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    TERMS OF USE AGREEMENT


    This Terms of Use Agreement (“Agreement”) constitutes a legally binding agreement made between you, whether personally or on behalf of an entity (“user” or “you”) and Clix N Hitz and its affiliated companies (collectively, “Clix N Hitz” or “we” or “us” or “our”), concerning your access to and use of the www.clixnhitz.com website as well as any other media form, media channel, mobile website or mobile application related or connected thereto (collectively, the “Website”). The Website provides the following service: Clix N Hitz is a GPT/PTC site that offers its members to earn points and cash for completing tasks. These tasks include: viewing ads, reading emails, completing surveys, and so much more. Advertisers have the opportunity to reach a members base that is eager to check out their ads, offers, or complete their surveys. This gives our advertisers even more possibilities as they are able to research what people are looking for or interested in with the surveys, and can see which ads are more effective to use other places as well. (“Clix N Hitz Services”). Supplemental terms and conditions or documents that may be posted on the Website from time to time, are hereby expressly incorporated into this Agreement by reference.

    Clix N Hitz makes no representation that the Website is appropriate or available in other locations other than where it is operated by Clix N Hitz. The information provided on the Website is not intended for distribution to or use by any person or entity in any jurisdiction or country where such distribution or use would be contrary to law or regulation or which would subject Clix N Hitz to any registration requirement within such jurisdiction or country. Accordingly, those persons who choose to access the Website from other locations do so on their own initiative and are solely responsible for compliance with local laws, if and to the extent local laws are applicable. 

    All users who are minors in the jurisdiction in which they reside (generally under the age of 18) must have the permission of, and be directly supervised by, their parent or guardian to use the Website. If you are a minor, you must have your parent or guardian read and agree to this Agreement prior to you using the Website. Persons under the age of 13 are not permitted to register for the Website or use the Clix N Hitz Services.

     

    YOU ACCEPT AND AGREE TO BE BOUND BY THIS AGREEMENT BY ACKNOWLEDGING SUCH ACCEPTANCE DURING THE REGISTRATION PROCESS (IF APPLICABLE) AND ALSO BY CONTINUING TO USE THE WEBSITE. IF YOU DO NOT AGREE TO ABIDE BY THIS AGREEMENT, OR TO MODIFICATIONS THAT Clix N Hitz MAY MAKE TO THIS AGREEMENT IN THE FUTURE, DO NOT USE OR ACCESS OR CONTINUE TO USE OR ACCESS THE Clix N Hitz SERVICES OR THE WEBSITE.


    PURCHASES; PAYMENT


    Clix N Hitz bills you through an online billing account for purchases of products and/or services. You agree to pay Clix N Hitz all charges at the prices then in effect for the products you or other persons using your billing account may purchase, and you authorize Clix N Hitz to charge your chosen payment provider for any such purchases. You agree to make payment using that selected payment method. If you have ordered a product or service that is subject to recurring charges then you consent to our charging your payment method on a recurring basis, without requiring your prior approval from you for each recurring charge until such time as you cancel the applicable product or service. Clix N Hitz reserves the right to correct any errors or mistakes in pricing that it makes even if it has already requested or received payment. Sales tax will be added to the sales price of purchases as deemed required by Clix N Hitz. Clix N Hitz may change prices at any time. All payments shall be in U.S. dollars. 


    REFUND POLICY 


    All sales are final and no refunds shall be issued.  

    All the payments done on this site by advertisers and members are completely non-refundable, however we try our best to resolve any problems occurring with them. If the payment made to Clix N Hitz gets disputed by a member or advertiser, that can lead to permanent suspension of their account.


    USER REPRESENTATIONS


    Regarding Your Registration

     

    By using the Clix N Hitz Services, you represent and warrant that:  

    A. all registration information you submit is truthful and accurate;
    B. you will maintain the accuracy of such information;
    C. you will keep your password confidential and will be responsible for all use of your password and account;
    D. you are not a minor in the jurisdiction in which you reside, or if a minor, you have received parental permission to use this Website; and
    E. your use of the Clix N Hitz Services does not violate any applicable law or regulation.  

    You also agree to: (a) provide true, accurate, current and complete information about yourself as prompted by the Website’s registration form and (b) maintain and promptly update registration data to keep it true, accurate, current and complete. If you provide any information that is untrue, inaccurate, not current or incomplete, or Clix N Hitz has reasonable grounds to suspect that such information is untrue, inaccurate, not current or incomplete, Clix N Hitz has the right to suspend or terminate your account and refuse any and all current or future use of the Website (or any portion thereof).   

