1. USE OF SITE. Visiclick grants a non-exclusive, non-transferable, and revocable license to user to use this Site subject to the terms and conditions of this Agreement. Visiclick may amend these terms and conditions from time to time without notice to User.
2. PROHIBITED CONDUCT. User agrees: (a) not to use this site to upload or distribute in any way files that contain viruses, corrupted files, or any other similar software or programs that may damage the operation of another's computer; (b) not to interfere or disrupt this site or any networks connected to this site; (c) not to use any device, software or routine or attempt to interfere with the proper functioning of this site or any transactions being offered at this site; (d) not to take any action that imposes an unreasonable or disproportionately large load on our infrastructure; (e) not to use this Site to collect or harvest personal information, including, without limitation, financial information, about other participants at this Site; and (f) not to impersonate any person or entity or falsely state or otherwise misrepresent Your affiliation with a person or entity. User agrees not to use the services, products, or downloads available at this Site for illegal purposes, and to comply with all regulations, policies and procedures of networks connected to this Site.
3. COMPLIANCE WITH LAWS. User agrees to comply with all applicable international, federal, state and local laws and regulations (including, but not limited to trade restriction laws, export laws or license requirements and laws, and laws regarding the transmission of technical data, including without limitation encryption, exported from the United States through the services available at this site) relating to any service, product, or download associated with this Site.
4. COPYRIGHTS. The trademarks, logos and service marks ("Marks") displayed on the Site are the property of Visiclick and other parties. Users are prohibited from using any Marks for any purpose without the written permission of Visiclick or such third party which may own the Marks. All information and content including any software programs available on or through the Site ("Content") is protected by copyright. Users are prohibited from modifying, copying, distributing, transmitting, displaying, publishing, selling, licensing, creating derivative works or using any Content available on or through the Site for commercial or public purposes.
5. LINKS. THIS SITE MAY PROVIDE A LINK TO OTHER SITES BY ALLOWING THE USER TO LEAVE THIS SITE TO ACCESS THIRD-PARTY MATERIAL ("LINKED SITE"). Visiclick HAS NO DISCRETION TO ALTER, UPDATE, OR CONTROL THE CONTENT ON A LINKED SITE. THE FACT THAT Visiclick HAS PROVIDED A LINK TO A SITE IS NOT AN ENDORSEMENT, AUTHORIZATION, SPONSORSHIP, OR AFFILIATION WITH RESPECT TO SUCH SITE, ITS OWNERS, OR ITS PROVIDERS. THERE ARE INHERENT RISKS IN RELYING UPON USING, OR RETRIEVING ANY INFORMATION FOUND ON THE INTERNET, AND Visiclick URGES YOU TO MAKE SURE YOU UNDERSTAND THESE RISKS BEFORE RELYING UPON, USING, OR RETRIEVING ANY SUCH INFORMATION ON A LINKED SITE.
6. NO WARRANTIES. ALL CONTENT, PRODUCTS, AND SERVICES ON THE SITE, OR OBTAINED FROM THIS SITE OR ANY LINKED SITE ARE PROVIDED TO YOU "AS IS" WITHOUT WARRANTY OF ANY KIND EITHER EXPRESS OR IMPLIED INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE, TITLE, NON-INFRINGEMENT, SECURITY OR ACCURACY.
VISICLICK DOES NOT ENDORSE AND IS NOT RESPONSIBLE FOR (A) THE ACCURACY OR RELIABILITY OF ANY OPINION, ADVICE OR STATEMENT MADE THROUGH THE SITE BY ANY PARTY OTHER THAN Visiclick, (B) ANY CONTENT PROVIDED ON LINKED SITES OR (C) THE CAPABILITIES OR RELIABILITY OF ANY PRODUCT OR SERVICE OBTAINED FROM A LINKED SITE. UNDER NO CIRCUMSTANCE WILL Visiclick BE LIABLE FOR ANY LOSS OR DAMAGE CAUSED BY A USER'S RELIANCE ON INFORMATION OBTAINED THROUGH THE SITE OR A LINKED SITE, OR USER'S RELIANCE ON ANY PRODUCT OR SERVICE OBTAINED FROM A LINKED SITE. IT IS THE RESPONSIBILITY OF THE USER TO EVALUATE THE ACCURACY, COMPLETENESS OR USEFULNESS OF ANY OPINION, ADVICE OR OTHER CONTENT AVAILABLE THROUGH THE SITE, OR OBTAINED FROM A LINKED SITE. PLEASE SEEK THE