AGREEMENT: For Site Users “4 Clicks or Less Inc” TERMS AND CONDITIONS: The “4 Clicks or Less Inc” License (the "Site"), is an online information service provided by 4 Clicks or Less, Inc. (“4 Clicks or Less Inc”) and are subject to your, you the ("User"),("User Access"), compliance with the terms and conditions set forth below. These Terms and Conditions ("Agreement") are made between you and “4 Clicks or Less Inc” Please read the following information carefully before using this Site. By accessing or using this Site, you agree to be bound by the Terms of Use. If you do not agree with any of the Terms of Use below, do not access or otherwise use this (Site). “4 Clicks or Less Inc” reserves the right, in its sole discretion, to modify, alter or otherwise update these Terms of Use at any time and by continuing to use the Site after the posting of a modification, you accept the modification. The Terms of Use apply to all users of this Site “Users” "Franchisee's", and "Licensee's" will be defined as individual persons, LLC or LLP, or LP or LTD entities, Corporations, retail companies or search engine hosting sites. All may apply for use of this License. Disclaimer of Warranties and Limitation of Liability Information and products or services offered on this Site or any “4 Clicks or Less Inc” Licensed site are provided "AS IS" without any express or implied warranty of any kind, including warranties of merchantability, fitness for a particular purpose, or non-infringement. In no event will “4 Clicks or Less Inc” warrant or guaranty the correctness, comprehensiveness, completeness, accuracy, timeliness, merchantability or fitness for any particular use or purpose of any information, products, or services on this Site. ARBITRATION: WARNING THIS WAIVES CERTAIN RIGHTS YOU HAVE, PLEASE READ CAREFULLY. YOU UNDERSTAND AND AGREE THAT ARBITRATON, ACCORDING TO THE AMERICAN ARBITARATION ASSOCIATION STANDARDS, IN THE COUNTY OF HARRIS, STATE OF TEXAS IS THE ("USER'S") ONLY REDRESS, OR COURSE FOR LEGAL, OR JUDICIAL REMEDY AGAINST “4 Clicks or Less Inc” AND IT’S LICENSED, AND FRANCHISED SITES. FURTHER “4 Clicks or Less Inc”, “4 CLICKS OR LESS.COM” OR ANY OF ITS WEB SITES, WEB PORTAL SITES, PRINT OR ELECTRONIC MEDIA PRODUCT, LICENSEE'S OR FRANCHISEE'S WILL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES EVEN IF “4 Clicks or Less Inc” OR ITS LICENSED SITES HAVE BEEN ADVISED OF THE POSSIBILITY OF THOSE DAMAGES, RESULTING FROM YOUR USE OR INABILITY TO USE THE SITE, SERVICES, CONTENT OR SOFTWARE, ANY USE OR RELIANCE ON ANY LINKED SITE OR ANY OTHER MATTER RELATED TO THE SERVICES OR CONTENT IF, NOTWITHSTANDING THE ABOVE, LIABILITY IS IMPOSED ON 4 CLICKS OR LESS, THEN YOU AGREE THAT 4 CLICKS OR LESS'S TOTAL LIABILITY FOR ANY OR ALL OF YOUR LOSSES OR INJURIES FROM 4 CLICKS OR LESS'S ACTS OR OMISSIONS UNDER THIS AGREEMENT, REGARDLESS OF THE NATURE OF THE LEGAL OR EQUITABLE RIGHT CLAIMED TO HAVE BEEN VIOLATED, SHALL NOT EXCEED $100.00 U.S. DOLLARS, UNDER THIS AGREEMENT FOR THE SERVICES DURING ALL YEARS PRECEDING THE ALLEGED BREACH BY 4 CLICKS OR LESS OF THIS AGREEMENT. ADVERTISEMENT PLACEMENT: 4 Clicks or Less Inc will place Ad positioning via MONTLY BID Process. We have three different types of ad placement: Premier Ads are positioned on top of both "Standard" and "LISTING ONLY" ads. Standard ads are placed below "Premier Ads" and above "LISTING ONLY" ads. The “LISTINGS ONLY” ads are placed below the "Premier" and "Standard". In order to rise to the top of your chosen Ad Type, you may bid HIGHER than the minimum additional bid. THE BID INCREMENT IS ONE ($1.00) U.S. DOLLAR. Placement ranking for all bids will remain the same UNLESS you are outbid for the following month. Bidding can be done at any time and will be implemented within the first (3) days of the FOLLOWING MONTH. BILLING AND PAYMENT(S): Unless other payment terms are agreed to by “4 Clicks or Less Inc”, all charges for the “4 Clicks or Less Inc” and “4 Clicks or less.com” services, including subscription services, franchise fee's, pay per click fee's, service support fee's and product upgrade fee's, purchased by you or your company, firm or entity, will be