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Click2Sell®

Terms of Service


Last updated on September 14th, 2016

Please read these Terms of Service ("Terms") carefully before agreeing to use the www.click2sell.com website ("Website") and the service accessible through the Website (the "Service") operated by Click2Sell, LLC ("Click2Sell", "us", "we", or "our").

Your access to and use of the Service is conditioned upon your acceptance of and compliance with these Terms. These Terms apply to all visitors, users and others who wish to access or use the Service.

By accessing or using the Service you agree to be bound by these Terms. If you disagree with any part of these terms then you do not have permission to access the Service.

1. Accounts

When you create an account with us, you guarantee that you are above the age of 18, and that the information you provide us is accurate, complete, and current at all times. Inaccurate, incomplete, or obsolete information may result in the immediate termination of your account on the Service.

You are responsible for maintaining the confidentiality of your account and password, including but not limited to the restriction of access to your computer and/or account. You agree to accept responsibility for any and all activities or actions that occur under your account and/or password, whether your password is with our Service or a third-party service. You must notify us immediately upon becoming aware of any breach of security or unauthorized use of your account. You also agree to ensure that you exit from your account at the end of each session. You should use particular caution when accessing your account from a public or shared computer so that others are not able to view or record your password or other personal information.

You may not use as a username the name of another person or entity that is not lawfully available for use, a name or trademark that is subject to any rights of another person or entity other than you, without appropriate authorization. You may not use as a username any name that is offensive, vulgar or obscene.

We reserve the right to refuse service, terminate accounts, remove or edit content in our sole discretion.

2. Authorization Limitations and Restrictions

You shall not, and shall not permit any other person to, access or use the Service or materials made available through the Service (the “Materials”) except as expressly permitted by these Terms. For purposes of clarity and without limiting the generality of the foregoing, except as expressly permitted by this Agreement, you shall not

(a) copy, modify or create derivative works or improvements of the Service or Materials;

(b) rent, lease, lend, sell, sublicense, assign, distribute, publish, transfer or otherwise make available the Service or Materials to any person, including on or in connection with the internet or any time-sharing, service bureau, software as a service, cloud or other technology or service;

(c) reverse engineer, disassemble, decompile, decode, adapt or otherwise attempt to derive or gain access to the source code of the Service or Materials, in whole or in part;

(d) bypass or breach any security device or protection used by the Service or Materials or access or use the Service or Materials other than by your own use of your then valid access credentials;

(e) input, upload, transmit or otherwise provide to or through the Service any information or materials that are unlawful or injurious, or contain, transmit or activate any harmful code;

(f) damage, destroy, disrupt, disable, impair, interfere with or otherwise impede or harm in any manner the Service, our systems or out provision of services to any third party, in whole or in part;

(g) remove, delete, alter or obscure any trademarks, specifications, documentation, warranties or disclaimers, or any copyright, trademark, patent or other intellectual property or proprietary rights notices from the Service or any Materials, including any copy thereof;

(h) access or use the Service or Materials in any manner or for any purpose that infringes, misappropriates or otherwise violates any Intellectual Property Right or other right of any third party, or that violates any applicable Law;

(i) access or use the Service or Materials for purposes of competitive analysis of the Service or Materials, the development, provision or use of a competing software service or product or any other purpose that is to the Provider's detriment or commercial disadvantage; or

(k) otherwise access or use the Service or Materials beyond the scope of the authorization granted hereunder.

3. Prohibited Content

In addition to the restrictions above, you are prohibited from using the Service to send

  • Pornography or other sexually explicit Emails
  • Emails offering to sell illegal goods or services
  • Emails that violate CAN-SPAM (U.S.A.) or CASL (Canada)
4. User Contributions

The Website may contain user reviews, message boards, chat rooms, personal web pages or profiles, forums, bulletin boards, and other interactive features (collectively, "Interactive Services") that allow users to post, submit, publish, display or transmit to other users or other persons (hereinafter, "post") content or materials (collectively, "User Contributions") on or through the Website.

