ClickStart Intermeida Inc. Policies and Terms
ClickStart Web Design & Web Hosting - Terms Of Service Agreement
By approving and activating a website hosted with CLICKSTART INTERMEDIA INC., you agree to be bound by this Terms of Service agreement ("TOS"). As a CLICKSTART website user ("User"), you agree to the terms and conditions specified hereinafter by CLICKSTART INTERMEDIA INC. ("CLICKSTART").
1. You hereby acknowledge that CLICKSTART is not responsible for the content or maintenance of your web site(s) nor is CLICKSTART responsible for order entry, fulfillment, payment processing, shipping, cancellations, returns or customer service concerning orders placed on your web site(s). You represent, warrant and covenant that: (i) all information you provide in connection with this TOS and on your web site(s) is, and will be updated to remain, current, fair and accurate.
2. You warrant that you will not use CLICKSTART for any purpose that is unlawful, or prohibited by the TOS (as the same may be modified from time to time). In addition, you may not link CLICKSTART to any site containing inappropriate, profane, defamatory, infringing, obscene, indecent or unlawful topic, name, material or information, or material or information that violates any applicable intellectual property, proprietary, privacy or publicity rights.
3. CLICKSTART reserves the right, but is not obligated, to review materials posted to CLICKSTART web site and to remove any such materials in its sole discretion. CLICKSTART reserves the right to terminate your access to any or all of the services provided by CLICKSTART at any time without notice for any reason whatsoever.
4. CLICKSTART may terminate this agreement and your access to any or all of CLICKSTART and the related services at any time, with or without cause, effective immediately. Anyone determined by CLICKSTART to have violated the TOS may be barred from using a CLICKSTART website, or from receiving any products, services or benefits from CLICKSTART.
5. Your access to and use of CLICKSTART, and products and services of CLICKSTART, is at your own risk. CLICKSTART will not be liable for any damage, loss or disclosure of information, data, revenue, accounts or business that occurs in connection with your use of the CLICKSTART, or such products or services. CLICKSTART makes no guarantees of any kind regarding the dependability, accuracy, security, timeliness or availability of the CLICKSTART, or such products or services.
6. Without limiting the foregoing, CLICKSTART MAKES NO REPRESENTATIONS OR WARRANTIES ABOUT THE CONDITION, SUITABILITY, RELIABILITY, AVAILABILITY, COMPLETENESS, SECURITY, TIMELINESS, OR ACCURACY OF THE INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND MATERIALS CONTAINED ON CLICKSTART FOR ANY PURPOSE. ALL SUCH INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND MATERIALS ARE PROVIDED AS IS; WITHOUT WARRANTY OF ANY KIND. CLICKSTART and/or RESPECTIVE SUPPLIERS HEREBY DISCLAIM ALL REPRESENTATIONS, WARRANTIES AND CONDITIONS, EXPRESS OR IMPLIED, WITH REGARD TO THIS INFORMATION, SOFTWARE, PRODUCTS, SERVICES OR MATERIALS, INCLUDING ALL IMPLIED WARRANTIES AND CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT.
7. IN NO EVENT SHALL CLICKSTART BE LIABLE FOR ANY DIRECT, INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES OR ANY DAMAGES WHATSOEVER INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF USE, DATA OR PROFITS, ARISING OUT OF OR IN ANY WAY CONNECTED WITH THE USE OR PERFORMANCE OF CLICKSTART OR RELATED SERVICES, WITH THE DELAY OR INABILITY TO USE CLICKSTART OR RELATED SERVICES, THE PROVISION OF OR FAILURE TO PROVIDE SERVICES, OR FOR ANY INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS OBTAINED THROUGH CLICKSTART, OR OTHERWISE ARISING OUT OF THE USE OF CLICKSTART , WHETHER BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY OR OTHERWISE, EVEN IF CLICKSTART AND/OR SUPPLIERS HAVE BEEN ADVISED OF THE POSSIBILITY OF DAMAGES. BECAUSE SOME STATES/JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, THE ABOVE LIMITATION MAY NOT APPLY TO YOU. IF YOU ARE DISSATISFIED WITH ANY PORTION OF CLICKSTART , OR WITH ANY OF THESE TERMS OF SERVICE, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USING CLICKSTART AND ITS RELATED SERVICES.
8. You agree to defend, indemnify and hold CLICKSTART harmless from and against any and all claims, losses, liability costs and expenses (including but not limited to attorneys' fees) arising from your violation of these TOS, or any third-party's rights, (including, without limitation, infringement of any copyright, violation of any proprietary right and invasion of any privacy rights). These obligations will survive any termination of your relationship with CLICKSTART.
9. CLICKSTART reserves the right to disclose any information or materials as necessary to satisfy any applicable law, regulation, legal process or governmental request, or to edit, refuse to post or to remove any information or materials, in whole or in part, at CLICKSTART's sole discretion.
10. CLICKSTART reserves the right to change the TOS at anytime, effective upon making the modified provisions available on this page. You are responsible for regularly reviewing these terms and conditions. Continued use of the CLICKSTART user account after any such changes shall constitute consent to such changes. CLICKSTART does not and will not assume any obligation to notify you of any changes to the TOS.
11. This agreement is governed by the laws of the state of Iowa. You hereby consent to the jurisdiction of and venue in courts located in the state of Iowa in all disputes arising out of or relating to the use of CLICKSTART. In addition, you hereby consent to the exclusive jurisdiction of and venue in such courts for any action commenced by you against CLICKSTART (or its affiliates). Use of CLICKSTART is unauthorized in any jurisdiction that does not give effect to all provisions of these terms and conditions, including without limitation this paragraph. You agree that no joint venture, partnership, employment, or agency relationship exists between you and CLICKSTART as a result of this agreement or use of CLICKSTART. CLICKSTART's performance of this agreement is subject to existing laws and legal process, and nothing contained in this agreement is in derogation of CLICKSTART's right to comply with governmental, court and law enforcement determined to be invalid or unenforceable pursuant to applicable law including, but not limited to, the warranty disclaimers and liability limitations set forth above, then the invalid or unenforceable provision will be deemed superseded by a valid, enforceable provision that most closely matches the intent of the original provision and the remainder of the agreement shall continue in effect.
12. Unless otherwise specified herein, this agreement constitutes the entire agreement between the you and CLICKSTART with respect to the CLICKSTART and it supersedes all prior or contemporaneous communications and proposals, whether electronic, oral or written, between the you and CLICKSTART with respect to CLICKSTART. A printed version of this agreement and of any notice given in electronic form shall be admissible in judicial or administrative proceedings based upon or relating to this agreement to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form. You may not rent, lease, license, grant a security interest in, or otherwise transfer or sublicense your rights in CLICKSTART, service to any third party.