immediately charged to the credit card authorized by you. All charges are exclusive of local sales, use, personal property and similar taxes, as well as Paypal Fee's, which will be paid by you. We reserve the right to change the amount of, or basis for determining, any fees or charges for services we provide, including subscription services, and to institute new fees, charges, or terms effective upon 30 day notice to you, via your registered customer email address. Confirmation of our receipt of your request will be sent back to you the customer for security purposes. FAILURE TO PAY: If payment is not made in accordance with the terms of this agreement, your advertisement will be terminated and removed from site page. Further you agree to pay all associated costs in conjunction with any overdue or outstanding debts due to “4 Clicks or Less Inc” as stipulated in this agreement. AUTOMATIC RENEWAL: Unless you the "User" notify “4 Clicks or Less Inc”, Via your customer registered email address (the email account address you gave at sign up), PRIOR to the start of the NEXT Billing cycle, your bid will be AUTOMATICALLY RENEWED at the beginning of each billing cycle (every calendar month) and you will be invoiced via Paypal. Should your cancellation notice be received AFTER the Beginning of the NEXT Billing Cycle, (First day of the Calendar Month at 10:00am CST), you will forfeit those funds without recourse. RATINGS SYSTEM: You the ("User") Agree to allow those that Use ( Accept your services in return for payment ) Your Company, Firm, Practice Etc. et al, or its Services, be ALLOWED to RATE YOUR COMPANY and SERVICES, On any and all “4 Clicks or Less Inc” products, whether in print or electronic media. “4 Clicks or Less Inc” will allow you to respond to any and all ratings that are posted about your company, firm, practice, etc. et al., And “4 clicks or Less Inc” MAY require the submitter of any negative rating to VERIFY the actual use of service , via documentation of such service, such as an invoice. In addition, “4 Clicks or Less Inc” may contact you the ("User") and obtain a response or rebuttal. The final decision to Post, or to leave a negative Rating Posted about your Company, Firm, Practice, etc, et al., is at the sole discretion of, its Licensee, or Franchisee, or “4 Clicks or Less Inc”. You the ("User") agree to forego, and hereby waive all rights to any legal recourse except ARBITRATION, as Set forth in this agreement. COPYRIGHTS, PATENTS, PATENTS PENDING, TRADEMARKS, SERVICE MARKS, OTHER INTELLECTUAL PROPERTY: You acknowledge and agree that all content on this Site is the copyrighted work of “4 Clicks or Less Inc” or it’s linked sites and is protected by copyright laws. You acknowledge that “4 Clicks or Less Inc”, the “4 Clicks or Less Inc” logo, all page headers, custom graphics, and button icons are service marks, trademarks and/or trade dress of “4 Clicks or Less Inc” and “4 Clicks or Less Inc.com”, and that all other trademarks, product names, company names or logos on the Site are the property of their respective owners. In addition to complying with all applicable laws, you agree that you will not use any such trademarks, service marks, trade dress or other logos from this Site. You acknowledge that “4 Clicks or Less Inc” has expended substantial time, effort and funds to create and deliver the services and compile the data contained herein. The services, data, and content are and will continue to be “4 Clicks or Less Inc” and /or “4 Clicks or Less Inc.com” or its third party linked site’s exclusive property regardless of account status. TERMINATION: These terms are effective until terminated by either party. You may terminate these terms at any time by contacting “4 Clicks or Less Inc” in writing stating that you wish to discontinue use of the Site. “4 Clicks or Less Inc” can terminate your access to any and all products and services obtained through the Site at any time, should you fail to comply with any term or provision of these terms. Upon termination, you must cease use of the Site and destroy all materials obtained from such site and all copies thereof, whether made under these terms