  • All User Contributions must comply with the standards set out in these Terms.
  • Any User Contribution you post to the site will be considered non-confidential and non-proprietary. By providing any User Contribution on the Website, you grant us and our affiliates and service providers, licensees, successors and assigns the right to use, reproduce, modify, perform, display, distribute and otherwise disclose to third parties any such material for any purpose.

You represent and warrant that:

  • You own or control all rights in and to the User Contributions and have the right to grant the license granted above to us and [our affiliates and service providers, and each of their and] our [respective] licensees, successors and assigns.
  • All of your User Contributions do and will comply with these Terms.

You understand and acknowledge that you are responsible for any User Contributions you submit or contribute, and you, not the Company, have fully responsibility for such content, including its legality, reliability, accuracy and appropriateness.

We are not responsible, or liable to any third party, for the content or accuracy of any User Contributions posted by you or any other user of the Website.

5. Our Intellectual Property Rights

The Service and the Website, and their collective entire contents, structure, infrastructure, architecture, features and functionality (including but not limited to all information, written content, software, text, displays, images, video and audio, and the design, selection and arrangement thereof), are owned by us, our licensors or other providers of such material and are protected by United States and international copyright, trademark, patent, trade secret and other intellectual property or proprietary rights laws.

You are permitted to use the Service for your commercial use consistent with these Terms. You must not reproduce, distribute, modify, create derivative works of, publicly display, publicly perform, republish, download, store or transmit any of the materials made available on or through the Service, except (i) your computer may temporarily store copies of such materials in RAM incidental to your accessing and viewing those materials, and (ii) you may store files that are automatically cached by your Web browser for display enhancement purposes.

You must not (i) modify copies of any materials from this site or (ii) delete or alter any copyright, trademark or other proprietary rights notices from copies of materials from this site.

No right, title or interest in or to the Website or Service or any content on the Website or generated Email messages are transferred to you, and all rights not expressly granted are reserved by us. Any use of the Website, Email or Service not expressly permitted by these Terms is a breach of these Terms and may violate copyright, trademark and other laws.

The foregoing notwithstadning, to the extent you use images or templates provided by us, we hereby grant to you a revocable, non-exclusive, royalty-free, worldwide license to use, reproduce, publish, distribute, perform and display the images solely in connection with your use of the Site or the Products.

6. Trademarks

Our company name, the term Click2Sell, our logo and all related names, logos, product and service names, designs and slogans are trademarks of Click2Sell or our affiliates or licensors. You must not use such marks without our prior written permission. All other names, logos, product and service names, designs and slogans on the Service website are the trademarks of their respective owners.

7. Your Intellectual Property

In connection with your use of the Website or the Service, you will provide to us certain information such as contact lists (including email addresses and phone numbers of your contacts) and content (including marketing copy, photos or other images, text, PDFs, trademarks, names, logos and any other applicable content). We acknowledge your ownership rights in such contact lists and content ("Customer Information"). We will never sell or rent your Customer Information to anyone without your permission, and will never use your Customer Information for any purpose other than providing our products and services or as described herein.

You hereby grant to us a non-exclusive, royalty-free, worldwide license, with the right to sublicense, to use, reproduce, publish, distribute, perform and display the Customer Information only as required by us to offer and operate the Service.

You are solely responsible for the accuracy, quality, integrity, legality, reliability and appropriateness of all Customer Information, and you are responsible for maintaining, securing and storing all Customer Information in accordance with applicable law and any contractual obligations you may have (including this Agreement). You represent and warrant that you own or have secured all rights and interest in and to the Customer Information required for us to use the Customer Information as contemplated by this Agreement.

