Welcome to www.northernclicks.com (the “Site”), which is owned by Northern Clicks, Inc. . Please read these Terms and Conditions carefully. If you are unwilling to accept the terms and conditions herein, please do not use the Site. By using the Site, you are agreeing to abide and be bound by the following Terms and Conditions (“Terms”).
I. Use of Site Content
- Content, including but not limited to text, software, music, sound, photographs, trademarks, service marks, logos, video, graphics or other material contained on this Site or presented to you through this Site (“Content”), is protected by copyright, trademarks, service marks, Site marks, patents or other proprietary agreements and laws (collectively, “Intellectual Property Rights”). You are only permitted to use Content as expressly authorized herein or in writing by the Site owner (“Company”). These Terms do not transfer any right, title, or interest in the Site or the Content to you, and Company and its third party advertisers and affiliates retain all of its and their respective right, title and interest to the Site and Content.
- Except as provided in these Terms, you may not use, download, upload, copy, modify, print, display, perform, reproduce, publish, license, rent, lease, loan, sell, assign, post, transmit, distribute, reverse engineer, create derivative works from, or otherwise exploit any Content or information from the Site, in whole or in part, including without limitation by way of framing or hyper-linking, without Company’s permission.
- Except as expressly provided in these Terms, nothing contained in these Terms or on the Site shall be construed as conferring any other license or right, expressly, by implication, by estoppel or otherwise, under any of our Intellectual Property Rights or under any third party’s Intellectual Property Rights. All rights not expressly granted herein are reserved.
III. Prohibited Use of the Site
You may not:- Send unsolicited commercial email to the email addresses provided on the Site;
- Delete, modify or attempt to change or alter any of the Content on the Site;
- Use any device, software or routine that interferes with the proper functioning of the Site or servers or networks connected to the Site, or take any other action that interferes with another’s use of the Site;
- Use the Site or the Content, intentionally or unintentionally, in any manner inconsistent with or in violation of any applicable laws or regulations or in violation of the rules of any other website providers, websites, chat rooms or the like, including, without limitation, laws regarding import/export of technical data by virtue of your online transmission;
- Use any “robot,” “spider” or other automatic or manual device or process for the purpose of compiling information on the Site for purposes other than for a generally available search engine; or
- Use any Company name, service marks, or trademarks without prior written consent, including as metatags or hidden text.
IV. Not Legal Advice
The
Content on the Site and in the Advertisements are intended to provide
information only and is not legal advice of Company. Any opinions
expressed through Content on the Site are the opinions of the
particular author and may not reflect the opinions of Company.
V. Modifications To Terms
Company
may change these Terms from time to time, without prior notice, by
posting the modified Terms on the Site, which may be accessed by
clicking the “Terms and Conditions” link at the bottom of the
homepage. Your continued use of this Site following any changes to
the Terms constitutes your acceptance of those changes. If you
object to any provision of these Terms or any subsequent
modification, or become dissatisfied with the Site in any way, your
sole recourse is to immediately terminate your use of the Site.
VI. Termination and Modification
Company
reserves the right to modify or terminate these Terms or your access
to the Site (or portions of the Site) or Advertisements, temporarily or
permanently, with or without notice to you, and is not obligated to
support or update the Site. These Terms shall survive termination of
these Terms or your right to access to the Site. You acknowledge and
agree that Company shall not be liable to you or any third party in
the event that it exercises its right to modify or terminate access
to the Site (or portions of the Site). Unless explicitly stated
otherwise, any new features that augment or enhance the current Site
will be subject to these Terms.
Company may use information from our customers or subscribers to contact them in response to consumer-initiated inquiries, to provide services requested by the customer, to deliver the Horoscopes, to alert costumers to changes in services or features, to provide customers with requested information regarding Company or our services, and to provide customers with Company’s (or its affiliates’) marketing materials.
Company may also sell, rent, license or lease information collected on this site to third parties (including email marketing companies), who may use your information. Such use may include the delivery to you (including via email) of their marketing materials, or those of their affiliates or clients.
Company may also share information, including PII, collected in the following circumstances: (1) upon receipt of a properly authorized and authenticated governmental request for information; (2) in response to a subpoena or a court order; (3) to comply with relevant laws;
(4) in response to an investigation of fraud regarding a specific costumer; or (5) in an effort to safeguard the person or property of a Company employee or a third party.