ADVICE OF PROFESSIONALS, AS APPROPRIATE, REGARDING THE EVALUATION OF ANY SPECIFIC OPINION, ADVICE, PRODUCT, SERVICE, OR OTHER CONTENT. USER AGREES THAT Visiclick, ITS AFFILIATES AND ANY OF THEIR RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES, OR AGENTS WILL NOT BE LIABLE, WHETHER IN CONTRACT, TORT, STRICT LIABILITY OR OTHERWISE, FOR ANY INDIRECT, PUNITIVE, SPECIAL, CONSEQUENTIAL, INCIDENTAL OR INDIRECT DAMAGES (INCLUDING WITHOUT LIMITATION LOST PROFITS, COST OF PROCURING SUBSTITUTE SERVICE OR LOST OPPORTUNITY) ARISING OUT OF OR IN CONNECTION WITH THE USE OF THE SITE OR A LINKED SITE, OR WITH THE DELAY OR INABILITY TO USE THE SITE OR A LINKED SITE, EVEN IF Visiclick IS MADE AWARE OF THE POSSIBILITY OF SUCH DAMAGES. THIS LIMITATION ON LIABILITY INCLUDES, BUT IS NOT LIMITED TO, THE TRANSMISSION OF ANY VIRUSES WHICH MAY INFECT A USER'S EQUIPMENT, FAILURE OF MECHANICAL OR ELECTRONIC EQUIPMENT OR COMMUNICATION LINES, TELEPHONE OR OTHER INTERCONNECT PROBLEMS, UNAUTHORIZED ACCESS, THEFT, OPERATOR ERRORS, STRIKES OR OTHER LABOR PROBLEMS OR ANY FORCE MAJEURE.
7. LIMITATION OF LIABILITY FOR USE OF THE SITE AND LINKED SITES. THE INFORMATION, SOFTWARE, PRODUCTS AND DESCRIPTIONS OF SERVICES PUBLISHED ON THE SITE OR A LINKED SITE MAY INCLUDE INACCURACIES OR TYPOGRAPHICAL ERRORS, AND Visiclick SPECIFICALLY DISCLAIMS ANY LIABILITY FOR SUCH INACCURACIES OR ERRORS. Visiclick DOES NOT WARRANT OR REPRESENT THAT THE CONTENT ON THE SITE IS COMPLETE OR UP-TO-DATE. Visiclick IS UNDER NO OBLIGATION TO UPDATE ANY CONTENT ON THE SITE. Visiclick MAY CHANGE THE CONTENT ON THE SITE AT ANY TIME WITHOUT NOTICE. Visiclick MAY MAKE IMPROVEMENTS OR CHANGES TO THE SITE AT ANY TIME.
8. PARTICIPATION IN THIRD PARTY PROMOTIONS. User agrees that any correspondence or participation with any third party, including, but not limited to an operator of a Linked Site, including the delivery of and the payment for goods and services, and any other terms, conditions, warranties or representations associated with such correspondence or promotions, are solely between User and the third party. Visiclick shall have no liability, obligation or responsibility whatsoever arising out of or in connection with any such correspondence or participation or transactions. User should be aware that Linked Sites may contain rules and regulations, privacy provisions, confidentiality provisions, transmission of personal data provisions, and other provisions that differ from the provisions provided on the Site. Visiclick is not responsible for such provisions, and expressly disclaims any and all liability related to such provisions.
10. INDEMNITY. User agrees to indemnify, defend, and hold harmless Visiclick and its shareholders, affiliates, employees, agents, successors, officers, and assigns, from any suits, losses, claims, demands, liabilities, costs and expenses (including attorney and accounting fees) that they may sustain or incur arising from any breach of any of the terms and conditions of this Agreement.
11. TERMINATION. Visiclick may, at its sole discretion, deny any User access to the Site. Visiclick reserves the right at any time and from time to time to modify or discontinue, temporarily or permanently, the services offered under this Site (or any part thereof) with or without notice. Visiclick shall not be liable to User or to any third party for any modification, suspension or discontinuance of the services offered under this Site.
12. CONTROLLING LAW. This Agreement shall be construed under the laws of the State of California, USA, without regard to conflicts of laws principles.
13. JURISDICTION AND VENUE. User and Visiclick agree to submit to the exclusive personal jurisdiction of any court of competent jurisdiction located in San Diego, California, USA in all legal proceedings arising under this Agreement, and the parties hereby submit to the jurisdiction of such court.
BY ACCESSING THIS WEB SITE OR USING ANY SERVICE PROVIDED HEREIN YOU AFFIRM THAT YOU HAVE READ THIS ENTIRE AGREEMENT AND AGREE TO ALL ITS TERMS AND CONDITIONS. IF YOU DO NOT AGREE TO ALL OF THE TERMS AND CONDITIONS SET FORTH IN THIS AGREEMENT, PLEASE EXIT THIS SITE IMMEDIATELY.