    We reserve the right to remove or reclaim or change a user name you select if we determine appropriate in our discretion, such as when the user name is obscene or otherwise objectionable or when a trademark owner complains about a username that does not closely relate to a user's actual name.  


    Regarding Content You Provide


    The Website may invite you to chat or participate in blogs, message boards, online forums and other functionality and may provide you with the opportunity to create, submit, post, display, transmit, perform, publish, distribute or broadcast content and materials to Clix N Hitz and/or to or via the Website, including, without limitation, text, writings, video, audio, photographs, graphics, comments, suggestions or personally identifiable information or other material (collectively "Contributions"). Any Contributions you transmit to Clix N Hitz will be treated as non-confidential and non-proprietary. When you create or make available a Contribution, you thereby represent and warrant that:

     

    A. the creation, distribution, transmission, public display and performance, accessing, downloading and copying of your Contribution does not and will not infringe the proprietary rights, including but not limited to the copyright, patent, trademark, trade secret or moral rights of any third party;

    B. you are the creator and owner of or have the necessary licenses, rights, consents, releases and permissions to use and to authorize Clix N Hitz and the Website users to use your Contributions as necessary to exercise the licenses granted by you under this Agreement;

    C. you have the written consent, release, and/or permission of each and every identifiable individual person in the Contribution to use the name or likeness of each and every such identifiable individual person to enable inclusion and use of the Contribution in the manner contemplated by this Website;

    D. your Contribution is not obscene, lewd, lascivious, filthy, violent, harassing or otherwise objectionable (as determined by Clix N Hitz), libelous or slanderous, does not ridicule, mock, disparage, intimidate or abuse anyone, does not advocate the violent overthrow of any government, does not incite, encourage or threaten physical harm against another, does not violate any applicable law, regulation, or rule, and does not violate the privacy or publicity rights of any third party;

    E. your Contribution does not contain material that solicits personal information from anyone under 18 or exploit people under the age of 18 in a sexual or violent manner, and does not violate any federal or state law concerning child pornography or otherwise intended to protect the health or well-being of minors;

    F. your Contribution does not include any offensive comments that are connected to race, national origin, gender, sexual preference or physical handicap;

    G. your Contribution does not otherwise violate, or link to material that violates, any provision of this Agreement or any applicable law or regulation.


    CONTRIBUTION LICENSE


    By posting Contributions to any part of the Website, or making them accessible to the Website by linking your account to any of your social network accounts, you automatically grant, and you represent and warrant that you have the right to grant, to Clix N Hitz an unrestricted, unconditional, unlimited, irrevocable, perpetual, non-exclusive, transferable, royalty-free, fully-paid, worldwide right and license to host, use, copy, reproduce, disclose, sell, resell, publish, broadcast, retitle, archive, store, cache, publicly perform, publicly display, reformat, translate, transmit, excerpt (in whole or in part) and distribute such Contributions (including, without limitation, your image and voice) for any purpose, commercial, advertising, or otherwise, to prepare derivative works of, or incorporate into other works, such Contributions, and to grant and authorize sublicenses of the foregoing. The use and distribution may occur in any media formats and through any media channels. Such use and distribution license will apply to any form, media, or technology now known or hereafter developed, and includes our use of your name, Clix N Hitz name, and franchise name, as applicable, and any of the trademarks, service marks, trade names and logos, personal and commercial images you provide. Clix N Hitz does not assert any ownership over your Contributions; rather, as between us and you, subject to the rights granted to us in this Agreement, you retain full ownership of all of your Contributions and any intellectual property rights or other proprietary rights associated with your Contributions.

     

    Clix N Hitz has the right, in our sole and absolute discretion, to (i) edit, redact or otherwise change any Contributions, (ii) re-categorize any Contributions to place them in more appropriate locations or (iii) pre-screen or delete any Contributions that are determined to be inappropriate or otherwise in violation of this Agreement.

    By uploading your Contributions to the Website, you hereby authorize Clix N Hitz to grant to each end user a personal, limited, non-transferable, perpetual, non-exclusive, royalty-free, fully-paid license to access, download, print and otherwise use your Contributions for their internal purposes and not for distribution, transfer, sale or commercial exploitation of any kind.


