, currently known and yet to be invented, in connection with The CLIC Network. Without this license, The CLIC Network would be unable to provide its various service offerings.
You may remove your User Content from the Site at any time. If you choose to remove your User Content, the license granted above will automatically expire, however you acknowledge that The CLIC Network may retain archived copies of your User Content.
You represent and warrant that: (i) you own the User Content posted by you on or through The CLIC Network or otherwise have the right to grant the license set forth in this section, and (ii) the posting of your User Content on or through The CLIC Network does not violate the privacy rights, publicity rights, copyrights, contract rights or any other rights of any person or entity. You agree to pay for all royalties, fees, and any other monies owing any person or entity by reason of any User Content posted by you to or through The CLIC Network.
You are solely responsible for User Content that you post on or through any of The CLIC Network, and any material or information that you transmit to other Users and for your interactions with other Users. User Content is not necessarily reviewed by The CLIC Network prior to posting and does not necessarily reflect the opinions or policies of The CLIC Network. The CLIC Network makes no warranties, express or implied, as to User Content or to the accuracy and reliability of User Content or any material or information that you transmit to other Members.
Ownership of The CLIC Network Content
The CLIC Network contains content created by, for, and for the exclusive use of The CLIC Network ("CLIC Content"). CLIC Content is protected by copyright, trademark, patent, trade secret and other laws, and CLIC owns and retains all rights in the CLIC Content and The CLIC Network.
The CLIC Network is owned and operated by The CLIC Network. The visual interfaces, graphics, design, compilation, information, computer code (including source code or object code), products, software, services, and all other elements of The CLIC Network provided by The CLIC (the "Materials") are protected by United States copyright, trade dress, patent, and trademark laws, international conventions, and all other relevant intellectual property and proprietary rights, and applicable laws. Except for any User Content owned by Users, all Materials contained on the CLIC Service are the property of The CLIC, its subsidiaries or affiliated companies and/or third-party licensors. All trademarks, service marks, and trade names are proprietary to The CLIC or its affiliates and/or third-party licensors.
Except as expressly authorized by The CLIC, you agree not to sell, license, distribute, copy, modify, publicly perform or display, transmit, publish, edit, adapt, create derivative works from, or otherwise make unauthorized use of the Materials or the CLIC Content.
The CLIC reserves all rights not expressly granted in this Agreement.
Content Linked to The CLIC Network
You should be aware that when accessing The CLIC Network, you could be directed to other web sites that are beyond our control. There are links to other web sites from The CLIC Network that take you outside of our service. This includes, but is not limited to, links from colleges, secondary schools, community groups, advertisers, sponsors, and content partners. You acknowledge that when you activate a link to another web site, the other web site is not controlled by The CLIC Network and different terms of use and privacy policy may apply. By activating links to other web sites, you acknowledge that The CLIC Network is not responsible for those web sites. We reserve the right to disable links from third-party web sites to any CLIC Network web page or other content, although we are under no obligation to do so.
We make no representations concerning the content of web sited linked to by any of our pages located within The CLIC Network. Consequently, we cannot be held responsible for the accuracy, relevancy, copyright compliance, legality, and/or decency of material contained within The CLIC Network, listed in our search results or otherwise linked to or from The CLIC Network.
CLIC Mobile
The CLIC Network includes certain services that are available via your mobile phone, either now or at some point in the future, including, but not limited to (i) the ability to upload User Content via your mobile phone ("Mobile Uploads"), (ii) the ability to receive and reply to CLIC Network alerts and messages, to Splat and receive Splats (The CLIC Network's messaging feeds to you), ("Mobile Splats"), (iii) the ability to browse The CLIC Network from your mobile phone ("Mobile Web"), and (iv) the ability to access certain CLIC Network features through a mobile application you have downloaded and installed on your mobile phone ("Mobile Client") (collectively the "Mobile Services"). We do not currently charge for these Mobile Services. However, your carrier's normal messaging, data and other rates and fees will still apply. You should check with your carrier to find out what plans are available and how much they cost. In addition, downloading, installing, or using certain Mobile Services may be prohibited or restricted by your carrier, and not all Mobile Services may work with all carriers or devices. Therefore, you should check with your carrier to find out if the Mobile Services are available for your mobile devices, and what restrictions, if any, may be applicable to your use of such Mobile Services. By using the Mobile Services, you agree that we may communicate with you regarding The CLIC Network and our service offerings and other entities by SMS, MMS, text message or other electronic means to your mobile device and that certain information about your usage of the Mobile Services may be communicated to us.
Jurisdiction and Choice of Law
The CLIC Network is controlled and operated by The CLIC, Inc. and its parent companies, subsidiaries, and affiliates from its U.S. offices in California. We make no representation that materials on The CLIC Network are appropriate or available for use in any particular location. Those who choose to access The CLIC Network do so on their own initiative and are responsible for compliance with local laws, if and to the extent local laws are applicable. Any information or data from this site is further subject to United States export controls. You agree to comply with all export laws and restrictions and regulations of the United States Department of Commerce or other United States or other sovereign agency or authority, and not to export, or allow the export or re-export of any software, technical data or any direct product thereof in violation of any such restrictions, laws or regulations, or unless and until all required licenses and authorizations are obtained with respect to the countries specified in the applicable United States Export Administration Regulations (or any successor supplement or regulations). The transfer of certain technical data and commodities may require a license from an agency of the United States government and/or written assurances by you that you will not export such software, technical data or commodities to certain foreign countries without prior approval of such agency. Your rights under this Agreement are contingent on your compliance with this provision.
No information or data from The CLIC Network may be downloaded or otherwise exported or re-exported (i) into (or to a national or resident of) Cuba, Libya, North Korea, Iran, Syria, or any other country to which the U.S. has embargoed goods; or (ii) to anyone on the U.S. Treasury Department's list of Specially Designated Nationals or the U.S. Commerce Department's Table of Deny Orders. By downloading or using the information or data, you represent and warrant that you are not located in, under the control of, or a national or resident of any such country or on any such list or otherwise in violation of export control laws or regulations.
