Terms + Conditions
TERMS OF USE
Welcome to our website. Cliq, LLC (“Cliq”) maintains this Website, www.cliqsearch.com (the “Website”) as a powerful information seeking tool for those who visit our site and/or use Cliq’s services (collectively, “Users”). By using this Website, you are agreeing that you have read, and understood, and agree to comply with and be bound by this agreement (the “Agreement”). To know what privacy measures Cliq has taken and what information we retain from your visit to this Website, please read our Website Privacy Policy, which, like any additional agreements governing services offered by Cliq, is incorporated herein by reference.
By using this Website, you agree to this Agreement as well as any posted changes of this Agreement. We reserve the right to change this Agreement at any time, without any prior notification to Users. We ask that you review this Agreement from time to time to ensure you are familiar with the most current version of it. (Please see the Cliq.com homepage for announcements regarding modifications to these terms.) If you do not agree to Cliq’s Terms of Use, DO NOT use this Website.
Please review the following terms carefully.
1. User Guidelines
Users may only access to this Website for legitimate purposes. Cliq Users are fully responsible for compliance with all laws applicable to the use of this Website and the information, content, material and services contained herein. By using the Website, you represent that you are 13 years of age or older and will comply with the guidelines set forth below.
Because Cliq works with third party social media networks (each, a “Social Site”) to create a powerful information tool, Cliq may require Users to be registered with applicable Social Sites in order to use all of the Website’s features. In its sole discretion, Cliq may refuse to offer its services to any person or entity and may, may, at any time, change its eligibility criteria. Anyone accessing the Website from outside of the United States does so at his or her own risk. This Agreement is void where prohibited by law, and, in such jurisdictions, the right to access the Website is revoked.
You are solely responsible for any actions you undertake while visiting this Website and for the content of, and any harm or consequences resulting from any of your postings, comments, photos or other submissions to the Website (directly, or by granting Cliq access to such information posted through a third-party such as a Social Site) (collectively, "Contributions"). You represent, warrant, and agree that you:
- will use this Website only for its intended and lawful purposes and will not violate any applicable local, state, federal and international law, rule or regulation applicable to this Website and the Internet, including without limitation laws relating to copyright, consumer protection, unfair competition, false advertising, export controls, controlled substances and discrimination.
- own or have sufficient rights, licenses, permissions, and consents to post your Contributions, on or through Website; or have fully complied with any third-party licenses relating to Contributions, agree to pay for all royalties, fees, and any other monies owning any person by reason of Contributions that you posted to or through Website.
- will not post false or inaccurate Contributions or any Contributions that violate the privacy rights, publicity rights, copyrights, contract rights or any other rights of Cliq or any person or entity nor impersonate any other person or entity or falsely imply any affiliation, sell or let others use your profile or password, provide false or misleading identification or address information.
- will not post or otherwise distribute Contributions that: (i) are defamatory, damaging, disruptive, unlawful, inaccurate, pornographic, vulgar, indecent, profane, hateful, offensive (based on race, ethnicity, gender, sexuality, or other characteristics), obscene, lewd, lascivious, filthy, threatening, intimidating, excessively violent, harassing, or otherwise objectionable or incite, encourage or threaten harassment or physical or emotional harm against another, including but not limited to Contributions that promote racism, bigotry, sexism, religious intolerance or harm against any group or individual, (ii) are intended to or are likely to offend or emotionally harm a reasonable person on the basis of his or her age, physical or mental disability, gender, race, religion, national origin, physical attributes, or any other classification that could produce any civil or criminal liability for either yourself or for Cliq, its shareholders, employees, agents, affiliates or any such similarly situated persons or entities or (iii) contain material that solicits personal information from anyone under 13 or exploits anyone in a sexual or violent manner.
- will not post Contributions that contain advertisements or solicit any person to buy or sell any products or services and you were not/will not be paid or otherwise compensated by a third party for your Contribution
- will not use the Website for any unauthorized purpose including collecting User names and/or email addresses of other Users by electronic or other means for the purpose of sending unsolicited email or other electronic communications or engaging in unauthorized framing of, or linking to, the Website without the express written consent of Cliq.