    GUIDELINES FOR REVIEWS


    Clix N Hitz may accept, reject or remove reviews in its sole discretion. Clix N Hitz has absolutely no obligation to screen reviews or to delete reviews, even if anyone considers reviews objectionable or inaccurate. Those persons posting reviews should comply with the following criteria: (1) reviewers should have firsthand experience with the person/entity being reviewed; (2) reviews should not contain: offensive language, profanity, or abusive, racist, or hate language; discriminatory references based on religion, race, gender, national origin, age, marital status, sexual orientation or disability; or references to illegal activity; (3) reviewers should not be affiliated with competitors if posting negative reviews; (4) reviewers should not make any conclusions as to the legality of conduct; and (5) reviewers may not post any false statements or organize a campaign encouraging others to post reviews, whether positive or negative. Reviews are not endorsed by Clix N Hitz, and do not represent the views of Clix N Hitz or of any affiliate or partner of Clix N Hitz. Clix N Hitz does not assume liability for any review or for any claims, liabilities or losses resulting from any review. By posting a review, the reviewer hereby grants to Clix N Hitz a perpetual, non-exclusive, worldwide, royalty-free, fully-paid, assignable and sublicensable license to Clix N Hitz to reproduce, modify, translate, transmit by any means, display, perform and/or distribute all content relating to reviews.


    SOCIAL MEDIA


    As part of the functionality of the Website, you may link your account with online accounts you may have with third party service providers (each such account, a “Third Party Account”) by either: (i) providing your Third Party Account login information through the Website; or (ii) allowing Clix N Hitz to access your Third Party Account, as is permitted under the applicable terms and conditions that govern your use of each Third Party Account. You represent that you are entitled to disclose your Third Party Account login information to Clix N Hitz and/or grant Clix N Hitz access to your Third Party Account (including, but not limited to, for use for the purposes described herein), without breach by you of any of the terms and conditions that govern your use of the applicable Third Party Account and without obligating Clix N Hitz to pay any fees or making Clix N Hitz subject to any usage limitations imposed by such third party service providers. By granting Clix N Hitz access to any Third Party Accounts, you understand that (i) Clix N Hitz may access, make available and store (if applicable) any content that you have provided to and stored in your Third Party Account (the “Social Network Content”) so that it is available on and through the Website via your account, including without limitation any friend lists, and (ii) Clix N Hitz may submit and receive additional information to your Third Party Account to the extent you are notified when you link your account with the Third Party Account. Depending on the Third Party Accounts you choose and subject to the privacy settings that you have set in such Third Party Accounts, personally identifiable information that you post to your Third Party Accounts may be available on and through your account on the Website. Please note that if a Third Party Account or associated service becomes unavailable or Clix N Hitz’s access to such Third Party Account is terminated by the third party service provider, then Social Network Content may no longer be available on and through the Website. You will have the ability to disable the connection between your account on the Website and your Third Party Accounts at any time. PLEASE NOTE THAT YOUR RELATIONSHIP WITH THE THIRD PARTY SERVICE PROVIDERS ASSOCIATED WITH YOUR THIRD PARTY ACCOUNTS IS GOVERNED SOLELY BY YOUR AGREEMENT(S) WITH SUCH THIRD PARTY SERVICE PROVIDERS. Clix N Hitz makes no effort to review any Social Network Content for any purpose, including but not limited to, for accuracy, legality or non-infringement, and Clix N Hitz is not responsible for any Social Network Content. You acknowledge and agree that Clix N Hitz may access your e-mail address book associated with a Third Party Account and your contacts list stored on your mobile device or tablet computer solely for the purposes of identifying and informing you of those contacts who have also registered to use the Website. At your request made via email to our email address listed below, or through your account settings (if applicable), Clix N Hitz will deactivate the connection between the Website and your Third Party Account and delete any information stored on Clix N Hitz’s servers that was obtained through such Third Party Account, except the username and profile picture that become associated with your account.


    SUBMISSIONS


    You acknowledge and agree that any questions, comments, suggestions, ideas, feedback or other information about the Website or the Clix N Hitz Services ("Submissions") provided by you to Clix N Hitz are non-confidential and Clix N Hitz (as well as any designee of Clix N Hitz) shall be entitled to the unrestricted use and dissemination of these Submissions for any purpose, commercial or otherwise, without acknowledgment or compensation to you.


