Terms Of Service
Updated: July 26, 2019
This Terms of Service ("TOS") governs use of the Services by all users and visitors (whether registered or unregistered). Any user or visitor to the Services is referred to as a "user" or as "you." The "Services" includes the app, web site, and features located at or available through https://clickher.app and/or https://theclick.app. theClick, LLC including its affiliates ("theClick") owns and operates the Services. You may visit the Services and browse without registration, however certain features of the Services require registration in order to participate, such as the community posting features or newsletter sign-up.
1. ACCEPTANCE OF TERMS
2. SERVICES CONTENT
The Services (including features available through the Services, such as our email newsletters) contain information, data, software, photos, web design, graphics, audio, video, text, images and other material, including the selection and arrangement thereof (collectively "Content") owned by theClick and/or its licensors. The Content is made available to you for your personal, non-commercial use and may be stored on a computer or printed only for such use. The Content is protected by copyright, trademark, and other proprietary rights and laws. Use, redistribution or modification of the Content in any manner other than as expressly permitted in this TOS is strictly prohibited. If you violate any of these terms, your permission to use the Content will automatically terminate and you must immediately destroy any copies you have of any portion of the Content. ALL INFORMATION CONTAINED ON THE SERVICES, INCLUDING INFORMATION RELATING TO MEDICAL AND HEALTH CONDITIONS, PRODUCTS AND TREATMENTS, IS FOR INFORMATIONAL PURPOSES ONLY, AND IS NOT MEDICAL ADVICE. See TOS Section 8 below entitled "No Medical or Health Advice Provided on the Services" for more details on this subject.
3. YOUR CONDUCT ON THE SERVICES
You agree not to access the Services by any means other than through the interface provided by us for use in accessing the Services. You understand that the robots.txt file is the only means by which robots are authorized to access the Services and you agree not to violate any of the robot access policies.
4. YOUR ACCOUNT OBLIGATIONS
You will receive a password and username after you have completed your registration form and provided the required account information. You agree to maintain the security of your account on the Services, including the confidentiality of your password and other account information, and you are fully responsible for all activities that occur under your password or account, including any charges resulting from unauthorized use of your account. You agree to immediately notify us of any unauthorized use of your password, username or account or any other breach of security and to promptly change your password.
You are responsible for obtaining any equipment and Internet service necessary to access the Services and for any costs of equipment and service you select.
5. THIRD PARTY SERVICES
The Services may provide you with the opportunity to link to or otherwise use web sites, products, services or content offered by third parties ("Third Party Services"). We have no control over the Third Party Services and are not responsible for nor will we have any liability for your use of any Third Party Services, including any loss or damage you may incur in connection with your use of the Third Party Services. theClick does not endorse the Third Party Services or any products, services or content offered thereon. Your use of the Third Party Services is subject to any terms of service or conditions of use associated with the Third-Party Services.
USE OF THE SERVICES IS AT YOUR SOLE RISK. ALL CONTENT AND SERVICES ON OR ACCESSIBLE FROM THE Services ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS. theClick, TOGETHER WITH ITS OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, THIRD-PARTY CONTENT PROVIDERS, MERCHANTS, SPONSORS AND LICENSORS (COLLECTIVELY, THE "theClick PARTIES"), PROVIDES THE Services WITHOUT ANY WARRANTY, EXPRESS OR IMPLIED. TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, THE theClick PARTIES SPECIFICALLY DISCLAIMS THE IMPLIED WARRANTIES OF TITLE, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. theClick DOES NOT WARRANT THAT THE Services WILL OPERATE UNINTERRUPTED, ERROR FREE OR THAT THE Services, ITS SERVER AND ANY CONTENT ARE FREE OF COMPUTER VIRUSES AND OTHER HARMFUL ELEMENTS. theClick MAKES NO WARRANTY REGARDING THE ACCURACY, TIMELINESS OR COMPLETENESS OF ANY CONTENT OR SERVICE ON THE Services NOR THAT THE Services, ANY CONTENT OR SERVICES WILL MEET YOUR REQUIREMENTS. YOU HEREBY ACKNOWLEDGE THAT theClick PROVIDES NO ASSURANCES OF UPTIME FOR THE Services AND YOU UNDERSTAND THAT THE Services MAY PERIODICALLY BECOME UNAVAILABLE DUE TO MAINTENANCE OR MALFUNCTION OF COMPUTER EQUIPMENT OR FOR OTHER REASONS.
7. NO MEDICAL OR HEALTH ADVICE PROVIDED BY THE SERVICES
Content on the Services is provided for informational purposes only and is not intended as a substitute for the advice provided by your physician or other healthcare professional or any information contained on or in any product label or packaging. You should not use the Services for diagnosing or treating a health problem or disease, or prescribing any medication or other treatment. You should always speak with your physician or other healthcare professional before taking any medication or nutritional, herbal or homeopathic supplement, or adopting any treatment for a health problem. You should always consult your physician and medical advisors before acting on any Content found on the Services and/or before purchasing or using any products or services discussed on the Services. If you have or suspect that you have a medical problem, promptly contact your health care provider. Never disregard professional medical advice or delay in seeking professional advice because of something you have read on the Services. Content provided on the Services DOES NOT create a doctor-patient relationship between you and any of the physicians or other health care providers affiliated with or Posting Content on the Services. Content regarding dietary supplements have not been evaluated by the Food and Drug Administration and are not intended to diagnose, treat, cure or prevent any disease.
