ClickBricks Terms of Service

This Agreement is between ClickBricks, LLC. ("ClickBricks”) and you ("you" or "Customer"), as an authorized user of ClickBricks Services, and governs the terms and conditions of your use of ClickBricks Services. This Agreement, constitutes the entire agreement between ClickBricks and you regarding ClickBricks Services, and supersedes all prior agreements between the parties regarding the subject matter of this Agreement. For purposes of this Agreement, "ClickBricks Services" or "Services" are defined as any and all services provided by ClickBricks to you either now or in the future. By using ClickBricks Services, you confirm your acceptance of, and agree to be bound by, this Agreement.

Description of Service.

a) A “Profile” means any Customer Content and any other property, keyword, term, tagline or business description contained in any Advertising or otherwise provided by you to ClickBricks for a business profile associated with the advertised business. Each Profile is provided to you subject to the terms and conditions of this Policy and ClickBricks Profile Policies and Guidelines, which are set forth at. This Policy and the Profile Policies and Guidelines are collectively referred to herein as this “Profile Agreement.”

b) Any person or entity acting on your behalf shall also be bound by this Profile Agreement and you agree to be responsible for any such person’s or entity’s actions.

c) Your Profile will be made available for distribution and use on the ClickBricks Internet Directory.

d) ClickBricks LLC expressly prohibits any and all impermissible activities through your Profile, including, but not limited to: (i) profiling businesses with inappropriate or inaccurate information; (ii) multiple profiles for the identical business; or (iii) any other fraudulent, deceptive or illegal activity or purpose. ClickBricks may immediately terminate your Profile or any portion thereof if ClickBricks suspects that you are engaged in any fraudulent, deceptive or illegal activity or any other impermissible activity.

User Responsibilities.

You are solely responsible for any and all activities that occur under your account and ensuring that you exit or log-off from your account at the end of each session of use. You shall notify ClickBricks immediately of any unauthorized use of your password or account or any other breach of security that is known or suspected by you. ClickBricks shall not be responsible for any unauthorized access to, or alteration of, your transmissions or data, any material, information or data sent or received, regardless of whether the data is actually received by ClickBricks, or any transactions entered into through the Service or failure to abide by this Agreement. DO NOT MISUSE OR ABUSE OUR SYSTEM OR OUR SYSTEM RESOURCES (I.E. BANDWIDTH). YOUR ACCOUNT WILL BE IMMEDIATELY TERMINATED.

Account Information and Data.

a) By submitting a Profile, you grant ClickBricks and its affiliates a non-exclusive, royalty-free, perpetual, irrevocable and fully sub-licensable right to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute and display your Profile throughout the world in any media for purposes of: (i) displaying and promoting the business and your Profile and (ii) providing features and functionality of ClickBricks, its affiliates and sub-licensees, including but not limited to the right to incorporate your Profile into a searchable database. ClickBricks will have the right, but not the obligation, to review your Profile. ClickBricks reserves the right to immediately cancel or reject, without notice, your Profile and terminate this Profile Agreement and your Password, at any time for any reason whatsoever (including but not limited to ClickBricks belief that your Profile or any portion thereof may subject ClickBricks, its affiliates or sub-licensees to criminal or civil liability). Nothing herein will limit ClickBricks right to use any information or data that is in the public domain or that is publicly accessible.

b) You agree that ClickBricks may display your Profile or portions thereof in any format, including without limitation as search results, listing comparisons, reviews and other placements that ClickBricks, its affiliate or sub-licensees, may be made available from time to time. Provision of your Profile is subject to your compliance with this Profile Agreement.

c) You acknowledge and agree that ClickBricks shall have the right to: (i) position your Profile on any page of the Internet Directory, in any position on any such page, and in association with such classified heading, category or keyword as ClickBricks may deem appropriate; (ii) re-design or modify the structure, layout and look and feel of the Internet Directory; and (iii) the content contained in your Profile in such manner as ClickBricks , in the exercise of its sole discretion, may deem necessary or appropriate. NOTHING IN THIS PROFILE AGREEMENT OBLIGATES CLICKBRICKS TO PLACE YOUR PROFILE ON THE INTERNET DIRECTORY OR WITHIN A SPECIFIC CATEGORY, SUB-CATEGORY OR POSITION.