- will not disrupt or interfere with any other User’s use of this Website nor post Contributions that constitute, contain, install or attempt to install, or promote spyware, malware, or other computer code, whether on Cliq or others’ computers or equipment, designated to enable you or others to gather information about or monitor the online or other activities of another party.
- will not compromise the security of this Website, use software, robots, devices, or other processes to mine, “crawl” or “spider” or otherwise send queries or extract data from any page of the Website, or take any action that could impose a burden on the Website’s infrastructure (as determined by Cliq to be unreasonable).
You acknowledge that Cliq does not pre-screen or approve Contributions, but that Cliq may in its sole discretion refuse or remove any Contribution for any reason and Cliq reserves the right to prohibit any conduct involving this Website that it deems to be inappropriate.
2. User Misconduct
Cliq may, but is not required to: (a) monitor or review the Website for violations of this Agreement and/or for compliance with Cliq’s policies; (b) report to law enforcement authorities and/or take legal action against anyone who violates this Agreement; (c) refuse, restrict access to or the availability of, or remove or disable (to the extent technologically feasible) any Contribution or any portion thereof that may violate this Agreement, the law or any Cliq policy or are excessive in size or burdensome, may violate the law, this Agreement, or any Cliq policy; and/or (d) manage the Website in a manner designed to protect the rights and property of Cliq and others or to facilitate the proper functioning of the Website.
WITHOUT LIMITING ANY OTHER PROVISION OF THIS AGREEMENT, CLIQ RESERVES THE RIGHT TO, IN CLIQ’S SOLE DISCRETION AND WITHOUT NOTICE OR LIABILITY, DENY ACCESS TO AND USE OF THE WEBSITE 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. IN THE EVENT OF BREACH OF THIS AGREEMENT BY A PARTICIPANT, CLIQ WILL BE UNDER NO OBLIGATION TO REFUND ANY FEES PAID BY USER.
3. Term and Termination
We may terminate your access to all or any part of Website at any time, with or without cause or notice, effective immediately. Such termination may result in the destruction of all your Contributions and other information associated with your use of the Website. If you seek to terminate your account, please following the instructions on the Website.
Even after your use of the Website is terminated, this Agreement will remain in effect; including all provisions which by their nature should survive termination shall survive termination, including, without limitation, IP ownership, disclaimers, indemnification and liability limits.
4. Cliq Content
All information, content, Contributions and other material comprising or made available on this Website (“Content”) serves informative purposes only and is not binding upon Cliq. Cliq recommends that Users exercise their own skill and care with respect to their use of this Website and that Users carefully evaluate the accuracy, currency, completeness, and relevance of the material on the Website for their purposes. Cliq does not guarantee that the information is or will be complete, accurate, error-free, useful for a certain purpose, or available at any particular time. Cliq makes no representation that the information contained on the Website is appropriate or available for use in all countries, and access to information from places where the Website's Content is illegal is prohibited.
Cliq reserves the right in its sole discretion to edit, delete, modify, suspend, or discontinue any Content, feature, aspect, product, or service comprising or available through, this Website at any time. Cliq may alter the availability of any feature of this Website or service at any time. The Content may be out of date and Cliq does not warrant the accuracy of any information provided on the Website.
5. Copyright, Trademark and Intellectual Property
All Content (including, without limitation, any computer source code, object code, html code or other code, video and audio files, navigation schemes and layout comprising this Website) is owned by or licensed to Cliq. The copyright in and to this Website and all Content is owned by Cliq. Cliq retains and reserves all rights in and to this Website and all Content. The reproduction, distribution, transmission, display, or use of this Website and any Content is prohibited without the prior written consent of Cliq.
Cliq grants you permission to display, copy, distribute, print and/or download the Content on this Website for your personal use only. Except as expressly authorized by Cliq, you may not modify or create derivative works from that Content and you must retain all copyright and other proprietary notices contained in this Website. Such permission terminates automatically if you breach this Agreement.
“Cliq,” the Cliq logo, other TMs, page headers, scripts, logos, and button icons are either registered trademarks, trademarks, trade names, service marks, or otherwise protected property of Cliq and may not be used, copied or imitated without the prior written consent of Cliq.