8. LIMITATION OF LIABILITY
IN NO EVENT SHALL WE OR ANY OTHER PARTY INVOLVED IN CREATING, PRODUCING, OR DISTRIBUTING THE SERVICES BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES OR LOSS OF PROFITS, GOOD WILL, USE, DATA OR OTHER LOSSES (EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES) THAT RESULT FROM (I) ANY DELAY, FAILURE, INTERRUPTION OR CORRUPTION OF THE SERVICES OR ANY DATA OR INFORMATION TRANSMITTED IN CONNECTION WITH THE USE OF THE SERVICES. (II) PERSONAL INJURY OR DEATH CAUSED BY YOUR USE OR MISUSE OF THE SERVICES, (III) THE COST OF PROCUREMENT OF SUBSTITUTE GOODS AND SERVICES RESULTING FROM YOUR USE OF OR IN ABILITY TO USE ANY GOODS, DATA, INFORMATION OR SERVICES PURCHASED OR OBTAINED OR MESSAGES RECEIVED OR TRANSACTIONS ENTERED INTO, THROUGH OR FROM THE SERVICES, (IV) UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA, (V) STATEMENTS OR CONDUCT OF ANY THIRD PARTY ON THE SERVICES, OR (VI) ANY OTHER MATTER RELATING TO THE SERVICES. YOU HEREBY ACKNOWLEDGE THAT THIS PARAGRAPH SHALL APPLY TO ALL CONTENT, PRODUCTS AND SERVICES AVAILABLE THROUGH THE SERVICES.
NOTWITHSTANDING THE ABOVE, OUR SOLE LIABILITY FOR ANY REASON TO YOU, AND YOUR SOLE AND EXCLUSIVE REMEDY FOR ANY CAUSE OR CLAIM WHATSOEVER, SHALL BE LIMITED TO $25.00.
BECAUSE SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, IN SUCH STATES, LIABILITY IS LIMITED TO THE FULLEST EXTENT PERMITTED BY LAW.
You agree to indemnify and hold harmless the theClick Parties from and against all claims, actions, demands, judgments, losses and liabilities (including, without limitation, costs, expenses and attorneys' fees) by you or any third-party resulting or arising, directly or indirectly, out of your use of the Services, including without limitation, alleged violation of this TOS by you or any user of your account (whether or not authorized), or alleged violation of any rights of another person.
11. SERVICES NOT DIRECTED TO CHILDREN
The Services are not directed to children under the age of 13 and children under the age of 13 should not use or register for the Services. The Services are available to people at least 13 years of age, but if you are between 13 and 18 years of age, you agree that you have received parental permission to register for the Services. theClick will not knowingly collect personally identifiable information on or through the Services from anyone under 13. Please be aware that certain areas on the Services may contain mature content and you may be exposed to Content on the Services that you find upsetting, indecent or objectionable. By using the Services you assume all risk associated with its use. We encourage parents to supervise their children's use of the Services (which should be permitted by parents only for those 13 and older) and maintain open communication regarding appropriate materials for use and viewing by their children.
This TOS is effective until terminated by either you or by us. If you no longer agree to be bound by this TOS, you must immediately stop use of the Services. You acknowledge that any violation of this TOS or other applicable policies may result in termination of your access to the Services, deactivation or deletion of your account and all related information and files in your account, and preclusion of any further access to such files or the Services.
In addition, subject to applicable law, we reserve the right to suspend or deny, in our sole discretion, your access to all or any portion of the Services with or without notice. You acknowledge and agree that we may immediately deactivate or delete your account and all related information and files in your account and bar any further access to such files or the Services. You also agree that we will not be liable to you or any third-party for any termination of your access to the Services.
13. CHANGES; DISCONTINUATION
14. COPYRIGHT AND TRADEMARKS
The Services uses certain trademarks, service marks and logos owned by theClick, including without limitation, "theClick," "Clickher", as well as certain page headers, custom graphics and icons. All other trademarks, product names and company names and logos appearing on the Services are the property of their respective owners.
15. COPYRIGHT AGENT
If your copyrighted content is copied and is accessible on the Services in a manner not authorized by you and that constitutes copyright infringement or a violation of your other intellectual property rights, please provide theClick’s Copyright Agent with a written notice that includes 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;
- Identification of the URL or other specific location on the Services where the material that you claim is infringing your copyright interest is located;
- Your address, telephone number and email 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 authorized to act on the copyright owner's behalf.
Our agent for notice of claims of copyright infringement on the Services can be reached at: theClick, Attn: Copyright Agent, 200 York Street, Louisville, KY 40203 or at firstname.lastname@example.org.