These terms and conditions of use shall be governed by and construed in accordance with the laws of the State of California and the laws of the United States, without giving effect to any principles of conflicts of law. For Users residing outside the United States of America and using The CLIC Network in another territory, any dispute or claim arising out of or in connection with this Agreement or your use of The CLIC Networks shall be finally settled by binding arbitration in Los Angeles, California under the Rules of Arbitration of the International Chamber of Commerce by three arbitrator(s) appointed in accordance with said rules; judgment on the award rendered by these arbitrators may be entered in any court having jurisdiction thereof. The parties agree that this arbitration is the exclusive remedy for any disputes. For Users residing inside the United States of America and using The CLIC Network in the United States, you agree that any action at law or in equity arising out of or relating to this Agreement or The CLIC Network as an entity will be filed only in the state or federal courts in and for Los Angeles County, California, and you hereby consent and submit to the personal and exclusive jurisdiction of such courts for the purposes of litigating any such action.
Amendment
We reserve the right, at our sole discretion, to amend, change, modify, add, and/or delete portions of these terms and conditions of use in this Agreement at any time. In the event that we do so, we will notify you of any such change, modification, addition, and/or deletion by sending you an email at the last email address that you provided us, and/or by prominently posting notice of the any such change, modification, addition, and/or deletion on The CLIC Network sites covered by these terms and conditions of use. Any such change, modification, addition, or deletion will be effective upon the earlier of ten (10) calendar days following our dispatch of an email notice to you or thirty (30) calendar days following our posting of such notice on The CLIC Network sites covered by these terms and conditions of use. Please note that, at all times, you are responsible for updating your personal information to provide us your current email address. In the event that the last email address that you have provided us is not valid, or for any other reason is not capable of delivering to you the notice described above, our dispatch of the email containing such notice will nonetheless constitute effective notice of the changes, modifications, additions, and/or deletions described in the notice. Your continued the use of The CLIC Network following the delivery of such notice will constitute assent to any and all changes to the Agreement.
Termination; Violations; Indemnification
You agree that The CLIC Network, in its sole discretion, and without penalty, may terminate or suspend any account hosted by, or your use of, The CLIC Network and remove and discard all or any part of your account, User profile, and any User Content, for any reason at any time. The CLIC Network may also in its sole discretion and at any time discontinue providing access to The CLIC Network, or any part thereof, with or without notice. You agree that any termination of your access to The CLIC Network or any account you may have or portion thereof may be effected without prior notice, and you agree that The CLIC Network will not be liable to you or any third party for any such termination.
Any suspected fraudulent, abusive or illegal activity may be referred to appropriate law enforcement authorities. These remedies are in addition to any other remedies The CLIC Network may have at law or in equity. Upon termination for any reason, you agree to immediately stop using The CLIC Network, any accompanying documentation, and all other associated materials. Your only remedy with respect to any dissatisfaction with (i) The CLIC Network, (ii) any term of this Agreement, (iii) any policy or practice of The CLIC Network in operating The CLIC Network, or (iv) any content or information transmitted through The CLIC Network, is to terminate this Agreement and your account. You may terminate this Agreement at any time by discontinuing use of any and all parts of The CLIC Network.
You agree to indemnify The CLIC Network, its affiliated companies, contractors, employees, agents and its third-party suppliers, licensors, and partners from any claims, losses, damages, liabilities, including legal fees and expenses, arising out of your use or misuse of The CLIC Network, any violation by you of this Agreement, or any breach of the representations, warranties, and covenants made by you herein. The CLIC Network reserves the right, at your expense, to assume the exclusive defense and control of any matter for which you are required to indemnify The CLIC Network, and you agree to cooperate with The CLIC Network's defense of these claims. Upon notice of any impending claim, action or proceeding, The CLIC Network will use reasonable efforts to notify of any indemnification obligation.
DISCLAIMER OF WARRANTIES
THE CLIC NETWORK, ITS SUPPLIERS, LICENSORS, AFFILIATES, AND PARTNERS DO NOT WARRANT OR MAKE ANY REPRESENTATIONS REGARDING THE USE OR THE RESULTS OF THE USE OF THE CLIC NETWORK OR ANY LINKED SITES IN TERMS OF CORRECTNESS, ACCURACY, RELIABILITY, OR OTHERWISE. YOU UNDERSTAND AND AGREE THAT YOU USE, ACCESS, DOWNLOAD, OR OTHERWISE OBTAIN INFORMATION, MATERIALS, OR DATA THROUGH THE CLIC NETWORK OR ANY LINKED SITES AT YOUR OWN DISCRETION AND RISK, AND THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY LOSS AS A RESULT OF INACCURACY, INCLUDING, BUT NOT LIMITED TO, COLLEGE APPLICATION DATES AND OTHER RELATED DEADLINES, AS WELL AS DAMAGE TO YOUR PROPERTY (INCLUDING YOUR COMPUTER SYSTEM) OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OR USE OF SUCH MATERIAL OR DATA.
NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM THE CLIC NETWORK OR THROUGH THE CLIC NETWORK WILL CREATE ANY WARRANTY NOT EXPRESSLY STATED HEREIN. YOU EXPRESSLY ACKNOWLEDGE THAT THIS DISCLAIMER INCLUDES THE CLIC NETWORK'S OFFICERS, DIRECTORS, EMPLOYEES, SHAREHOLDERS, AGENTS, LICENSORS AND SUBCONTRACTORS. YOU EXPRESSLY AGREE THAT THE USE OF THE CLIC NETWORK SERVICE IS AT YOUR SOLE RISK.
THE CLIC NETWORK SERVICE AND ANY DATA, INFORMATION, THIRD-PARTY SOFTWARE, USER CONTENT, LINKED SITES, PRODUCTS, SERVICES, OR APPLICATIONS MADE AVAILABLE IN CONJUNCTION WITH OR THROUGH THE CLIC NETWORK ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE", "WITH ALL FAULTS" BASIS AND WITHOUT WARRANTIES OR REPRESENTATIONS OF ANY KIND EITHER EXPRESS OR IMPLIED. THE CLIC NETWORK, ITS SUPPLIERS, LICENSORS, AFFILIATES, AND PARTNERS DO NOT WARRANT THAT THE DATA, USER CONTENT, OR ANY OTHER PRODUCTS, SERVICES OR APPLICATIONS OFFERED ON OR THROUGH THE CLIC NETWORK SERVICE OR ANY LINKED SITES WILL BE UNINTERRUPTED, OR FREE OF ERRORS, VIRUSES OR OTHER HARMFUL COMPONENTS AND DO NOT WARRANT THAT ANY OF THE FOREGOING WILL BE CORRECTED.
THE CLIC NETWORK, AND ITS AFFILIATES, PARTNERS, LICENSORS AND SUPPLIERS DISCLAIM ALL WARRANTIES, STATUTORY, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT OF PROPRIETARY RIGHTS.
