| ClickSize, Inc. Last Updated January 1, 2008 Welcome to the ClickSize website. By accessing and using the ClickSize website ("Website"), you are agreeing to the following Terms of Use. Your access to and use of the Website is subject to the terms and conditions stated in this legal notice. If you do not agree to these terms, do not access or use the Website. We encourage you to review the Terms of Use, along with our Privacy Policy as they form a binding agreement between ClickSize and you. In addition, because ClickSize may revise these Terms of Use from time to time, in our discretion, we also encourage you to check back periodically to familiarize yourself with any changes. If we make any changes or modifications, we will post the updated Terms of Use on the Website. Please note that the changes become effective immediately at the time of posting. Remember that this Terms of Use applies only to the Website and does not apply to the content of third parties. You agree to comply with all applicable laws, statutes, ordinances and regulations regarding your use of the Website. You must be at least 14 years old to use the Website. By accepting these terms through the use of this site, you are certifying that you are at least 14 years of age. All registration information provided by you will be deemed truthful. If you have any questions regarding the use of the Website please contact us through our Help Center.
1. ACCESSING AND REGISTERING ON OUR WEBSITE A. There is no cost to register on our Website or use our non-fee based services. If you are browsing through the site and have not yet registered to become a member, your use of the Website is still subject to the Terms of Use; if you do not agree to the Terms of Use, do not use the Website. Once you register with us we consider you a "member" of the ClickSize service. B. Your Information. When you register on the Website we may ask you to provide us with certain personal information about yourself including, without limitation, your name, email and zip code. We encourage you to review our Privacy Policy for clarification on how we may use your information and other information that you may provide or submit while using the Website. You agree that all your information that you provide to us or post on the Website is complete, accurate and up to date. You will notify us of any changes to your information. C. During the registration process we will ask you to create a password. Because any activities that occur under your password are your responsibility it is important for you to keep your password secure. Notify us immediately if you believe that someone has used your password without your authorization.
2. MEMBER CONDUCT A. The Website contains areas that enable members to communicate and share information, such as size profiles, blogs and other areas where you may interact with other members through posting or sharing of content. When you use any part of our website you may have the opportunity to disclose or post to publicly accessible portions of the Website, or share with other members, information and other content. Information you post on the Website and that you provide to other members will not be considered within our control. By accessing our website you agree:
3. PROPERTY RIGHTS The Website (and all of the material that it contains) is owned by ClickSize, Inc., or its third party licensors and is protected by intellectual property and other laws throughout the world. Nothing found on the Website may be copied, reproduced, republished, distributed, sold, licensed, transferred or modified without the express written permission of ClickSize. In addition, the trademarks, logos and service marks displayed on the website are the property of ClickSize or its licensors. UNAUTHORIZED USE, COPYING, REPRODUCTION, MODIFICATION, REPUBLISHING, UPLOADING, DOWNLOADING, POSTING, TRANSMITTING, DISTRIBUTING OR DUPLICATING OR ANY OTHER MISUSE OF ANY PART OF THE WEBSITE IS PROHIBITED. Nothing contained in the Terms of Use or in the materials on the Website should be construed as granting, by implication, estoppel or otherwise, any license or right to use any material in any manner without the prior written consent of ClickSize or such third party that may own the material or intellectual property displayed on this Website. In addition, use of the content or materials for any purpose not expressly permitted in the Terms of Use is prohibited.
4. AVAILABILITY OF SERVICES ClickSize has no responsibility or liability for the deletion or storage of any messages and other communications maintained or transmitted by or through our Website. We reserve the right to change our practices and policies at any time, in our sole discretion, with or without notice to you. 5. THIRD-PARTY OFFERS We may allow other companies to offer you products and services, including offers through our Website or via email. Whether or not you decide to participate in such an offer is up to you. Your participation in any of these offers, including payment and delivery of related goods or services and the terms, conditions, warranties or representations associated with such offers, is solely between you and the third-party company. You agree that ClickSize shall not be liable for any costs or damages you may incur resulting from your decision to enter such transactions.
6. FINANCIAL INFORMATION When you provide personal financial information to the retailers or service providers featured through ClickSize, the information forms part of the sales transaction that will occur on the retailer's or service provider's website and not on ClickSize. As such, the collection, storage, use, and disclosure of that financial information is controlled by that retailer or service provider. ClickSize will not be held responsible or liable for the mishandling of your financial and personal information which is controlled by another retailer or service provider.