Finally, Company may, in the future, decide to sell, merge or otherwise reorganize its business. Company reserves the right to transfer and disclose all information, including PII, in this circumstance, but data collected by Company will be governed by the same privacy policy that existed prior to any change in business conditions unless you consent to the new privacy policy.
VIII. Copyright Infringement
In
accordance with the Digital Millennium Copyright Act (“DMCA”),
http://lcweb.loc.gov/copyright/,
Company has designated an agent to receive notifications of alleged
copyright infringement associated with the Site. Company will, upon
receiving proper notice as set forth below, use commercially
reasonable efforts to remove or disable access to any such material
as set forth in the DMCA. If you believe that your copyrighted work
or the copyrighted work of another party is being infringed, please
notify our copyright agent: contact@www.easysuvsearch.com.
When notifying Company of the alleged copyright infringement, please
include all of the following information:
- A physical or electronic signature of a person authorized to act on behalf of the copyright owner;
- Identification of the copyrighted work claimed to have been infringed;
- Identification of the material that is claimed to be infringing and information reasonably sufficient to locate the material;
- Information reasonably sufficient to contact the complaining party, such as an address, telephone number, and, if available, an electronic mail address;
- A statement that the complaining party has a good faith belief that the use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law; and
- A statement that the information in the notification is accurate, and, under penalty of perjury, that the complaining party is authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
If material is believed in good faith by Company to infringe a copyright or otherwise violate any intellectual property rights, Company will remove or disable access to any such material. If you believe that a notice of copyright infringement has been wrongly filed against you and you would like to submit a counter-notification, you may file a Counter-Notification in Response to Claim of Copyright Infringement with Company’s copyright agent, identified above. You may want to seek independent legal counsel before filing a notification or counter-notification.
IX. Disclaimer
TO
THE FULLEST EXTENT PERMISSIBLE PURSUANT TO APPLICABLE LAW, THE SITE
AND ALL CONTENT, MATERIALS, INFORMATION, PRODUCTS AND SERVICES
PROVIDED ON THE SITE OR IN THE HOROSCOPES, ARE PROVIDED ON AN “AS
IS” AND “AS AVAILABLE” BASIS. COMPANY EXPRESSLY DISCLAIMS ALL
WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT
NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS
FOR A PARTICULAR PURPOSE, TITLE, NON-INFRINGEMENT, INTEGRATION,
NON-INTERFERENCE WITH ENJOYMENT, AND SECURITY AND ACCURACY, AS WELL
AS ALL WARRANTIES ARISING BY USAGE OF TRADE, COURSE OF DEALING, OR
COURSE OF PERFORMANCE. COMPANY MAKES NO WARRANTY, AND EXPRESSLY
DISCLAIMS ANY OBLIGATION, THAT: (A) THE SITE WILL MEET YOUR
REQUIREMENTS OR WILL BE AVAILABLE ON AN UNINTERRUPTED, TIMELY,
SECURE, OR ERROR-FREE BASIS; (B) THE CONTENT OR HOROSCOPES WILL BE
UP-TO-DATE, COMPLETE, COMPREHENSIVE, ACCURATE OR APPLICABLE TO YOUR
CIRCUMSTANCES; (C) THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF
THE SITE OR ANY SERVICES OFFERED THROUGH THE SITE WILL BE ACCURATE OR
RELIABLE; (D) THE QUALITY OF ANY PRODUCTS, SERVICES, INFORMATION, OR
OTHER MATERIAL OBTAINED BY YOU THROUGH THE SITE WILL MEET YOUR
EXPECTATIONS; OR (E) THAT DEFECTS, IF ANY, WILL BE CORRECTED.
YOU UNDERSTAND AND AGREE THAT ANY CONTENT, MATERIAL AND/OR DATA DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE SITE OR IN THE HOROSCOPES IS USED AT YOUR OWN RISK AND THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF SUCH CONTENT, MATERIAL AND/OR DATA.