Limitation of Liability and Damages
UNDER NO CIRCUMSTANCES, INCLUDING, BUT NOT LIMITED TO, NEGLIGENCE, WILL THE CLIC NETWORK OR ITS AFFILIATES, CONTRACTORS, EMPLOYEES, AGENTS, OR THIRD-PARTY PARTNERS, LICENSORS, OR SUPPLIERS BE LIABLE FOR ANY SPECIAL, INDIRECT, INCIDENTAL, CONSEQUENTIAL, PUNITIVE, RELIANCE, OR EXEMPLARY DAMAGES (INCLUDING WITHOUT LIMITATION LOST BUSINESS, LOST REVENUES OR LOSS OF ANTICIPATED PROFITS OR ANY OTHER PECUNIARY OR NON-PECUNIARY LOSS OR DAMAGE OF ANY NATURE WHATSOEVER) ARISING OUT OF OR RELATING TO THIS AGREEMENT OR THAT RESULT FROM YOUR USE OR YOUR INABILITY TO USE THE CLIC NETWORK OR ANY LINKED SITES, OR ANY OTHER INTERACTIONS WITH THE CLIC NETWORK OR OTHER CLIC NETWORK USERS, EVEN IF THE CLIC NETWORK OR A CLIC NETWORK-AUTHORIZED REPRESENTATIVE HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
APPLICABLE LAW MAY NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY OR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU. IN SUCH CASES, THE CLIC NETWORK'S LIABILITY WILL BE LIMITED TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW. IN NO EVENT WILL THE CLIC NETWORK OR ITS AFFILIATES, CONTRACTORS, EMPLOYEES, AGENTS, OR THIRD-PARTY PARTNERS, LICENSORS, OR SUPPLIERS TOTAL LIABILITY TO YOU FOR ALL DAMAGES, LOSSES, AND CAUSES OF ACTION ARISING OUT OF OR RELATING TO THESE TERMS OR YOUR USE OF THE CLIC NETWORK'S SERVICE OR YOUR INTERACTIONS WITH THE CLIC NETWORK OR OTHER CLIC NETWORK USERS (WHETHER IN CONTRACT, TORT INCLUDING NEGLIGENCE, WARRANTY, OR OTHERWISE), EXCEED THE AMOUNT PAID BY YOU, IF ANY, FOR ACCESS TO OR USE OF THE CLIC NETWORK DURING THE TWELVE (12) MONTHS IMMEDIATELY PRECEDING THE DATE OF THE CLAIM OR ONE HUNDRED DOLLARS, WHICHEVER IS GREATER.
THESE LIMITATIONS OF LIABILITY ALSO APPLY WITH RESPECT TO DAMAGES INCURRED BY YOU BY REASON OF ANY PRODUCTS OR SERVICES SOLD OR PROVIDED ON ANY LINKED SITES OR OTHERWISE BY THIRD PARTIES OTHER THAN THE CLIC NETWORK AND RECEIVED THROUGH OR ADVERTISED ON THE CLIC NETWORK OR RECEIVED THROUGH ANY LINKED SITES.
YOU ACKNOWLEDGE AND AGREE THAT THE CLIC NETWORK HAS OFFERED ITS SERVICES, SET ITS PRICES, AND ENTERED INTO THESE TERMS IN RELIANCE UPON THE WARRANTY DISCLAIMERS AND THE LIMITATIONS OF LIABILITY SET FORTH HEREIN, THAT THE WARRANTY DISCLAIMERS AND THE LIMITATIONS OF LIABILITY SET FORTH HEREIN REFLECT A REASONABLE AND FAIR ALLOCATION OF RISK BETWEEN YOU AND THE CLIC NETWORK, AND THAT THE WARRANTY DISCLAIMERS AND THE LIMITATIONS OF LIABILITY SET FORTH HEREIN FORM AN ESSENTIAL BASIS OF THE BARGAIN BETWEEN YOU AND THE CLIC NETWORK. THE CLIC NETWORK WOULD NOT BE ABLE TO PROVIDE THE CLIC NETWORK TO YOU ON AN ECONOMICALLY REASONABLE BASIS WITHOUT THESE LIMITATIONS.
CERTAIN JURISDICTIONS DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES OR THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES. IF YOU RESIDE IS SUCH A JURISDICTION, SOME OR ALL OF THE ABOVE DISCLAIMERS, EXCLUSIONS, OR LIMITATIONS MAY NOT APPLY TO YOU, AND YOU MAY HAVE ADDITIONAL RIGHTS. THE LIMITATIONS OR EXCLUSIONS OF WARRANTIES, REMEDIES OR LIABILITY CONTAINED IN THIS TERMS OF SERVICE APPLY TO YOU TO THE FULLEST EXTENT SUCH LIMITATIONS OR EXCLUSIONS ARE PERMITTED UNDER THE LAWS OF THE JURISDICTION WHERE YOU ARE LOCATED.
YOU AND THE CLIC NETWORK AGREE THAT ANY CAUSE OF ACTION ARISING OUT OF OR RELATED TO THE CLIC NETWORK SERVICE MUST COMMENCE WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION ACCRUES. OTHERWISE, SUCH CAUSE OF ACTION IS PERMANENTLY BARRED.
Miscellaneous
The failure of The CLIC Network to exercise or enforce any right or provision of this Agreement will not constitute a waiver of such right or provision. Any waiver of any provision of the Agreement will be effective only if in writing and signed by The CLIC Network.
If any provision of this Agreement is held to be unlawful, void, or for any reason unenforceable, then that provision will be limited or eliminated from this Agreement to the minimum extent necessary and will not affect the validity and enforceability of any remaining provisions.
This Agreement and any rights and licenses granted hereunder, may not be transferred or assigned by you, but may be assigned by The CLIC Network without restriction. Any assignment attempted to be made in violation of this Agreement shall be void.
Upon termination of this Agreement, any provision which, by its nature or express terms should survive, will survive such termination or expiration.
The heading references herein are for convenience purposes only, do not constitute a part of this Agreement, and will not be deemed to limit or affect any of the provisions hereof. This is the entire agreement between you and The CLIC Network relating to the subject matter herein and will not be modified except in writing, signed by both parties, or by a change to this Agreement made by The CLIC Network as set forth above.
Complete Agreement
This Agreement, and any and all amendments and referenced policies, constitutes the complete, final and exclusive embodiment of the entire agreement between you and The CLIC Network with regard to your use of The CLIC Network and all of the services, CLIC Content, User Content, text, graphics, audio, video or other information offered therein (with the exception of additional Agreements which may be entered from time to time with Sponsors and which may incorporate this Agreement).