d) The following criteria are minimum requirements only and ClickBricks , in its sole discretion, may consider other criteria before or accepting or rejecting your Profile:

i) All information submitted must comply with this Policy.

ii) You may not use a false e-mail address, impersonate any person or entity or otherwise mislead as to the origin of your Profile.

iii) Your Profile must be for a business based in the United States.

iv) Your Profile (when submitted by you) must include detailed information about the business such as hours of operation, credits cards accepted and other information that is valuable to the user of the business.

v) If your Profile (when submitted by you) includes a web site address for the business described in your Profile, such web site must be in the English language with the official business name visible to any visitor to that site.

vi) The URLs included as part of your Profile or web site, if any, must not contain any content, products, services or other information that in ClickBricks reasonable determination may be illegal to sell under any applicable law, statue, ordinance or regulation, that my infringe or violate any third party’s rights, or that ClickBricks believes, in its sole discretion, to be inflammatory, offensive or otherwise inconsistent with the spirit of the Profile Service.

vii) It is your responsibility to keep backups of your Profile. ClickBricks shall not be responsible for the loss of your Profile or any portion thereof for any reason.

Payment of Fees.

ClickBricks offers its Service, as described on its website, for monthly fees (the "Fees") which you will pay to ClickBricks by authorized credit or debit card. The Fees applicable for the Service are available at the website and as published within the Service. ClickBricks reserves the right to change the Fees or applicable charges and to institute new charges at any time, upon thirty (30) days prior notice to you (which may be sent by email). Your authorized credit card will automatically be charged Fees on the 31st day after you sign up for the Service, or the expiration of the initial trial period, if any, whichever is later. Thereafter, the Fees will automatically be charged to your authorized credit card, in advance, on the date of the month the Service was initially charged. In the event you cancel the Service, ClickBricks will not refund any Fees already paid by you.

Your ClickBricks account will be considered delinquent if your credit card company refuses for any reason to pay the amount billed to it and that amount remains unpaid at the beginning of the next accounting cycle. The Service may be suspended, archived or purged from system if account is delinquent for more than one billing cycle.

User Conduct.

You agree to abide by all applicable local, state, national and foreign laws, treatises and regulations in connection with the Service. In addition, without limitation, you agree not to use the Service to: (a) use information from the Service in connection with sending unsolicited or unauthorized advertising, promotional materials, junk mail, spam, chain letters, pyramid schemes, or any other form of duplicative or unsolicited messages, whether commercial or otherwise; (b) harvest, collect, gather or assemble information or data regarding other users, including e-mail addresses, without their consent; (c) transmit through or post on the Service unlawful, harassing, libelous, abusive, harassing, tortious, defamatory, threatening, harmful, abusive, libelous, invasive of another's privacy, vulgar, obscene or otherwise objectionable material of any kind or nature or which is harmful to minors in any way; (d) transmit any material that may infringe the intellectual property rights or other rights of third parties, including trademark, copyright or right of publicity; (e) transmit any material that contains software viruses or other harmful or deleterious computer code, files or programs such as trojan horses, worms, time bombs, cancelbots; (f) interfere with or disrupt servers or networks connected to the Service or violate the regulations, policies or procedures of such networks; (g) attempt to gain unauthorized access to the Service, other accounts, computer systems or networks connected to the Service, through password mining or any other means; or (h) harass or interfere with another user's use and enjoyment of the Service.

ClickBricks has no obligation to monitor the Service and/or Content or any user's use thereof or retain the content of any user session. However, ClickBricks reserves the right at all times to monitor, review, retain and/or disclose any information as necessary to satisfy any applicable law, regulation, legal process or governmental request.