You cannot link to our Website without our prior written consent. While our Website may have links to the websites of other companies and parties, ClickSize has no control over those websites. ClickSize is not responsible or liable for any content, advertising, products, services or other materials on or available from those websites. ClickSize is not 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 content, advertising, products, services or other materials on those websites.
You may terminate your registration at any time by contacting our Customer Service. The cancellation of your membership or ceasing all use of our Website is your only remedy with respect to any such dispute that you may have with us. We will attempt to process all cancellation requests within a reasonable time frame. If we determine, in our sole discretion, that you are not in compliance with the Terms of Use, we reserve the right to terminate your membership.
YOU UNDERSTAND AND AGREE THAT: OUR WEBSITE AND THE SERVICES PROVIDED THROUGH IT ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS. CLICKSIZE DISCLAIMS TO THE FULLEST EXTENT PERMISSIBLE BY LAW, AND YOU WAIVE, ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS, IMPLIED, OR STATUTORY, INCLUDING WITHOUT LIMITATION THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. THE FUNCTIONS, MATERIALS AND CONTENT OF THE WEBSITE ARE NOT WARRANTED TO BE UNINTERRUPTED, TIMELY, SECURE OR ERROR-FREE, AND CLICKSIZE MAKES NO WARRANTY THAT THE INFORMATION ON THE WEBSITE WILL BE ACCURATE, CURRENT OR RELIABLE OR THAT THE QUALITY OF ANY SERVICES, PRODUCTS, INFORMATION OR OTHER MATERIAL PURCHASED OR OBTAINED BY YOU THROUGH THE WEBSITE WILL MEET YOUR EXPECTATIONS. CLICKSIZE DISCLAIMS ANY RESPONSIBILITY FOR THE DELETION, FAILURE TO STORE, MISDELIVERY, OR UNTIMELY DELIVERY OF ANY INFORMATION OR MATERIAL. YOU ASSUME THE ENTIRE RISK OF LOSS AND DAMAGE DUE TO YOUR USE OF THE WEBSITE, INCLUDING BUT NOT LIMITED TO THE COST OF REPAIRS OR CORRECTIONS TO YOUR HARDWARE OR SOFTWARE. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES, AND AS A CONSEQUENCE SOME OF THE ABOVE DISCLAIMERS MAY NOT APPLY TO YOU.
YOUR USE OF THE WEBSITE IS ENTIRELY AT YOUR SOLE RISK. CLICKSIZE AND ITS SUBSIDIARIES, AFFILIATES, AND THEIR RESPECTIVE OWNERS, DIRECTORS, OFFICERS, EMPLOYEES, LICENSORS, AND AGENTS SHALL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, EXEMPLARY OR PUNITIVE DAMAGES OR LOSSES (INCLUDING WITHOUT LIMITATION LOSS OF PROFITS, GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES), WHETHER BASED IN CONTRACT, TORT, STRICT LIABILITY, OR OTHERWISE, WHICH YOU MAY INCUR IN CONNECTION WITH THE USE OF, OR INABILITY TO USE, THE WEBSITE, EVEN IF CLICKSIZE HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES OR LOSS. SOME JURISDICTIONS DO NOT ALLOW THE LIMITATION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES, AND AS A CONSEQUENCE SOME OF THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU.
You shall indemnify and hold harmless, and at ClickSize's request defend, ClickSize, its subsidiaries, and affiliates, as well as their respective directors, officers, shareholders, employees, agents and owners (each, an "Indemnified Party") from and against any and all claims, proceedings, damages, injuries, liabilities, losses, costs and expenses (including reasonable attorneys' fees, an allocation for in-house counsel, and other legal costs) arising out of your acts or omissions, including claims resulting from your use of the Website, your submission, posting or transmission of information or Content, or any breach of your obligations set forth in this agreement. You shall reimburse each Indemnified Party on demand for any costs, expenses and liabilities incurred by such Indemnified Party to which this indemnity relates.
The Terms of Use, your access and use of the Website and Services and the relationship between you and ClickSize is governed by the laws of the State of California, without giving effect to its conflict of law provisions. ClickSize and you both agree to submit to the personal and exclusive jurisdiction of the courts of the State of California. You are responsible for complying with local laws, if and to the extent local laws are applicable. Notwithstanding the foregoing, ClickSize shall have the right to commence and prosecute any legal or equitable action or proceeding before any United States or non-United States court of competent jurisdiction to obtain injunctive or other relief in ClickSize's sole discretion. Regardless of any statute or law to the contrary, any claim or cause of action by you arising out of or related to use of the Website or the Terms of Use must be filed within one (1) year after such claim or cause of action arose or be forever barred.
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