or otherwise. Links to Third Parties: This Site may contain links to Licenses maintained by third parties. Such links are provided for your convenience and reference only. “4 Clicks or Less Inc” does not operate or control in any respect any information, software, products or services available on such Licenses. “4 Clicks or Less Inc” by inclusion of a link to a License site does not imply any endorsement of the services or the site, its contents, or its sponsoring organization. ENTIRE AGREEMENT: These terms and conditions, the Privacy Policy, and other policies “4 Clicks or Less Inc” may post constitute the entire agreement between “4 Clicks or Less Inc” and you in connection with your use of this Site, the services, and the content including prior versions of the terms and conditions, if applicable and they supersede all prior or contemporaneous communications, promises and proposals, whether oral, written or electronic. “4 Clicks or Less Inc” may update these terms and conditions from time to time by posting revised terms and conditions on this Site, without notice to you, and your subsequent use of the Site is governed by those new terms and conditions. The terms and conditions are effective until terminated by “4 Clicks or Less Inc” In the event of termination, the copyrights, trademarks, and intellectual property, disclaimers, limitations of liabilities, and jurisdiction provisions set forth in these terms and conditions will survive. In the event of a conflict between any other notice, policy, disclaimer or other term contained in other Sites, these terms and conditions will control. GOVERNING LAW AND SEVERABILITY: These terms and any amending terms and conditions are governed by the laws of Texas without regard to conflicts of law provisions. You hereby consent to the exclusive jurisdiction and venue of the courts in The County of Harris, State of Texas. If any provision is deemed to be unlawful or unenforceable, it will not affect the validity and enforceability of the remaining provisions. The section headings are for convenience only and do not have any force or effect. CONSUMER AUTHORIZATION FOR CREDIT REPORT: (As applicable to “4 Clicks or Less Inc” license you ordered) In order to provide you with Online Service report, “4 Clicks or Less Inc” may request and obtain a copy of your credit report from Equifax Information Services, Inc. ("Equifax"). You hereby consent to 4 Clicks or Less Inc ordering and obtaining your credit report. DETAILED BILLING REPORTS: BY ACCEPTING THE TERMS AND CONDITIONS CONTAINED HEREIN, CONSUMER HEREBY AGREES NOT TO USE THIS INFORMATION FOR UNLAWFUL PURPOSES. As this INFORMATION is compiled from individual sources, “4 Clicks or Less Inc” does not warrant the accuracy or comprehensiveness of these licensed sites. The billing report may or may not be a complete billing history. If the Billing History for the previous MONTH or MONTHS is incomplete, you the ("User") hereby authorize “4 Clicks or Less Inc” or it’s properly Licensed or Franchise Holder to make the appropriate adjustment to your account and submit for billing or refund immediately to Paypal. The data may indicate a possible history on a searched subject; confirmation on the proper identity of the subject and to obtain any additional information which may be available, refer to “4 clicks or Less.com” SITE USERS: You hereby agree to order this USER ACCESS for your person or entities, LLC or LLP, or LTD or LP, or Corporations, retail companies or search engine hosting sites may use this License. The USER ACCESS is compiled from a number of various sources, “4 Clicks or Less Inc”, does not warrant the accuracy or comprehensiveness of the records on said USER. The Licensed website may also include information associated with other websites which may be inaccurate due to various reasons, including errors by third parties. If you have any questions or concerns with the (website) please review the Frequently Asked Questions and other information available on the “4 Clicks or Less.com” website and then direct any other inquiries as instructed on the website.
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