Termination.

a) Notwithstanding anything to the contrary herein, ClickBricks may, but has no duty to, immediately terminate this Profile Agreement and remove your Profile if ClickBricks in its sole discretion concludes that: (i) you have provided false or deceptive information as part of the registration process; (ii) you are engaged in fraudulent or illegal activities or the sale of illegal or harmful goods or service in conjunction with your Profile; (iii) you have violated this Profile Agreement or any portion thereof; or (iv) you are engaged in activities that may damage the rights of ClickBricks or any third party. In the event this Profile Agreement, or any portion thereof, is terminated or if your Password is terminated for any reason, termination will take effect immediately without any opportunity to cure and without any liability to ClickBricks .

b) The respective obligations of you and ClickBricks which, by their nature, would continue beyond the termination, cancellation or expiration of this Profile Agreement will survive.

c) You may terminate your user account upon notice to ClickBricks at any time; however, you will not receive a refund of any portion of your fees paid to ClickBricks .

Indemnification.

You shall indemnify and hold ClickBricks and its parents, subsidiaries, affiliates, officers, directors, employees, attorneys, and agents, harmless from and against any and all claims, costs, damages, losses, liabilities, and expenses (including attorneys' fees and costs) arising out of or in connection with your use of the Service (including the Content) or breach of this Agreement.

Disclaimer of Warranties.

CLICKBRICKS MAKES NO REPRESENTATION, WARRANTY, OR GUARANTY AS TO THE RELIABILITY, TIMELINESS, QUALITY, SUITABILITY, TRUTH, AVAILABILITY, ACCURACY OR COMPLETENESS OF THE SERVICE OR ANY CONTENT. CLICKBRICKS DOES NOT REPRESENT OR WARRANT THAT: (I) THE USE OF THE SERVICE WILL BE TIMELY, UNINTERRUPTED OR ERROR-FREE OR OPERATE IN COMBINATION WITH ANY OTHER HARDWARE, SOFTWARE, SYSTEM OR DATA, (II) THE SERVICE WILL MEET YOUR REQUIREMENTS OR EXPECTATIONS, (III) THE QUALITY OF ANY PRODUCTS, SERVICES, INFORMATION, OR OTHER MATERIAL PURCHASED OR OBTAINED BY YOU THROUGH THE SERVICE WILL MEET YOUR REQUIREMENTS OR EXPECTATIONS, (IV) ERRORS OR DEFECTS WILL BE CORRECTED, (V) THE SERVICE OR THE SERVER(S) THAT MAKE THE SERVICE AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. THE SERVICE AND ALL CONTENT IS PROVIDED TO YOU STRICTLY ON AN "AS IS" BASIS. ALL CONDITIONS, REPRESENTATIONS AND WARRANTIES, WHETHER EXPRESS, IMPLIED, STATUTORY OR OTHERWISE, INCLUDING, WITHOUT LIMITATION, ANY IMPLIED WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT OF THIRD PARTY RIGHTS, ARE HEREBY DISCLAIMED TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW BY CLICKBRICKS .

Limitation of Liability.

IN NO EVENT SHALL CLICKBRICKS 'S AGGREGATE LIABILITY EXCEED THE AMOUNT ACTUALLY PAID BY YOU IN THE TWELVE (12) MONTH PERIOD IMMEDIATELY PRECEDING THE EVENT GIVING RISE TO SUCH CLAIM. IN NO EVENT SHALL CLICKBRICKS BE LIABLE TO ANYONE FOR ANY INDIRECT, PUNITIVE, SPECIAL, EXEMPLARY, INCIDENTAL, CONSEQUENTIAL OR OTHER DAMAGES OF ANY TYPE OR KIND (INCLUDING LOSS OF DATA, REVENUE, PROFITS, USE OR OTHER ECONOMIC ADVANTAGE) ARISING OUT OF, OR IN ANY WAY CONNECTED WITH THIS SERVICE, INCLUDING BUT NOT LIMITED TO YOUR USE OR INABILITY TO USE THE SERVICE, OR FOR ANY CONTENT OBTAINED FROM OR THROUGH THE SERVICE, EVEN IF CLICKBRICKS HAS BEEN PREVIOUSLY ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

Modification to Terms.

ClickBricks reserves the right to change the terms and conditions of this Agreement or its policies relating to the Service at any time and shall notify you by posting an updated version of this Agreement on the Service and/or by sending you an email message. You are responsible for regularly reviewing this Agreement. Continued use of the Service after any such changes shall constitute your consent to such changes.