    PROHIBITED ACTIVITIES


    You may not access or use the Website for any other purpose other than that for which Clix N Hitz makes it available. The Website may not be used in connection with any commercial endeavors except those that are specifically endorsed or approved by Clix N Hitz. Prohibited activity includes, but is not limited to:

     

    A. attempting to bypass any measures of the Website designed to prevent or restrict access to the Website, or any portion of the Website

    B. attempting to impersonate another user or person or using the username of another user

    C. criminal or tortious activity

    D. deciphering, decompiling, disassembling or reverse engineering any of the software comprising or in any way making up a part of the Website

    E. deleting the copyright or other proprietary rights notice from any Website content

    F. engaging in any automated use of the system, such as using any data mining, robots or similar data gathering and extraction tools

    G. except as may be the result of standard search engine or Internet browser usage, using or launching, developing or distributing any automated system, including, without limitation, any spider, robot (or "bot"), cheat utility, scraper or offline reader that accesses the Website, or using or launching any unauthorized script or other software

    H. harassing, annoying, intimidating or threatening any Clix N Hitz employees or agents engaged in providing any portion of the Clix N Hitz Services to you

    I. interfering with, disrupting, or creating an undue burden on the Website or the networks or services connected to the Website

    J. making any unauthorized use of the Clix N Hitz Services, including collecting usernames and/or email addresses of users by electronic or other means for the purpose of sending unsolicited email, or creating user accounts by automated means or under false pretenses

    K. selling or otherwise transferring your profile

    L. systematic retrieval of data or other content from the Website to create or compile, directly or indirectly, a collection, compilation, database or directory without written permission from Clix N Hitz

    M. tricking, defrauding or misleading Clix N Hitz and other users, especially in any attempt to learn sensitive account information such as passwords

    N. using any information obtained from the Website in order to harass, abuse, or harm another person

    O. using the Website in a manner inconsistent with any and all applicable laws and regulations  


    INTELLECTUAL PROPERTY RIGHTS


    The content on the Website (“Clix N Hitz Content”) and the trademarks, service marks and logos contained therein (“Marks”) are owned by or licensed to Clix N Hitz, and are subject to copyright and other intellectual property rights under United States and foreign laws and international conventions. Clix N Hitz Content, includes, without limitation, all source code, databases, functionality, software, website designs, audio, video, text, photographs and graphics. All Clix N Hitz graphics, logos, designs, page headers, button icons, scripts and service names are registered trademarks, common law trademarks or trade dress of Clix N Hitz in the United States and/or other countries. Clix N Hitz's trademarks and trade dress may not be used, including as part of trademarks and/or as part of domain names, in connection with any product or service in any manner that is likely to cause confusion and may not be copied, imitated, or used, in whole or in part, without the prior written permission of the Clix N Hitz.

     

    Clix N Hitz Content on the Website is provided to you “AS IS” for your information and personal use only and may not be used, copied, reproduced, aggregated, distributed, transmitted, broadcast, displayed, sold, licensed, or otherwise exploited for any other purposes whatsoever without the prior written consent of the respective owners. Provided that you are eligible to use the Website, you are granted a limited license to access and use the Website and the Clix N Hitz Content and to download or print a copy of any portion of the Clix N Hitz Content to which you have properly gained access solely for your personal, non-commercial use. Clix N Hitz reserves all rights not expressly granted to you in and to the Website and Clix N Hitz Content and Marks.


    THIRD PARTY WEBSITES AND CONTENT


    The Website contains (or you may be sent through the Website or the Clix N Hitz Services) links to other websites ("Third Party Websites") as well as articles, photographs, text, graphics, pictures, designs, music, sound, video, information, applications, software and other content or items belonging to or originating from third parties (the "Third Party Content"). Such Third Party Websites and Third Party Content are not investigated, monitored or checked for accuracy, appropriateness, or completeness by us, and we are not responsible for any Third Party Websites accessed through the Website or any Third Party Content posted on, available through or installed from the Website, including the content, accuracy, offensiveness, opinions, reliability, privacy practices or other policies of or contained in the Third Party Websites or the Third Party Content. Inclusion of, linking to or permitting the use or installation of any Third Party Website or any Third Party Content does not imply approval or endorsement thereof by us. If you decide to leave the Website and access the Third Party Websites or to use or install any Third Party Content, you do so at your own risk and you should be aware that our terms and policies no longer govern. You should review the applicable terms and policies, including privacy and data gathering practices, of any website to which you navigate from the Website or relating to any applications you use or install from the Website. Any purchases you make through Third Party Websites will be through other websites and from other companies, and Clix N Hitz takes no responsibility whatsoever in relation to such purchases which are exclusively between you and the applicable third party.