Notwithstanding the foregoing, you hereby grant us permission to share your Customer Information and other account information such as email and reply content, usage behavior and statistics, future data/predictions, planned communications (such as Campaigns, Cycles and Follow-ups), manager/sub-user details, and billing and payment information (collectively “Account Information”) as follows:

  1. 1. If your organization is party of a franchise system, we may share your Customer Information and Account Information with your franchisor.
  2. 2. If your organization is a subsidiary or affiliate of a larger organization, we may share your Customer Information and Account Information with your parent company.
8. Payment

You hereby agree to pay for Service in accordance with this Agreement. Pricing for the Service is listed on the publically accessible portion of the Website and is subject to change at any time, though if you have already submitted payment for a monthly package, you will have access for the month purchased at the rate then charged. If you have purchased an annual plan, we will honor the price until the end of that annual term. Your access to the Service will thereafter be charged at the new rate. Payment for Services, and any and all applicable taxes and other charges, are billed on a pre-pay monthly basis. Monthly periods are defined as thirty (30) day periods beginning on the same date as the then current term of the Service. You must provide a valid credit card at the time you sign up for the Service. Payment for the Service shall be made using a major credit card. You agree to maintain a valid and current credit card on file with Click2Sell at all times. If charges to your credit card are declined for any reason, Click2Sell reserves the right to suspend or terminate Service until you provide a valid method of payment. Suspension or termination of your Service does not relieve you of your obligation and liability to pay all accrued charges and fees, and all costs of Click2Sell associated with the collection of any past-due payment and unbilled charges for Service provided. You must notify Click2Sell in writing, at the address set forth in Section 22 of this Agreement, within seven (15) days after receiving your credit card statement if you dispute any Click2Sell charges on that statement. We will respond to your dispute in writing, within ninety (90) days after receipt of your written notice. In certain cases, Click2Sell may determine, in its sole discretion, that a full or partial refund should be issued to you. Refunds may take up to 60 days to appear on your account, and may, in Click2Sell’s sole discretion, be issued in the form of: (a) a credit toward future Service; (b) a credit issued to your credit card on file with us; and/or (c) a check issued to you via U.S. Mail. For any payment returned for nonpayment or for any credit card charge-backs, you agree to pay Click2Sell a fee of Twenty-Five Dollars ($25.00) for each such occurrence, which you and we agree is intended as a reasonable estimate of Click2Sell’s actual additional costs per such event.

9. Termination

We may terminate or suspend your account and bar access to the Service immediately, without prior notice or liability, under our sole discretion, for any reason whatsoever and without limitation, including but not limited to a breach of these Terms.

If you wish to terminate your account, you may simply discontinue using the Service and send an email to help@click2sell.com with the subject Terminate and a request in the body of the email to terminate the account. No pro-ration of fees will occur with account termination.

All provisions of these Terms which by their nature should survive termination shall survive termination, including, without limitation, ownership provisions, warranty disclaimers, indemnity and limitations of liability.

10. Links To Other Web Sites

Our Service may contain links to third party web sites or services that are not owned or controlled by Click2Sell.

We have no control over, and assume no responsibility for the content, privacy policies, or practices of any third party web sites or services. We do not warrant the offerings of any of these entities/individuals or their websites.

You acknowledge and agree that Click2Sell shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any such content, goods or services available on or through any such third party web sites or services.

We strongly advise you to read the terms and conditions and privacy policies of any third party web sites or services that you visit.

11. Links to Our Website

You may link to our homepage, provided you do so in a way that is fair and legal and does not damage our reputation or take advantage of it, but you must not establish a link in such a way as to suggest any form of association, approval or endorsement on our part.

This Website may provide certain social media features that enable you to:

  • Link from your own or certain third-party websites to certain content on this Website.
  • Send e-mails or other communications with certain content, or links to certain content, on this Website.
  • Cause limited portions of content on this Website to be displayed or appear to be displayed on your own or certain third-party websites.