It is entered into without reliance on any promise or representation, written or oral, other than those expressly contained herein, and it supersedes any other warranties or representations and any other written or oral statements concerning your rights and obligations with respect to The CLIC Network, its predecessors or successors in interest.
If you agree to be bound by this Agreement, including the CLIC Copyright Policy and the CLIC Privacy Policy, please indicate by clicking "I AGREE".
Thank you.
The CLIC Network the next generation web site in online interaction: goal networking-utilizing social networking, mobile technology, video, email, instant messaging, database and content aggregating capabilities designed to help students age 13 and over prepare for, apply to, attend and graduate from four-year, bachelor-degree-granting universities in the United States.
Our objective is to: 1) provide all participants in the college experience (students, families, counselors and educators, admissions officers, scholarship and community organizations and more) with a single, centralized source to reach their collegiate goals, and; 2) give colleges and scholarship and community organizations direct access to the exact students they seek in one, central location.
Achieving our goal requires The CLIC Network and its users to agree to all of the following terms and conditions in this Terms of Service/User Agreement ("Agreement") between The CLIC Network and related services, applications, domains and offered and you, either an individual of at least 13 years of age or a single entity ("You", "User", "Member" or, collectively, "Users"), regarding your use of The CLIC Network. We know-it's a lot of words, but without this Agreement, we can't provide you with our exceptional network of students, colleges, secondary schools, scholarship and community groups, families and sponsors to assist every student in America in reaching their dream of a college education.
You Are Entering Into a Legally Binding Contract
By using The CLIC Network, you agree to be bound by this Agreement, whether or not you are a "Visitor" (which means that You simply browse The CLIC Network web site) or a "Member" or "User" (which means that you have registered with The CLIC Network). You are only authorized to use The CLIC Network if you agree to abide by this Agreement. Please read this carefully and save it. If you do not agree with it, you should leave The CLIC Network and discontinue use of our web site immediately. If you wish to become a Member and make use of The CLIC Network, you must read this Agreement and indicate your acceptance during the registration process.
IF YOU ARE USING OR OPENING AN ACCOUNT WITH THE CLIC NETWORK ON BEHALF OF A COMPANY, ENTITY, OR ORGANIZATION, THEN YOU REPRESENT AND WARRANT THAT YOU ARE AN AUTHORIZED REPRESENTATIVE OF THAT ORGANIZATION WITH THE AUTHORITY TO BIND SUCH ORGANIZATION TO THESE TERMS; (AND AGREE TO THESE TERMS ON BEHALF OF SUCH ORGANIZATION).
BY CLICKING THE "I AGREE" BUTTON OR BY USING THE CLIC NETWORK SERVICES, YOU AGREE TO BE BOUND BY THIS AGREEMENT AND REPRESENT THAT YOU ARE AT LEAST 13 YEARS OF AGE AND HAVE NOT BEEN PREVIOUSLY SUSPENDED OR REMOVED FROM THE CLIC NETWORK.
Who are "We?"
TheCLICNetwork.com, TheCLIC.net, and all related web sites and offline publications are wholly owned and operated by The CLIC, Inc., a California corporation, headquartered at 14622 Ventura Blvd. #333, Sherman Oaks, CA 91403. Throughout this Agreement, any reference to we, us, our, The CLIC, CLIC, TheCLIC.net or The CLIC Network shall mean The CLIC, Inc. and all its affiliated entities, services and web sites.
Who are "You?"
To join The CLIC Network, you must be one of the following:
Students: A student, over the age of 13, currently enrolled in secondary school (high school, middle school or junior high) or college, or in the process of applying to college;
Colleges: A four-year, bachelor-degree-granting college and/or university in the United States that has registered with The CLIC Network through an authorized administrative representative and have been verified for membership;
Secondary Schools: A High school, middle school or junior high school that is registered with The CLIC Network through an authorized administrative representative and has been verified for membership;
Community Groups: A 501(c)(3) organization that has been in operation for at least one year and/or officially affiliated university, high school, church or government programs designed to support and promote college application, matriculation and graduation, including scholarship-granting entities;
Families: A parents, guardian or other family member who can provide at least one registered and vetted proof of student identification; or
Sponsors: An entity, whether commercial, government or university, that enters into a binding sponsorship agreement to provide content to The CLIC Network, and/or contact specific Users through The CLIC Network web site and affiliated outreach services.
Colleges, Secondary Schools, Community Groups, Families and Sponsors are never given User IDs or email addresses or any other contact information, and are only able to contact those Users who have opted to hear from them.
Privacy Policy
Use of The CLIC Network is also governed by our Privacy Policy, which is incorporated into this Agreement by this reference. All Visitors and Users must read and understand this Privacy Policy prior to using The CLIC Network.
Copyright Policy
Use of The CLIC Network is also governed by our Copyright Policy, which is incorporated into this Agreement by this reference. Any User who will be uploading content to The CLIC, whether text, graphic, audio, video, or in any other form, is required to review the Copyright Policy, and by clicking "I AGREE" below, You agree that you have done so and assent to all its terms.
Non-Commercial Use
The CLIC Network is for the personal use of Members and Users only and may not be used in connection with any commercial endeavors except those that are specifically authorized or approved by The CLIC Network. Illegal and/or unauthorized use of The CLIC Network, including collecting usernames and/or email addresses of Members by electronic or other means for the purpose of sending unsolicited email or unauthorized framing of or linking to The CLIC Network is prohibited. Commercial advertisements, affiliate links, and other forms of solicitation may be removed from profiles without notice and may result in termination of membership privileges. Appropriate legal action will be taken for any illegal or unauthorized use of The CLIC Network.
Your Obligations as a User
User ID
When you sign up to become a Member, you will also be asked to choose a User ID. For safety and privacy reasons, student users agree not to use their first, middle or last name in any portion of their User ID. Student users further agree not to use any obscene, lewd, excessively violent, harassing, sexually explicit, or racially, religiously, ethnically, sexuality-related offensive, derogatory or otherwise objectionable words in their User ID.
Password
When you sign up to become a Member, you will also be asked to choose a password. You are entirely responsible for maintaining the confidentiality of your password. You agree not to use the account, username, or password of another Member at any time or to disclose your password to any third party. You agree to notify The CLIC Network immediately if you suspect any unauthorized use of your account or access to your password. You are solely responsible for any and all use of your account, whether by you or by another User, whether authorized by you or not.