Cliq intellectual property may not be used in connection with any service or information that is not Cliq’s. Cliq intellectual property may not be used in any manner that is likely to cause confusion among consumers or in any manner that disparages Cliq. Other trademarks, trade names, company names, service marks and otherwise protected property displayed on this Website are the property of their respective owners and are subject to the terms and conditions applied by those owners to their intellectual property. You may not mirror any Content contained in this Website on any other Website or server.
Cliq may terminate the account and access rights of any repeat infringer of intellectual property rights. If you are a copyright owner or the legal agent of a copyright owner, and you believe that any User submission or content on the Website infringes upon your copyrights, you may submit a notification pursuant to the Digital Millennium Copyright Act section below.
6. License to Contributions
By making a Contribution to the Website (including, without limitation, by granting Cliq access to your Social Site data) you grant to Cliq (and its successors and assigns) a worldwide, perpetual, non-exclusive, fully-paid, royalty-free, sublicensable and worldwide license to use, reproduce, excerpt, modify, create derivative works of, publicly perform, publicly display, rent, resell, and distribute the Contribution in any format or medium now known or later invented. Contributions may be used in connection with commercial purposes such as advertising or for any other legal purpose. Contributions are considered non-confidential and non-proprietary and Cliq may disclose your User Submission to any third party absent any obligation of confidence on the part of the recipient. Users hereby waive all "moral rights" to any Contribution.
7. Digital Millennium Copyright Act, Transmission of Third Party Content
You may not copy to, upload to, post to or otherwise distribute on, this Website anything protected by copyright or other proprietary rights unless the owner has given you express written authorization for such copying, uploading, posting or distribution. Any material for which permission has been granted to copy, upload, post or otherwise distribute must contain all requisite copyright management notices and language indicating that such material is being used by express permission of the owner thereof. The unauthorized use, uploading, posting, and/or distribution of content protected by copyright or other proprietary rights is illegal and may subject the malfeasant to civil penalties and criminal prosecution.
CLIQ, its shareholders, officers, directors, employees, agents or affiliates, are not liable for damages resulting from your actions involving copyrighted or proprietary right protected material.
Cliq, pursuant to the Digital Millennium Copyright Act, designates Jason Probert, COO Cliq LLC, to receive complaints and notices of suspected copyright infringement. If you believe that your work has been copied and is accessible on this Website in a way that constitutes infringement, you may notify Cliq by providing the following information:
- An electronic or physical signature of the person authorized to act on behalf of the owner of the copyright interest;
- A description of the copyrighted work that you claim has been infringed, including the URL (i.e., web page address) of the location where the copyrighted work exists or a copy of the copyrighted work;
- Identification of the URL or other specific location on this Website where the material that you claim is infringing is located;
- Your address, telephone number and e-mail address;
- A statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law;
- A statement by you, made under penalty of perjury, that the above information in your notice is accurate and that you are the copyright owner or are authorized to act on the copyright owner’s behalf.
COO can be reached via e-mail at jason@cliqsearch.com and by regular mail at 1835 Market St. Suite 1100 Philadelphia, PA 19103.
8. Third Party Content
Cliq may display Contributions and other Content supplied by Users and other third parties on its Website. The Content supplied by Users and other third parties belongs to the respective owners, and Cliq maintains no editorial control over that Content.
The Website may contain links to other websites. We are not responsible for the content, accuracy or opinions expressed in such websites, and such websites are not investigated, monitored or checked for accuracy or completeness by Cliq. Inclusion of any linked website on this Website does not imply approval or endorsement of the linked website by Cliq. If you decide to leave our Website, access these third-party websites, or come in personal contact with third parties identified through the Website, including merchants, you do so at your own risk.
By operating the Website, Cliq does not represent or imply that Cliq endorses any Contributions or any other Content or items available on or linked to by the Website, including without limitation content hosted on third party websites, or that Cliq believes Contributions or any other Content or items to be accurate, useful or non-harmful. Cliq cannot guarantee and does not promise any specific results from use of the Website.