    SITE MANAGEMENT


    Clix N Hitz reserves the right but does not have the obligation to:  

    A. monitor the Website for violations of this Agreement;

    B. take appropriate legal action against anyone who, in Clix N Hitz’s sole discretion, violates this Agreement, including without limitation, reporting such user to law enforcement authorities;

    C. in Clix N Hitz’s sole discretion and without limitation, refuse, restrict access to or availability of, or disable (to the extent technologically feasible) any user’s contribution or any portion thereof that may violate this Agreement or any Clix N Hitz policy;

    D. in Clix N Hitz’s sole discretion and without limitation, notice or liability to remove from the Website or otherwise disable all files and content that are excessive in size or are in any way burdensome to Clix N Hitz’s systems;

    E. otherwise manage the Website in a manner designed to protect the rights and property of Clix N Hitz and others and to facilitate the proper functioning of the Website.


    PRIVACY POLICY


    We care about the privacy of our users. Please review the Clix N Hitz Privacy Policy. By using the Website or Clix N Hitz Services, you are consenting to have your personal data transferred to and processed in the United States. By using the Website or the Clix N Hitz Services, you are consenting to the terms of our Privacy Policy.


    TERM AND TERMINATION


    This Agreement shall remain in full force and effect while you use the Website or are otherwise a user or member of the Website, as applicable. You may terminate your use or participation at any time, for any reason, by following the instructions for terminating user accounts in your account settings, if available, or by contacting us using the contact information below.

     

    WITHOUT LIMITING ANY OTHER PROVISION OF THIS AGREEMENT, Clix N Hitz RESERVES THE RIGHT TO, IN Clix N Hitz’S SOLE DISCRETION AND WITHOUT NOTICE OR LIABILITY, DENY ACCESS TO AND USE OF THE WEBSITE AND THE Clix N Hitz SERVICES, TO ANY PERSON FOR ANY REASON OR FOR NO REASON AT ALL, INCLUDING WITHOUT LIMITATION FOR BREACH OF ANY REPRESENTATION, WARRANTY OR COVENANT CONTAINED IN THIS AGREEMENT, OR OF ANY APPLICABLE LAW OR REGULATION, AND Clix N Hitz MAY TERMINATE YOUR USE OR PARTICIPATION IN THE WEBSITE AND THE Clix N Hitz SERVICES, DELETE YOUR PROFILE AND ANY CONTENT OR INFORMATION THAT YOU HAVE POSTED AT ANY TIME, WITHOUT WARNING, IN Clix N Hitz’S SOLE DISCRETION.

     

    In order to protect the integrity of the Website and Clix N Hitz Services, Clix N Hitz reserves the right at any time in its sole discretion to block certain IP addresses from accessing the Website and Clix N Hitz Services.

     

    Any provisions of this Agreement that, in order to fulfill the purposes of such provisions, need to survive the termination or expiration of this Agreement, shall be deemed to survive for as long as necessary to fulfill such purposes.

     

    YOU UNDERSTAND THAT CERTAIN STATES ALLOW YOU TO CANCEL THIS AGREEMENT, WITHOUT ANY PENALTY OR OBLIGATION, AT ANY TIME PRIOR TO MIDNIGHT OF Clix N Hitz’S THIRD BUSINESS DAY FOLLOWING THE DATE OF THIS AGREEMENT, EXCLUDING SUNDAYS AND HOLIDAYS.  TO CANCEL, CALL A Clix N Hitz CUSTOMER CARE REPRESENTATIVE DURING NORMAL BUSINESS HOURS USING THE CONTACT INFORMATION LISTING BELOW IN THIS AGREEMENT OR BY ACCESSING YOUR ACCOUNT SETTINGS.  THIS SECTION APPLIES ONLY TO INDIVIDUALS RESIDING IN STATES WITH SUCH LAWS.

     

    If Clix N Hitz terminates or suspends your account for any reason, you are prohibited from registering and creating a new account under your name, a fake or borrowed name, or the name of any third party, even if you may be acting on behalf of the third party. In addition to terminating or suspending your account, Clix N Hitz reserves the right to take appropriate legal action, including without limitation pursuing civil, criminal, and injunctive redress.