You hereby indemnify, defend, and hold The CLIC Network, our affiliates, and our officers, directors, owners, agents, information providers, licensors, and licensees (collectively, the "Indemnified Parties") harmless from and against any and all liabilities and costs, including reasonable attorneys' fees, incurred in connection with any claim arising from the use of your CLIC Network account. You shall use your best efforts to cooperate with us in the defense of any claim. We reserve the right to assume the exclusive defense and control of any matter otherwise subject to indemnification by you.
Profile Information
You agree that all information you provide to The CLIC Network on registration and at all other times will be true, accurate, current, and complete. You also agree that you will ensure that this information is kept accurate and up-to-date at all times. If you have reason to believe that your account is no longer secure (e.g., in the event of a loss, theft or unauthorized disclosure or use of your account ID, password, or any credit, debit or charge card number, if applicable), then you agree to immediately notify The CLIC Network. You may be liable for the losses incurred by The CLIC Network or others due to any unauthorized use of your user account.
Please choose carefully the information you post on The CLIC Network and that you provide to other Users. Your CLIC Network profile may not include the following items: telephone numbers, street addresses, full legal names, and any photographs containing obscene, lewd, excessively violent, harassing, sexually explicit or otherwise objectionable subject matter, and the CLIC Network reserves the right to remove any information it deems inappropriate from your The CLIC Network profile. Despite this prohibition, information provided by other CLIC Network Members (for instance, in their profiles) may contain inaccurate, inappropriate, offensive or explicit material, products or services, and The CLIC Network assumes no responsibility or liability for this material. If you become aware of misuse of The CLIC Network by any person or entity, please report it to us immediately at tos[AT]theclic.net.
Prohibited Conduct
YOU AGREE NOT TO COMMIT ANY ACT OF THE FOLLOWING PROHIBITED CONDUCT: br>
(i) use The CLIC Network for any purposes other than to receive or disseminate information related to the college application process, financial aid, the college or secondary school experience, or any original or appropriately licensed content, and/or to access The and Network and services as offered and intended by The CLIC Network;
(ii) make unsolicited offers, advertisements, proposals, or send junk mail or spam to other Users of The CLIC Network. This includes, but is not limited to, unsolicited advertising, promotional materials, or other solicitation material, bulk mailing of commercial advertising, chain mail, informational announcements, charity requests, and petitions for signatures;
(iii) use The CLIC Network in violation of any local, state, national, or international law, including, without limitation, laws governing intellectual property and other proprietary rights, and data protection and privacy or post, upload, or distribute any defamatory, libelous, or inaccurate User Content or other content;
(iv) defame, harass, abuse, threaten or defraud Users of The CLIC Network, or post, upload, or distribute any User Content (as defined below) or other content that is unlawful or that a reasonable person could deem to be objectionable, offensive, indecent, pornographic, harassing, threatening, embarrassing, distressing, vulgar, hateful, racially/ethnically/religiously/sexuality-related offensive, or otherwise inappropriate;
(v) collect, or attempt to collect, personal information about Users or third parties without their consent, or use the content on The CLIC Network for any commercial use, it being understood that the content available on The CLIC Network is for personal, non-commercial use only;
(vi) rent, lease, loan, sell, resell, sublicense, distribute or otherwise transfer the licenses granted herein or any Materials (as defined within this Agreement);
(vii) impersonate any person or entity, falsely claim an affiliation with any person or entity, or access The CLIC Network accounts of others without permission, forge another persons' digital signature, misrepresent the source, identity, or content of information transmitted via The CLIC Network, or perform any other similar fraudulent activity;
(viii) hack, remove, circumvent, disable, damage or otherwise interfere with security-related features of The CLIC Network or User Content, features that prevent or restrict use or copying of any content accessible through The CLIC Network, or features that enforce limitations on the use of The CLIC Network or User Content, or intentionally interfere with or damage operation of The CLIC Network or any user's enjoyment of them, by any means, including uploading or otherwise disseminating viruses, adware, spyware, worms, or other malicious code;
(ix) reverse engineer, decompile, disassemble or otherwise attempt to discover the source code of The CLIC Network or any part thereof, except and only to the extent that such activity is expressly permitted by applicable law notwithstanding this limitation;
(x) modify, adapt, translate or create derivative works based upon The CLIC Network or any part thereof, except and only to the extent that such activity is expressly permitted by applicable law notwithstanding this limitation.
User Content Posted on the CLIC
The CLIC Network does not claim any ownership rights in the proprietary photos, text, information, music, video, advertisements, listings, and other content, works of authorship, or any other materials (collectively, "User Content") that you post to The CLIC Network. You are solely responsible for the User Content that you upload, publish or display on or through The CLIC Network, or transmit to or share with other Users.
You may not post, transmit, or share User Content on The CLIC Network that you did not create or that you do not have permission to post. You understand and agree that The CLIC Network may, but is not obligated to, review our web sites and may delete or remove (without notice) any User Content in our sole discretion, for any reason or no reason, including, without limitation: User Content that, in the sole judgment of The CLIC Network, violates this Agreement, or which might be offensive, illegal, or that might violate the rights, harm, or threaten the safety of users or others. You are solely responsible at your sole cost and expense for creating backup copies and replacing any User Content you post or store on The CLIC Network or otherwise provide to The CLIC Network.
When you post User Content to The CLIC Network, you authorize and direct us to make such copies as we deem necessary in order to facilitate the posting and storage of the User Content on The CLIC Network. By posting User Content to any part of The CLIC Network, you automatically grant, and you represent and warrant that you have the right to grant, to The CLIC Network an irrevocable, perpetual, non-exclusive, transferable, fully paid, worldwide license (with the right to sublicense) to use, copy, publicly perform, publicly display, reformat, translate, excerpt (in whole or in part) and distribute such User Content for any purpose on, or in connection with, The CLIC Network or the promotion thereof, to prepare derivative works of, or incorporate into other works, such User Content, and to grant and authorize sublicenses of the foregoing in any and all media and platforms, currently known and yet to be invented, in connection with The CLIC Network. Without this license, The CLIC Network would be unable to provide its various service offerings.
You may remove your User Content from the Site at any time. If you choose to remove your User Content, the license granted above will automatically expire, however you acknowledge that The CLIC Network may retain archived copies of your User Content.