CLIQ, ITS SHAREHOLDERS, OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, AND AFFILIATES DO NOT GUARANTEE THE ACCURACY, COMPLETENESS, USEFULNESS OR EXISTENCE OF ANY CONTRIBUTIONS OR OTHER CONTENT SUPPLIED BY USERS OR THIRD PARTIES. CLIQ EXPRESSLY DISCLAIMS ANY AND ALL WARRANTIES WITH RESPECT TO CONTRIBUTIONS AND OTHER CONTENT COMPRISING THIS WEBSITE SUPPLIED BY THIRD PARTIES AND SHALL NOT, UNDER ANY CIRCUMSTANCES, BE LIABLE FOR ANY LOSS, DAMAGE OR HARM CAUSED BY YOUR OR ANYONE ELSE’S RELIANCE ON CONTRIBUTIONS OR OTHER CONTENT AVAILABLE ON THIS WEBSITE SUPPLIED BY THIRD PARTIES. YOU ARE SOLELY RESPONSIBLE FOR EVALUATING AND ACTING ON ANY CONTRIBUTIONS OR OTHER CONTENT AVAILABLE ON THIS WEBSITE.
9. Indemnification
You agree to indemnify, defend and hold Cliq and its shareholders, officers, directors, employees, agents and affiliates (collectively, “Affiliated Parties”) harmless from any damages, liability, loss, claim, demand and expense, including reasonable attorneys’ fees, related to your use of the Website, Contributions or other Content in violation of this Agreement and/or arising from a breach of this Agreement and/or any breach of your representations and warranties set forth above. Cliq, at its option, may assume the exclusive defense and control of any matter otherwise subject to indemnification, in which case, you agree to cooperate with Cliq’s defense.
10. Access Nontransferable
Your right to use this Website is not transferable. Any password given to you to obtain access to this Website is not transferable.
11. Disclaimers/Liability Limits
THIS WEBSITE IS PROVIDED “AS IS,” AND “AS AVAILABLE.” CLIQ MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT, CONCERNING THE OPERATION OR USE OF THIS WEBSITE, THE CONTRIBUTIONS OR OTHER CONTENT, PRODUCTS AND/OR SERVICES AVAILABLE ON OR THROUGH THIS WEBSITE. CLIQ DOES NOT WARRANT THAT THIS WEBSITE WILL BE AVAILABLE AT ALL TIMES OR THAT A USER’S USE WILL BE CONTINUOUS AND/OR ERROR FREE.
YOU AGREE THAT YOUR USE OF THE WEBSITE AND ITS CONTENT SHALL BE AT YOUR SOLE RISK. TO THE FULLEST EXTENT PERMITTED BY LAW, CLIQ, ITS DIRECTORS, OFFICERS, EMPLOYEES, AND AGENTS DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, IN CONNECTION WITH THE WEBSITE AND YOUR USE THEREOF. CLIQ MAKES NO WARRANTIES OR REPRESENTATIONS ABOUT THE ACCURACY OR COMPLETENESS OF THE CONTENT OR THE CONTENT OF ANY THIRD-PARTY SITES LINKED TO THE WEBSITE AND ASSUMES NO LIABILITY OR RESPONSIBILITY FOR ANY (I) ERRORS, MISTAKES, OR INACCURACIES OF CONTENT, (II) PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER, RESULTING FROM YOUR ACCESS TO AND USE OF THE WEBSITE, (III) ANY UNAUTHORIZED ACCESS TO OR USE OF OUR SECURE SERVERS AND/OR ANY AND ALL PERSONAL INFORMATION AND/OR FINANCIAL INFORMATION STORED THEREIN, (IV) ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM OUR WEBSITE, (IV) ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE WHICH MAY BE TRANSMITTED TO OR THROUGH OUR WEBSITE BY ANY THIRD PARTY, AND/OR (V) ANY ERRORS OR OMISSIONS IN ANY CONTENT OR FOR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF THE USE OF ANY CONTENT POSTED, EMAILED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE VIA THE WEBSITE. CLIQ DOES NOT ENDORSE, WARRANT, GUARANTEE, OR ASSUME RESPONSIBILITY FOR ANY PRODUCT OR SERVICE OFFERED OR ADVERTISED BY A THIRD PARTY THROUGH THE WEBSITE OR ANY LINKED WEBSITE OR FEATURED IN ADVERTISING ON THE WEBSITE, AND CLIQ WILL NOT BE A PARTY TO OR BE RESPONSIBLE FOR MONITORING IN ANY WAY ANY TRANSACTION BETWEEN YOU AND THIRD-PARTY PROVIDERS OF PRODUCTS OR SERVICES.