You may use these features solely as they are provided by us, solely with respect to the content they are displayed with. Subject to the foregoing, you must not:

  • Establish a link from any website that is not owned by you.
  • Cause the Website or portions of it to be displayed, or appear to be displayed by, for example, framing, deep linking or in-line linking, on any other site.
  • Link to any part of the Website other than the homepage.
  • Otherwise take any action with respect to the materials on this Website that is inconsistent with any other provision of these Terms of Service.

You agree to cooperate with us in causing any unauthorized framing or linking immediately to cease. We reserve the right to withdraw linking permission without notice. We may disable all or any social media features and any links at any time without notice in our discretion.

12. Anti-Spam Policy

The Service may not be used for the sending of unsolicited bulk email messages (sometimes called "spam"). You are responsible for ensuring that your use of the Service does not generate a number of spam or other complaints in excess of industry norms. We may terminate your access to or use of the Service if we determine that your level of spam or other complaints is higher than industry norms, as determined by us in our sole discretion. As a matter of privacy, we will not share with you information about those recipients who complain about your use of the Service or file a spam report against you.

You agree to import, access or otherwise use only contact lists in connection with the Service for which all listed parties have consented to receive correspondence from you.

We reserve the right without notice to take all measures of any nature (whether legal, technical or otherwise) to prevent unsolicited bulk email and/or other unauthorized email, messages or campaigns from entering, utilizing or remaining within our network.

13. Legal Compliance with Anti-Spam Legislation

Depending on where you operate, you may be subject to anti-spam laws, rules and regulations in force in certain countries, such as the CAN-SPAM Act of 2003 in the United States (the “CAN-SPAM Act”) or Canada’s Anti-Spam Legislation (“CASL”). It is your responsibility to determine whether you are subject to anti-spam legislation, and if you are, to be compliant with said legislation. Click2Sell shall in no way be held responsible for your violation of any anti-spam law which may be applicable to you, and may terminate your account for violation(s) of said laws.

Any email mail message sent by you using the Service shall comply with the following: (i) the "from" line of any email message sent by you using the Service will accurately and in a non-deceptive manner identify your organization, your product or your service, (ii) the "subject" line of any email message sent by you using the Service will not contain any deceptive or misleading content regarding the overall subject matter of the email message, (iii) you will include your valid physical address, which, if you are located in the United States, may be a valid post office box meeting the registration requirements established by the United States Postal Service, and (iv) you will include a mechanism for the recipient to opt-out from future emails, and you will strictly honor such opt-out requests within 10 days of receipt.

You agree that you are the sole or designated "sender" (as defined in the CAN-SPAM Act) of any message sent by you using the Site or the Products. Similarly, for messages sent to Canadian email accounts, you are the sole person sending or causing or permitting the message to be sent by you using the Service (within the meaning of the CASL).

14. Relationship

No agency, partnership, joint venture, or employment is created as a result of this Agreement, and you do not have any authority of any kind to bind us in any respect whatsoever.

15. Indemnification

You agree to defend, indemnify and hold harmless Click2Sell and its licensee and licensors, and their employees, contractors, agents, officers and directors, from and against any and all claims, damages, obligations, losses, liabilities, costs or debt, and expenses (including but not limited to attorney's fees), resulting from or arising out of (a) your use and access of the Service, by you or any person using your account and password, (b) the offering, sale or performance of any goods or services offered by you through the use of the Service, and (c) a breach of these Terms.