You represent and warrant that: (i) you own the User Content posted by you on or through The CLIC Network or otherwise have the right to grant the license set forth in this section, and (ii) the posting of your User Content on or through The CLIC Network does not violate the privacy rights, publicity rights, copyrights, contract rights or any other rights of any person or entity. You agree to pay for all royalties, fees, and any other monies owing any person or entity by reason of any User Content posted by you to or through The CLIC Network.
You are solely responsible for User Content that you post on or through any of The CLIC Network, and any material or information that you transmit to other Users and for your interactions with other Users. User Content is not necessarily reviewed by The CLIC Network prior to posting and does not necessarily reflect the opinions or policies of The CLIC Network. The CLIC Network makes no warranties, express or implied, as to User Content or to the accuracy and reliability of User Content or any material or information that you transmit to other Members.
Ownership of The CLIC Network Content
The CLIC Network contains content created by, for, and for the exclusive use of The CLIC Network ("CLIC Content"). CLIC Content is protected by copyright, trademark, patent, trade secret and other laws, and CLIC owns and retains all rights in the CLIC Content and The CLIC Network.
The CLIC Network is owned and operated by The CLIC Network. The visual interfaces, graphics, design, compilation, information, computer code (including source code or object code), products, software, services, and all other elements of The CLIC Network provided by The CLIC (the "Materials") are protected by United States copyright, trade dress, patent, and trademark laws, international conventions, and all other relevant intellectual property and proprietary rights, and applicable laws. Except for any User Content owned by Users, all Materials contained on the CLIC Service are the property of The CLIC, its subsidiaries or affiliated companies and/or third-party licensors. All trademarks, service marks, and trade names are proprietary to The CLIC or its affiliates and/or third-party licensors.
Except as expressly authorized by The CLIC, you agree not to sell, license, distribute, copy, modify, publicly perform or display, transmit, publish, edit, adapt, create derivative works from, or otherwise make unauthorized use of the Materials or the CLIC Content.
The CLIC reserves all rights not expressly granted in this Agreement.
Content Linked to The CLIC Network
You should be aware that when accessing The CLIC Network, you could be directed to other web sites that are beyond our control. There are links to other web sites from The CLIC Network that take you outside of our service. This includes, but is not limited to, links from colleges, secondary schools, community groups, advertisers, sponsors, and content partners. You acknowledge that when you activate a link to another web site, the other web site is not controlled by The CLIC Network and different terms of use and privacy policy may apply. By activating links to other web sites, you acknowledge that The CLIC Network is not responsible for those web sites. We reserve the right to disable links from third-party web sites to any CLIC Network web page or other content, although we are under no obligation to do so.
We make no representations concerning the content of web sited linked to by any of our pages located within The CLIC Network. Consequently, we cannot be held responsible for the accuracy, relevancy, copyright compliance, legality, and/or decency of material contained within The CLIC Network, listed in our search results or otherwise linked to or from The CLIC Network.
CLIC Mobile
The CLIC Network includes certain services that are available via your mobile phone, either now or at some point in the future, including, but not limited to (i) the ability to upload User Content via your mobile phone ("Mobile Uploads"), (ii) the ability to receive and reply to CLIC Network alerts and messages, to Splat and receive Splats (The CLIC Network's messaging feeds to you), ("Mobile Splats"), (iii) the ability to browse The CLIC Network from your mobile phone ("Mobile Web"), and (iv) the ability to access certain CLIC Network features through a mobile application you have downloaded and installed on your mobile phone ("Mobile Client") (collectively the "Mobile Services"). We do not currently charge for these Mobile Services. However, your carrier's normal messaging, data and other rates and fees will still apply. You should check with your carrier to find out what plans are available and how much they cost. In addition, downloading, installing, or using certain Mobile Services may be prohibited or restricted by your carrier, and not all Mobile Services may work with all carriers or devices. Therefore, you should check with your carrier to find out if the Mobile Services are available for your mobile devices, and what restrictions, if any, may be applicable to your use of such Mobile Services. By using the Mobile Services, you agree that we may communicate with you regarding The CLIC Network and our service offerings and other entities by SMS, MMS, text message or other electronic means to your mobile device and that certain information about your usage of the Mobile Services may be communicated to us.
Jurisdiction and Choice of Law
The CLIC Network is controlled and operated by The CLIC, Inc. and its parent companies, subsidiaries, and affiliates from its U.S. offices in California. We make no representation that materials on The CLIC Network are appropriate or available for use in any particular location. Those who choose to access The CLIC Network do so on their own initiative and are responsible for compliance with local laws, if and to the extent local laws are applicable. Any information or data from this site is further subject to United States export controls. You agree to comply with all export laws and restrictions and regulations of the United States Department of Commerce or other United States or other sovereign agency or authority, and not to export, or allow the export or re-export of any software, technical data or any direct product thereof in violation of any such restrictions, laws or regulations, or unless and until all required licenses and authorizations are obtained with respect to the countries specified in the applicable United States Export Administration Regulations (or any successor supplement or regulations). The transfer of certain technical data and commodities may require a license from an agency of the United States government and/or written assurances by you that you will not export such software, technical data or commodities to certain foreign countries without prior approval of such agency. Your rights under this Agreement are contingent on your compliance with this provision.
No information or data from The CLIC Network may be downloaded or otherwise exported or re-exported (i) into (or to a national or resident of) Cuba, Libya, North Korea, Iran, Syria, or any other country to which the U.S. has embargoed goods; or (ii) to anyone on the U.S. Treasury Department's list of Specially Designated Nationals or the U.S. Commerce Department's Table of Deny Orders. By downloading or using the information or data, you represent and warrant that you are not located in, under the control of, or a national or resident of any such country or on any such list or otherwise in violation of export control laws or regulations.
These terms and conditions of use shall be governed by and construed in accordance with the laws of the State of California and the laws of the United States, without giving effect to any principles of conflicts of law. For Users residing outside the United States of America and using The CLIC Network in another territory, any dispute or claim arising out of or in connection with this Agreement or your use of The CLIC Networks shall be finally settled by binding arbitration in Los Angeles, California under the Rules of Arbitration of the International Chamber of Commerce by three arbitrator(s) appointed in accordance with said rules; judgment on the award rendered by these arbitrators may be entered in any court having jurisdiction thereof. The parties agree that this arbitration is the exclusive remedy for any disputes. For Users residing inside the United States of America and using The CLIC Network in the United States, you agree that any action at law or in equity arising out of or relating to this Agreement or The CLIC Network as an entity will be filed only in the state or federal courts in and for Los Angeles County, California, and you hereby consent and submit to the personal and exclusive jurisdiction of such courts for the purposes of litigating any such action.