    MODIFICATIONS


    To Agreement

    Clix N Hitz may modify this Agreement from time to time. Any and all changes to this Agreement will be posted on the Website and revisions will be indicated by date. You agree to be bound to any changes to this Agreement when you use the Clix N Hitz Services after any such modification becomes effective. Clix N Hitz may also, in its discretion, choose to alert all users with whom it maintains email information of such modifications by means of an email to their most recently provided email address. It is therefore important that you regularly review this Agreement and keep your contact information current in your account settings to ensure you are informed of changes. You agree that you will periodically check the Website for updates to this Agreement and you will read the messages we send you to inform you of any changes. Modifications to this Agreement shall be effective after posting.

    To Services

    Clix N Hitz reserves the right at any time to modify or discontinue, temporarily or permanently, the Clix N Hitz Services (or any part thereof) with or without notice. You agree that Clix N Hitz shall not be liable to you or to any third party for any modification, suspension or discontinuance of the Clix N Hitz Services.


    DISPUTES


    Between Users

    If there is a dispute between users of the Website, or between users and any third party, you understand and agree that Clix N Hitz is under no obligation to become involved. In the event that you have a dispute with one or more other users, you hereby release Clix N Hitz, its officers, employees, agents and successors in rights from claims, demands and damages (actual and consequential) of every kind or nature, known or unknown, suspected and unsuspected, disclosed and undisclosed, arising out of or in any way related to such disputes and/or the Clix N Hitz Services.

    With Clix N Hitz

    All questions of law, rights, and remedies regarding any act, event or occurrence undertaken pursuant or relating to this Website or the Clix N Hitz Services shall be governed and construed by the laws of the State/Commonwealth of Michigan, excluding such state’s conflicts of law rules.  Any legal action of whatever nature by or against Clix N Hitz arising out of or related in any respect to this Website and the Clix N Hitz Services shall be brought solely in either the applicable federal or state courts located in or with jurisdiction over Monroe County, State of Michigan; subject, however, to the right of Clix N Hitz, at the Clix N Hitz's sole discretion, to bring an action to seek injunctive relief to enforce this Agreement or to stop or prevent an infringement of proprietary or other third party rights (or any similar cause of action) in any applicable court in any jurisdiction where jurisdiction exists with regard to a user. You hereby consent to (and waive any challenge or objection to) personal jurisdiction and venue in the above-referenced courts. Application of the United Nations Convention on Contracts for the International Sale of Goods is excluded from this Agreement. Additionally, application of the Uniform Computer Information Transaction Act (UCITA) is excluded from this Agreement. In no event shall any claim, action or proceeding by you related in any way to the Website and/or the Clix N Hitz Services (including your visit to or use of the Website and/or the Clix N Hitz Services) be instituted more than two (2) years after the cause of action arose. You will be liable for any attorneys' fees and costs if we have to take any legal action to enforce this Agreement.


    CORRECTIONS


    Occasionally there may be information on the Website that contains typographical errors, inaccuracies or omissions that may relate to service descriptions, pricing, availability, and various other information. Clix N Hitz reserves the right to correct any errors, inaccuracies or omissions and to change or update the information at any time, without prior notice.


    DISCLAIMERS


    Clix N Hitz cannot control the nature of all of the content available on the Website. By operating the Website, Clix N Hitz does not represent or imply that Clix N Hitz endorses any blogs, contributions or other content available on or linked to by the Website, including without limitation content hosted on third party websites or provided by third party applications, or that Clix N Hitz believes contributions, blogs or other content to be accurate, useful or non-harmful. We do not control and are not responsible for unlawful or otherwise objectionable content you may encounter on the Website or in connection with any contributions. The Clix N Hitz is not responsible for the conduct, whether online or offline, of any user of the Website or Clix N Hitz Services.

     