X. Limitation of Liability
IN
NO EVENT SHALL COMPANY BE LIABLE FOR ANY DIRECT, INDIRECT,
INCIDENTAL, SPECIAL, PUNITIVE, OR CONSEQUENTIAL DAMAGES, OR DAMAGES
FOR COST OF PROCUREMENT OF SUBSTITUTE SERVICES, LOSS OF PROFITS,
REVENUE, DATA, GOODWILL, OR USE, INCURRED BY YOU OR ANY THIRD PARTY,
WHETHER IN AN ACTION IN CONTRACT OR TORT (INCLUDING NEGLIGENCE AND
STRICT LIABILITY), ARISING FROM YOUR ACCESS TO OR INABILITY TO
ACCESS, OR USE OF, THE SITE, THE HOROSCOPES OR ANY SERVICES PROVIDED
IN CONNECTION WITH THE SITE OR HOROSCOPES, OR OTHERWISE RESULTING
FROM: (1) THE COST OF PROCUREMENT OF SUBSTITUTE SERVICES, GOODS, OR
WEBSITES, (2) UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR
TRANSMISSIONS OR DATA, (3) THE STATEMENTS OR CONDUCT OF ANY THIRD
PARTY ON THE SITE, OR (4) ANY OTHER MATTER RELATING TO THE SITE, EVEN
IF COMPANY WAS ADVISED THAT SUCH DAMAGES WERE LIKELY OR POSSIBLE.
THIS LIMITATION ON LIABILITY APPLIES TO, BUT IS NOT LIMITED TO, THE
TRANSMISSION OF ANY DISABLING DEVICE OR VIRUSES WHICH MAY INFECT YOUR
EQUIPMENT OR SYSTEM, FAILURE OF MECHANICAL OR ELECTRONIC EQUIPMENT OR
COMMUNICATION LINES, TELEPHONE OR OTHER INTERCONNECT PROBLEMS,
UNAUTHORIZED ACCESS, THEFT, BODILY INJURY, PROPERTY DAMAGE, OPERATOR
ERRORS, STRIKES OR OTHER LABOR PROBLEMS OR ANY FORCE MAJEURE. SOME
JURISDICTIONS DO NOT ALLOW CERTAIN LIMITATIONS OR EXCLUSIONS OF
LIABILITY IN SOME CIRCUMSTANCES. ACCORDINGLY, SOME OF THE FOREGOING
LIMITATIONS MAY NOT APPLY TO YOU.
XI. Indemnity
You
agree to indemnify, defend and hold harmless Company, its affiliates,
shareholders, directors, officers, co-branders, subsidiaries,
parents, employees and agents, from any claim, demand, liability,
dispute, damage, cost, expense, or loss, including reasonable
attorneys’ fees and costs of litigation, arising out of, or in any
way connected with your use of or access to the Site, your use of the
Content or Horoscopes, your linking to the Site or your violation of
these Terms.
XII. Governing Law
and Dispute Resolution
These
Terms shall be governed by the laws of the state of California
without regard to its choice of law rules. You consent to personal
jurisdiction by the state and federal courts located in Los Angeles
County, California. Any dispute arising out of or in connection with
these Terms or your use of any Content or this Site or your access to
or links to this Site, shall be resolved by binding arbitration
before a neutral arbitrator administered by JAMS in Los Angeles,
California, in accordance with its applicable arbitration rules, as
then in effect.
XIII. General
If
any provision of these Terms is found by a court or arbitrator to be
invalid, the parties agree that the court or arbitrator should give
effect to the parties’ intentions as reflected in the provision,
and the other provisions of the Terms will remain in effect.
Company’s failure to act with respect to a breach by any person
using the Site does not constitute a waiver of its right to act with
respect to subsequent or similar breaches. Company may assign its
rights and duties under these Terms without such assignment being
considered a change to the Terms and without notice to you. You may
not assign these Terms without the prior written consent of Company.
These Terms, the Privacy Policy, any operating rules, policies, or
procedures that may be posted from time to time by Company on the
Site, and any modifications to the foregoing, constitute the entire
agreement between the parties with regard to the subject matter in
these Terms and supersede all prior understandings and agreements,
whether written or oral, as to such subject matter. Nothing contained
in these Terms will be deemed to constitute either party as the agent
or representative of the other party, or both parties as joint
venturers or partners for any purpose.
XIV. Limitation of Actions
You
agree that any claim or cause of action arising out of your use of
the Site or these Terms must be filed within one year after such
claim or cause of action arose or it shall forever be barred,
notwithstanding any statute of limitations or other law to the
contrary. Within this period, any failure by Company to enforce or
exercise any provision of these Terms or related right shall not
constitute a waiver of that right or provision.
XV.
Acknowledgment
You
acknowledge (a) that you have read and understood these Terms; and
(b) that these Terms have the same force and effect as a signed
agreement.
XVI. Contact
Information
If
you have any questions regarding these Terms or the Site, please
contact Company at contact@northernclicks.com,
or by writing to:
10400 Overland Rd. #307
Boise, ID 83709