Amendment
We reserve the right, at our sole discretion, to amend, change, modify, add, and/or delete portions of these terms and conditions of use in this Agreement at any time. In the event that we do so, we will notify you of any such change, modification, addition, and/or deletion by sending you an email at the last email address that you provided us, and/or by prominently posting notice of the any such change, modification, addition, and/or deletion on The CLIC Network sites covered by these terms and conditions of use. Any such change, modification, addition, or deletion will be effective upon the earlier of ten (10) calendar days following our dispatch of an email notice to you or thirty (30) calendar days following our posting of such notice on The CLIC Network sites covered by these terms and conditions of use. Please note that, at all times, you are responsible for updating your personal information to provide us your current email address. In the event that the last email address that you have provided us is not valid, or for any other reason is not capable of delivering to you the notice described above, our dispatch of the email containing such notice will nonetheless constitute effective notice of the changes, modifications, additions, and/or deletions described in the notice. Your continued the use of The CLIC Network following the delivery of such notice will constitute assent to any and all changes to the Agreement.
Termination; Violations; Indemnification
You agree that The CLIC Network, in its sole discretion, and without penalty, may terminate or suspend any account hosted by, or your use of, The CLIC Network and remove and discard all or any part of your account, User profile, and any User Content, for any reason at any time. The CLIC Network may also in its sole discretion and at any time discontinue providing access to The CLIC Network, or any part thereof, with or without notice. You agree that any termination of your access to The CLIC Network or any account you may have or portion thereof may be effected without prior notice, and you agree that The CLIC Network will not be liable to you or any third party for any such termination.
Any suspected fraudulent, abusive or illegal activity may be referred to appropriate law enforcement authorities. These remedies are in addition to any other remedies The CLIC Network may have at law or in equity. Upon termination for any reason, you agree to immediately stop using The CLIC Network, any accompanying documentation, and all other associated materials. Your only remedy with respect to any dissatisfaction with (i) The CLIC Network, (ii) any term of this Agreement, (iii) any policy or practice of The CLIC Network in operating The CLIC Network, or (iv) any content or information transmitted through The CLIC Network, is to terminate this Agreement and your account. You may terminate this Agreement at any time by discontinuing use of any and all parts of The CLIC Network.
You agree to indemnify The CLIC Network, its affiliated companies, contractors, employees, agents and its third-party suppliers, licensors, and partners from any claims, losses, damages, liabilities, including legal fees and expenses, arising out of your use or misuse of The CLIC Network, any violation by you of this Agreement, or any breach of the representations, warranties, and covenants made by you herein. The CLIC Network reserves the right, at your expense, to assume the exclusive defense and control of any matter for which you are required to indemnify The CLIC Network, and you agree to cooperate with The CLIC Network's defense of these claims. Upon notice of any impending claim, action or proceeding, The CLIC Network will use reasonable efforts to notify of any indemnification obligation.
DISCLAIMER OF WARRANTIES
THE CLIC NETWORK, ITS SUPPLIERS, LICENSORS, AFFILIATES, AND PARTNERS DO NOT WARRANT OR MAKE ANY REPRESENTATIONS REGARDING THE USE OR THE RESULTS OF THE USE OF THE CLIC NETWORK OR ANY LINKED SITES IN TERMS OF CORRECTNESS, ACCURACY, RELIABILITY, OR OTHERWISE. YOU UNDERSTAND AND AGREE THAT YOU USE, ACCESS, DOWNLOAD, OR OTHERWISE OBTAIN INFORMATION, MATERIALS, OR DATA THROUGH THE CLIC NETWORK OR ANY LINKED SITES AT YOUR OWN DISCRETION AND RISK, AND THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY LOSS AS A RESULT OF INACCURACY, INCLUDING, BUT NOT LIMITED TO, COLLEGE APPLICATION DATES AND OTHER RELATED DEADLINES, AS WELL AS DAMAGE TO YOUR PROPERTY (INCLUDING YOUR COMPUTER SYSTEM) OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OR USE OF SUCH MATERIAL OR DATA.
NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM THE CLIC NETWORK OR THROUGH THE CLIC NETWORK WILL CREATE ANY WARRANTY NOT EXPRESSLY STATED HEREIN. YOU EXPRESSLY ACKNOWLEDGE THAT THIS DISCLAIMER INCLUDES THE CLIC NETWORK'S OFFICERS, DIRECTORS, EMPLOYEES, SHAREHOLDERS, AGENTS, LICENSORS AND SUBCONTRACTORS. YOU EXPRESSLY AGREE THAT THE USE OF THE CLIC NETWORK SERVICE IS AT YOUR SOLE RISK.
THE CLIC NETWORK SERVICE AND ANY DATA, INFORMATION, THIRD-PARTY SOFTWARE, USER CONTENT, LINKED SITES, PRODUCTS, SERVICES, OR APPLICATIONS MADE AVAILABLE IN CONJUNCTION WITH OR THROUGH THE CLIC NETWORK ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE", "WITH ALL FAULTS" BASIS AND WITHOUT WARRANTIES OR REPRESENTATIONS OF ANY KIND EITHER EXPRESS OR IMPLIED. THE CLIC NETWORK, ITS SUPPLIERS, LICENSORS, AFFILIATES, AND PARTNERS DO NOT WARRANT THAT THE DATA, USER CONTENT, OR ANY OTHER PRODUCTS, SERVICES OR APPLICATIONS OFFERED ON OR THROUGH THE CLIC NETWORK SERVICE OR ANY LINKED SITES WILL BE UNINTERRUPTED, OR FREE OF ERRORS, VIRUSES OR OTHER HARMFUL COMPONENTS AND DO NOT WARRANT THAT ANY OF THE FOREGOING WILL BE CORRECTED.
THE CLIC NETWORK, AND ITS AFFILIATES, PARTNERS, LICENSORS AND SUPPLIERS DISCLAIM ALL WARRANTIES, STATUTORY, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT OF PROPRIETARY RIGHTS.