    YOU AGREE THAT YOUR USE OF THE WEBSITE AND Clix N Hitz SERVICES WILL BE AT YOUR SOLE RISK. TO THE FULLEST EXTENT PERMITTED BY LAW, Clix N Hitz, ITS OFFICERS, DIRECTORS, EMPLOYEES, AND AGENTS DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, IN CONNECTION WITH THE WEBSITE AND THE Clix N Hitz SERVICES AND YOUR USE THEREOF, INCLUDING, WITHOUT LIMITATION, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. Clix N Hitz MAKES NO WARRANTIES OR REPRESENTATIONS ABOUT THE ACCURACY OR COMPLETENESS OF THE WEBSITE’S CONTENT OR THE CONTENT OF ANY WEBSITES LINKED TO THIS WEBSITE AND ASSUMES NO LIABILITY OR RESPONSIBILITY FOR ANY (A) ERRORS, MISTAKES, OR INACCURACIES OF CONTENT AND MATERIALS, (B) PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER, RESULTING FROM YOUR ACCESS TO AND USE OF OUR WEBSITE, (C) ANY UNAUTHORIZED ACCESS TO OR USE OF OUR SECURE SERVERS AND/OR ANY AND ALL PERSONAL INFORMATION AND/OR FINANCIAL INFORMATION STORED THEREIN, (D) ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM THE WEBSITE OR Clix N Hitz SERVICES, (E) ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE WHICH MAY BE TRANSMITTED TO OR THROUGH THE WEBSITE BY ANY THIRD PARTY, AND/OR (F) ANY ERRORS OR OMISSIONS IN ANY CONTENT AND MATERIALS OR FOR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF THE USE OF ANY CONTENT POSTED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE VIA THE WEBSITE. Clix N Hitz DOES NOT WARRANT, ENDORSE, GUARANTEE, OR ASSUME RESPONSIBILITY FOR ANY PRODUCT OR SERVICE ADVERTISED OR OFFERED BY A THIRD PARTY THROUGH THE WEBSITE OR ANY HYPERLINKED WEBSITE OR FEATURED IN ANY BANNER OR OTHER ADVERTISING, AND Clix N Hitz WILL NOT BE A PARTY TO OR IN ANY WAY BE RESPONSIBLE FOR MONITORING ANY TRANSACTION BETWEEN YOU AND THIRD-PARTY PROVIDERS OF PRODUCTS OR SERVICES. AS WITH THE PURCHASE OF A PRODUCT OR SERVICE THROUGH ANY MEDIUM OR IN ANY ENVIRONMENT, YOU SHOULD USE YOUR BEST JUDGMENT AND EXERCISE CAUTION WHERE APPROPRIATE.


    LIMITATIONS OF LIABILITY


    IN NO EVENT SHALL Clix N Hitz OR ITS DIRECTORS, EMPLOYEES, OR AGENTS BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY DIRECT, INDIRECT, CONSEQUENTIAL, EXEMPLARY, INCIDENTAL, SPECIAL OR PUNITIVE DAMAGES, INCLUDING LOST PROFIT, LOST REVENUE, LOSS OF DATA OR OTHER DAMAGES ARISING FROM YOUR USE OF THE WEBSITE OR Clix N Hitz SERVICES, EVEN IF Clix N Hitz HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. NOTWITHSTANDING ANYTHING TO THE CONTRARY CONTAINED HEREIN, Clix N Hitz’S LIABILITY TO YOU FOR ANY CAUSE WHATSOEVER AND REGARDLESS OF THE FORM OF THE ACTION, WILL AT ALL TIMES BE LIMITED TO THE AMOUNT PAID, IF ANY, BY YOU TO Clix N Hitz FOR THE Clix N Hitz SERVICES DURING THE PERIOD OF THREE (3) MONTHS PRIOR TO ANY CAUSE OF ACTION ARISING.

     

    CERTAIN STATE LAWS DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES OR THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES. IF THESE LAWS APPLY TO YOU, SOME OR ALL OF THE ABOVE DISCLAIMERS OR LIMITATIONS MAY NOT APPLY TO YOU, AND YOU MAY HAVE ADDITIONAL RIGHTS.  

    IF YOU ARE A CALIFORNIA RESIDENT, YOU WAIVE CALIFORNIA CIVIL CODE SECTION 1542, WHICH SAYS: "A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS WHICH THE CREDITOR DOES NOT KNOW OR SUSPECT TO EXIST IN HIS FAVOR AT THE TIME OF EXECUTING THE RELEASE, WHICH, IF KNOWN BY HIM MUST HAVE MATERIALLY AFFECTED HIS SETTLEMENT WITH THE DEBTOR." 


    INDEMNITY


    You agree to defend, indemnify and hold Clix N Hitz, its subsidiaries, and affiliates, and their respective officers, agents, partners and employees, harmless from and against, any loss, damage, liability, claim, or demand, including reasonable attorneys’ fees and expenses, made by any third party due to or arising out of your contributed content, use of the Clix N Hitz Services, and/or arising from a breach of this Agreement and/or any breach of your representations and warranties set forth above. Notwithstanding the foregoing, Clix N Hitz reserves the right, at your expense, to assume the exclusive defense and control of any matter for which you are required to indemnify Clix N Hitz, and you agree to cooperate, at your expense, with Clix N Hitz’s defense of such claims. Clix N Hitz will use reasonable efforts to notify you of any such claim, action, or proceeding which is subject to this indemnification upon becoming aware of it.   