IN NO EVENT SHALL CLIQ, ITS, DIRECTORS, OFFICERS EMPLOYEES, OR AGENTS, BE LIABLE TO YOU FOR ANY (I) INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE, OR CONSEQUENTIAL DAMAGES WHATSOEVER RESULTING FROM ANY (A) ERRORS, MISTAKES, OR INACCURACIES OF CONTENT, (B) PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER, RESULTING FROM YOUR ACCESS TO AND USE OF OUR WEBSITE; (II) UNAUTHORIZED ACCESS TO OR USE OF OUR SECURE SERVERS AND/OR ANY AND ALL PERSONAL INFORMATION AND/OR FINANCIAL INFORMATION STORED THEREIN, (III) INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM OUR WEBSITE, (IV) BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE, WHICH MAY BE TRANSMITTED TO OR THROUGH OUR WEBSITE BY ANY THIRD PARTY, (V) ERRORS OR OMISSIONS IN ANY CONTENT OR FOR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF YOUR USE OF ANY CONTENT POSTED, \ TRANSMITTED, OR OTHERWISE MADE AVAILABLE VIA THE WEBSITE, WHETHER BASED ON WARRANTY, CONTRACT, TORT, OR ANY OTHER LEGAL THEORY, OR (VI) DIRECT DAMAGES IN EXCESS OF $10; WHETHER OR NOT CLIQ IS ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
YOU SPECIFICALLY ACKNOWLEDGE THAT CLIQ SHALL NOT BE LIABLE FOR USER CONTRIBUTIONS OR THE DEFAMATORY, OFFENSIVE, OR ILLEGAL CONDUCT OF ANY THIRD PARTY AND THAT THE RISK OF HARM OR DAMAGE FROM THE FOREGOING RESTS ENTIRELY WITH THE USER.
SOME STATES DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES AND EXCLUSION OF CERTAIN DAMAGES SO THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU.
12. Venue and Jurisdiction
Claims relating to this Website, to the use of this Website, and to the information, content material and services available through this Website are governed by the laws of the United States of America and the State of Ohio, as applicable. You hereby unconditionally, voluntarily and irrevocably consent to the exclusive jurisdiction and venue of the United States District Court for the Northern District of Ohio, Eastern Division, and the Court of Common Pleas of Cuyahoga County, Ohio in any claim or dispute concerning, relating to, or arising from this Website and any information received from or through this Website. You agree not to plead forum non conveniens in any such action and you consent to service of process. You agree that Cliq cannot be liable for any dispute that arises between you and any other User or participant.
The Website is controlled and offered by Cliq from the United States of America. Cliq makes no representations that the Website is appropriate or available for use in other locations. Users who access or use the Website from other jurisdictions do so at their own risk and must at all times comply with local law. Under California Civil Code Section 1789.3, California Users are entitled to the following notice: If you have a question or complaint regarding the Website, please send an e-mail to jason@cliqsearch.com. You may also contact us by writing 1835 Market St. Suite 1100 Philadelphia, PA 19103.
13. General Provisions
If any provision of this Agreement is held invalid or unenforceable in whole or in part in any jurisdiction that provision shall be ineffective in that jurisdiction without affecting the validity or enforceability of the remaining provisions of this Agreement. The section headings are for reference and the convenience of the readers and shall not constitute part of this Agreement for interpretation purposes. This Agreement (and the other Cliq agreements referenced above) constitute the entire and only agreement between you and Cliq and supersede all prior or contemporaneous agreements, representations, warranties and understandings with respect to the subject matter hereof. The failure to enforce any provision of this Agreement shall not be deemed a waiver of such provision nor of the right to enforce such provision. Nothing herein shall be deemed to create an agency, partnership, joint venture, employee-employer or franchisor-franchisee relationship of any kind between Cliq and any User. You may not assign your rights under this Agreement to any third party; Cliq may assign its rights under this Agreement without condition. You agree that all notices, disclosures, and other communications that Cliq provides to you electronically (including by e-mail) satisfy any legal requirement that such communications be in writing.