16. Limitation Of Liability

IN NO EVENT SHALL CLICK2SELL, OR ITS DIRECTORS, EMPLOYEES, PARTNERS, AGENTS, SUPPLIERS, OR AFFILIATES, BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR PUNITIVE DAMAGES, INCLUDING WITHOUT LIMITATION, LOSS OF PROFITS, DATA, USE, GOODWILL, OR OTHER INTANGIBLE LOSSES, RESULTING FROM (A) YOUR ACCESS TO OR USE OF OR INABILITY TO ACCESS OR USE THE SERVICE; (B) ANY CONDUCT OR CONTENT OF ANY THIRD PARTY ON THE SERVICE; (C) ANY CONTENT OBTAINED FROM THE SERVICE; AND (D) UNAUTHORIZED ACCESS, USE OR ALTERATION OF YOUR TRANSMISSIONS OR CONTENT, WHETHER BASED ON WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE) OR ANY OTHER LEGAL THEORY, WHETHER OR NOT WE HAVE BEEN INFORMED OF THE POSSIBILITY OF SUCH DAMAGE, AND EVEN IF A REMEDY SET FORTH HEREIN IS FOUND TO HAVE FAILED OF ITS ESSENTIAL PURPOSE. FURTHERMORE THE AGGREGATE LIABILITY OF CLICK2SELL WILL NOT EXCEED THE TOTAL SUM ACTUALLY PAID BY YOU FOR THE SERVICE DURING THE IMMEDIATELY PRECEDING PERIOD OF TWELVE (12) CONSECUTIVE MONTHS.

17. Disclaimer of Warranty

YOUR USE OF THE SERVICE IS AT YOUR SOLE RISK. THE SERVICE IS PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS. THE SERVICE IS PROVIDED WITHOUT WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT OR COURSE OF PERFORMANCE.

CLICK2SELL, ITS SUBSIDIARIES, AFFILIATES, AND ITS LICENSORS DO NOT WARRANT THAT (A) THE SERVICE WILL FUNCTION UNINTERRUPTED, SECURE OR AVAILABLE AT ANY PARTICULAR TIME OR LOCATION; (B) ANY ERRORS OR DEFECTS WILL BE CORRECTED; (C) THE SERVICE IS FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS; (D) THE RESULTS OF USING THE SERVICE WILL MEET YOUR REQUIREMENTS; OR (E) THE QUALITY OF ANY PRODUCTS, SERVICES, INFORMATION OR OTHER MATERIAL PURCHASED OR OBTAINED BY YOU THROUGH THE SERVICE WILL MEET YOUR EXPECTATIONS.

OBTAINING ANY MATERIALS THROUGH THE USE OF THE SERVICE IS DONE AT YOUR OWN DISCRETION AND AT YOUR OWN RISK. WE SHALL HAVE NO RESPONSIBILITY FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF ANY CONTENT, MATERIALS, INFORMATION OR SOFTWARE.

18. Exclusions

Some jurisdictions do not allow the exclusion of certain warranties or the exclusion or limitation of liability for consequential or incidental damages, so the limitations above may not apply to you.

19. Governing Law

These Terms shall be governed and construed in accordance with the laws of the State of Ohio, United States, without regard to its conflict of law provisions.

Our failure to enforce any right or provision of these Terms will not be considered a waiver of those rights. If any provision of these Terms is held to be invalid or unenforceable by a court, the remaining provisions of these Terms will remain in effect. These Terms constitute the entire agreement between us regarding our Service, and supersede and replace any prior agreements we might have had between us regarding the Service.

20. Changes

We reserve the right, at our sole discretion, to modify or replace these Terms at any time. If a revision is material we will provide at least 30 days’ notice prior to any new terms taking effect. What constitutes a material change will be determined at our sole discretion.

By continuing to access or use our Service after any revisions become effective, you agree to be bound by the revised terms. If you do not agree to the new terms, you are no longer authorized to use the Service.

21. Communication with You

You agree that we may send messages to you relating to your privilege to access and use the Website or Service, or any other matter related to the Website, the Service or this Agreement. Nothing in this provision shall require or obligate us to send any notice if no notice is required or mandated elsewhere in this Agreement.

22. Contact Us

If you have any questions about these Terms, please contact us at help@click2sell.

For all legal notices, termination and/or payment and billing issues please send to:

Click2Sell
Attn: Legal
3767 Attucks Drive
Powell, OH 43065

-or-

help@click2sell.com

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