    NOTICES


    Except as explicitly stated otherwise, any notices given to Clix N Hitz shall be given by email to the address listed in the contact information below. Any notices given to you shall be given to the email address you provided during the registration process, or such other address as each party may specify. Notice shall be deemed to be given twenty-four (24) hours after the email is sent, unless the sending party is notified that the email address is invalid. We may also choose to send notices by regular mail.   


    USER DATA


    Our Website will maintain certain data that you transfer to the Website for the purpose of the performance of the Clix N Hitz Services, as well as data relating to your use of the Clix N Hitz Services. Although we perform regular routine backups of data, you are primarily responsible for all data that you have transferred or that relates to any activity you have undertaken using the Clix N Hitz Services.  You agree that Clix N Hitz shall have no liability to you for any loss or corruption of any such data, and you hereby waive any right of action against Clix N Hitz arising from any such loss or corruption of such data.


    ELECTRONIC CONTRACTING


    Your use of the Clix N Hitz Services includes the ability to enter into agreements and/or to make transactions electronically. YOU ACKNOWLEDGE THAT YOUR ELECTRONIC SUBMISSIONS CONSTITUTE YOUR AGREEMENT AND INTENT TO BE BOUND BY AND TO PAY FOR SUCH AGREEMENTS AND TRANSACTIONS. YOUR AGREEMENT AND INTENT TO BE BOUND BY ELECTRONIC SUBMISSIONS APPLIES TO ALL RECORDS RELATING TO ALL TRANSACTIONS YOU ENTER INTO RELATING TO THE Clix N Hitz SERVICES, INCLUDING NOTICES OF CANCELLATION, POLICIES, CONTRACTS, AND APPLICATIONS. In order to access and retain your electronic records, you may be required to have certain hardware and software, which are your sole responsibility.


    ELECTRONIC SIGNATURES


    Users are allowed on Clix N Hitz to transmit and receive valid electronic signatures in the United States under the Electronic Signatures in Global and National Commerce Act (E-Sign Act) of 2000 and the Uniform Electronic Transactions Act (UETA) of 1999 as adopted by individual states. Users’ signatures and identities are not authenticated on Clix N Hitz.


    MISCELLANEOUS


    This Agreement constitutes the entire agreement between you and Clix N Hitz regarding the use of the Clix N Hitz Services. The failure of Clix N Hitz to exercise or enforce any right or provision of this Agreement shall not operate as a waiver of such right or provision. The section titles in this Agreement are for convenience only and have no legal or contractual effect. This Agreement operates to the fullest extent permissible by law. This Agreement and your account may not be assigned by you without our express written consent. Clix N Hitz may assign any or all of its rights and obligations to others at any time. Clix N Hitz shall not be responsible or liable for any loss, damage, delay or failure to act caused by any cause beyond Clix N Hitz's reasonable control.  If any provision or part of a provision of this Agreement is unlawful, void or unenforceable, that provision or part of the provision is deemed severable from this Agreement and does not affect the validity and enforceability of any remaining provisions. There is no joint venture, partnership, employment or agency relationship created between you and Clix N Hitz as a result of this Agreement or use of the Website and Clix N Hitz Services. Upon Clix N Hitz’s request, you will furnish Clix N Hitz any documentation, substantiation or releases necessary to verify your compliance with this Agreement. You agree that this Agreement will not be construed against Clix N Hitz by virtue of having drafted them. You hereby waive any and all defenses you may have based on the electronic form of this Agreement and the lack of signing by the parties hereto to execute this Agreement.


    CONTACT US


    In order to resolve a complaint regarding the Clix N Hitz Services or to receive further information regarding use of the Clix N Hitz Services, please contact Clix N Hitz as set forth below or, if any complaint with us is not satisfactorily resolved, and you are a California resident, you can contact the Complaint Assistance Unit of the Division of Consumer Services of the Department of Consumer Affairs in writing at 400 "R" Street, Sacramento, California 95814 or by telephone at 1-916-445-1254. 

    Clix N Hitz Email: [email protected]


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