Limitation of Liability and Damages
UNDER NO CIRCUMSTANCES, INCLUDING, BUT NOT LIMITED TO, NEGLIGENCE, WILL THE CLIC NETWORK OR ITS AFFILIATES, CONTRACTORS, EMPLOYEES, AGENTS, OR THIRD-PARTY PARTNERS, LICENSORS, OR SUPPLIERS BE LIABLE FOR ANY SPECIAL, INDIRECT, INCIDENTAL, CONSEQUENTIAL, PUNITIVE, RELIANCE, OR EXEMPLARY DAMAGES (INCLUDING WITHOUT LIMITATION LOST BUSINESS, LOST REVENUES OR LOSS OF ANTICIPATED PROFITS OR ANY OTHER PECUNIARY OR NON-PECUNIARY LOSS OR DAMAGE OF ANY NATURE WHATSOEVER) ARISING OUT OF OR RELATING TO THIS AGREEMENT OR THAT RESULT FROM YOUR USE OR YOUR INABILITY TO USE THE CLIC NETWORK OR ANY LINKED SITES, OR ANY OTHER INTERACTIONS WITH THE CLIC NETWORK OR OTHER CLIC NETWORK USERS, EVEN IF THE CLIC NETWORK OR A CLIC NETWORK-AUTHORIZED REPRESENTATIVE HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
APPLICABLE LAW MAY NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY OR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU. IN SUCH CASES, THE CLIC NETWORK'S LIABILITY WILL BE LIMITED TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW. IN NO EVENT WILL THE CLIC NETWORK OR ITS AFFILIATES, CONTRACTORS, EMPLOYEES, AGENTS, OR THIRD-PARTY PARTNERS, LICENSORS, OR SUPPLIERS TOTAL LIABILITY TO YOU FOR ALL DAMAGES, LOSSES, AND CAUSES OF ACTION ARISING OUT OF OR RELATING TO THESE TERMS OR YOUR USE OF THE CLIC NETWORK'S SERVICE OR YOUR INTERACTIONS WITH THE CLIC NETWORK OR OTHER CLIC NETWORK USERS (WHETHER IN CONTRACT, TORT INCLUDING NEGLIGENCE, WARRANTY, OR OTHERWISE), EXCEED THE AMOUNT PAID BY YOU, IF ANY, FOR ACCESS TO OR USE OF THE CLIC NETWORK DURING THE TWELVE (12) MONTHS IMMEDIATELY PRECEDING THE DATE OF THE CLAIM OR ONE HUNDRED DOLLARS, WHICHEVER IS GREATER.
THESE LIMITATIONS OF LIABILITY ALSO APPLY WITH RESPECT TO DAMAGES INCURRED BY YOU BY REASON OF ANY PRODUCTS OR SERVICES SOLD OR PROVIDED ON ANY LINKED SITES OR OTHERWISE BY THIRD PARTIES OTHER THAN THE CLIC NETWORK AND RECEIVED THROUGH OR ADVERTISED ON THE CLIC NETWORK OR RECEIVED THROUGH ANY LINKED SITES.
YOU ACKNOWLEDGE AND AGREE THAT THE CLIC NETWORK HAS OFFERED ITS SERVICES, SET ITS PRICES, AND ENTERED INTO THESE TERMS IN RELIANCE UPON THE WARRANTY DISCLAIMERS AND THE LIMITATIONS OF LIABILITY SET FORTH HEREIN, THAT THE WARRANTY DISCLAIMERS AND THE LIMITATIONS OF LIABILITY SET FORTH HEREIN REFLECT A REASONABLE AND FAIR ALLOCATION OF RISK BETWEEN YOU AND THE CLIC NETWORK, AND THAT THE WARRANTY DISCLAIMERS AND THE LIMITATIONS OF LIABILITY SET FORTH HEREIN FORM AN ESSENTIAL BASIS OF THE BARGAIN BETWEEN YOU AND THE CLIC NETWORK. THE CLIC NETWORK WOULD NOT BE ABLE TO PROVIDE THE CLIC NETWORK TO YOU ON AN ECONOMICALLY REASONABLE BASIS WITHOUT THESE LIMITATIONS.
CERTAIN JURISDICTIONS DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES OR THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES. IF YOU RESIDE IS SUCH A JURISDICTION, SOME OR ALL OF THE ABOVE DISCLAIMERS, EXCLUSIONS, OR LIMITATIONS MAY NOT APPLY TO YOU, AND YOU MAY HAVE ADDITIONAL RIGHTS. THE LIMITATIONS OR EXCLUSIONS OF WARRANTIES, REMEDIES OR LIABILITY CONTAINED IN THIS TERMS OF SERVICE APPLY TO YOU TO THE FULLEST EXTENT SUCH LIMITATIONS OR EXCLUSIONS ARE PERMITTED UNDER THE LAWS OF THE JURISDICTION WHERE YOU ARE LOCATED.
YOU AND THE CLIC NETWORK AGREE THAT ANY CAUSE OF ACTION ARISING OUT OF OR RELATED TO THE CLIC NETWORK SERVICE MUST COMMENCE WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION ACCRUES. OTHERWISE, SUCH CAUSE OF ACTION IS PERMANENTLY BARRED.
Miscellaneous
The failure of The CLIC Network to exercise or enforce any right or provision of this Agreement will not constitute a waiver of such right or provision. Any waiver of any provision of the Agreement will be effective only if in writing and signed by The CLIC Network.
If any provision of this Agreement is held to be unlawful, void, or for any reason unenforceable, then that provision will be limited or eliminated from this Agreement to the minimum extent necessary and will not affect the validity and enforceability of any remaining provisions.
This Agreement and any rights and licenses granted hereunder, may not be transferred or assigned by you, but may be assigned by The CLIC Network without restriction. Any assignment attempted to be made in violation of this Agreement shall be void.
Upon termination of this Agreement, any provision which, by its nature or express terms should survive, will survive such termination or expiration.
The heading references herein are for convenience purposes only, do not constitute a part of this Agreement, and will not be deemed to limit or affect any of the provisions hereof. This is the entire agreement between you and The CLIC Network relating to the subject matter herein and will not be modified except in writing, signed by both parties, or by a change to this Agreement made by The CLIC Network as set forth above.
Complete Agreement
This Agreement, and any and all amendments and referenced policies, constitutes the complete, final and exclusive embodiment of the entire agreement between you and The CLIC Network with regard to your use of The CLIC Network and all of the services, CLIC Content, User Content, text, graphics, audio, video or other information offered therein (with the exception of additional Agreements which may be entered from time to time with Sponsors and which may incorporate this Agreement).
It is entered into without reliance on any promise or representation, written or oral, other than those expressly contained herein, and it supersedes any other warranties or representations and any other written or oral statements concerning your rights and obligations with respect to The CLIC Network, its predecessors or successors in interest.
If you agree to be bound by this Agreement, including the CLIC Copyright Policy and the CLIC Privacy Policy, please indicate by clicking "I AGREE".
Thank you.