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Terms of Service

Terms of Service

 

Last updated 7/8/2024

Version 1.0

CLK CLK, Inc. 

735 North Water Street, Suite 930

Milwaukee, WI 53202

United States of America

 

clkclk - Terms of Service

 

This Terms and Conditions and/or “Terms of Service” and/or “TOS” and or “Agreement” is a legal agreement between You (an entity or person) (“You”) and CLK CLK, Inc., a Nevada corporation (here forth referred to as “clkclk”), that governs your limited, non-exclusive, terminable right to use the clkclk.com website and related services (“Site”), the mobile apps, the servers the site is stored on, the computer files stored on that server (collectively, the “Service”). 

 

By clicking on the “Accept” button/checking the checkbox on the signup page, or otherwise using the Service, You agree to be bound by the terms of this Agreement. 

 

PLEASE READ THIS AGREEMENT CAREFULLY TO ENSURE THAT YOU UNDERSTAND EACH PROVISION. THIS AGREEMENT CONTAINS A MANDATORY INDIVIDUAL ARBITRATION AND CLASS ACTION/JURY TRIAL WAIVER PROVISION THAT REQUIRES THE USE OF ARBITRATION ON AN INDIVIDUAL BASIS TO RESOLVE DISPUTES, RATHER THAN JURY TRIALS OR CLASS ACTIONS. IF YOU REGISTER FOR A DISCOUNTED FIRST MONTH TRIAL OF OUR SERVICE, THESE TERMS WILL ALSO GOVERN THAT DISCOUNTED TRIAL. IF YOU DO NOT AGREE TO THESE TERMS, YOU MUST NOT CLICK ACCEPT AND CANNOT USE THE SERVICES. YOU ACKNOWLEDGE THAT YOU HAVE READ THIS AGREEMENT, UNDERSTAND IT, AND AGREE TO BE BOUND BY ITS TERMS AND CONDITIONS.

 

We respect the privacy and security of our Users. You understand that by using our Services, you give consent to the collection, use, and disclosure of your personally identifiable information as well as any non-personally identifiable information.

You affirm that you are more than 18 years of age and are fully able and competent to enter into the terms, conditions, obligations, affirmations, representations, and warranties set forth in these Terms of Service, and to abide by and comply with these Terms of Service. If you are under 18 years of age, then please do not use our website or our Service.

 

By connecting to us with a third-party service (CRMs and Integration in general for e.g, QuickBooks Online, Square, or Clover, or any other we have), you give us permission to access and use your information from that service as permitted by that third-party service, to present the information stored in that service to better display information on your clkclk account, and to store your log-in credentials for that third-party service. The Service is not available to any User who has been removed from the Service by us.

 

CUSTOMER’S RIGHT TO USE THE SERVICES IS EXPRESSLY CONDITIONED ON ACCEPTANCE OF THESE TERMS. BY CLICKING ON THE “ACCEPT” BUTTON AND/OR USING THE SERVICES, YOU ARE UNCONDITIONALLY CONSENTING TO BE BOUND BY AND ARE BECOMING A PARTY TO THE TERMS OF THIS AGREEMENT. IF YOU ARE ACCESSING THE SERVICES ON BEHALF OF YOUR EMPLOYER OR ANOTHER ENTITY, YOU REPRESENT AND WARRANT THAT YOU HAVE THE AUTHORITY TO AGREE TO THESE TERMS ON ITS BEHALF. IF YOU DO NOT HAVE SUCH AUTHORITY, OR IF YOU DO NOT AGREE WITH THESE TERMS AND CONDITIONS, YOU MUST NOT ACCEPT THIS AGREEMENT AND MAY NOT USE THE SERVICES.

 

1. DEFINITIONS

 

Subject to all terms and conditions of this Agreement, clkclk will use commercially reasonable efforts to provide the Services. clkclk may provide the Services to Customers directly, or indirectly using other third party vendors or service providers. Use of the Services by Customer shall not unreasonably interfere with use of the Services by other clkclk customers. 

 

  • “Confidential Information” means all trade secrets, know-how, inventions, developments, software and other financial, business or technical information disclosed by or for a party in relation to this Agreement, but not including any information the receiving party can demonstrate is (a) already rightfully known by it without restriction, (b) rightfully furnished to it by a third party without restriction and without breach of any obligation to the disclosing party, (c) generally available to the public without breach of this Agreement or (d) independently developed by it without reliance on the Confidential Information of the disclosing party. All pricing information is clkclk’s Confidential Information.

 

  • “Plan” means clkclk’s free or any paid plans, as applicable and as further described on clkclk’s website available at: https://www.clkclk.com/pricing

  • “Services” means the services hosted by clkclk and provided by Customer under this Agreement. 

  • “Systems” means servers, software, networks, modems, computers, and communications equipment and similar services that are owned, controlled, or procured by Customer. 

  • “Updates” means any patch, revision, or update to the Services delivered by clkclk. 

 

2. SERVICES

 

Subject to the terms and conditions of this Agreement, clkclk will use commercially reasonable efforts to provide the Services. Clkclk may provide the Services to Customer directly, or indirectly using other third party vendors or service providers. User of the Services by Customer shall not unreasonably interfere with the use of the Services by other clkclk customers. 

 

2.1 Security Measures

 

Customer, Customer Admins and Customer appointed Users may access the Services as clkclk instructs through a combination of one or more keywords, usernames, email address(es), phone number, passwords, usernames (employee codes), etc. 

 

2.2 Passwords

 

Customer shall take full responsibility and liability for the security of each of its user names and passwords (including, without limitation, those assigned to its Admins and Users), and shall be solely responsible for all use of the Services through such user names or passwords. Customer agrees to immediately notify clkclk of any unauthorized use of the Services or any other breach of security known to Customer.

 

2.3 Prohibited Uses

 

As a condition of use of the Services, You promise not to use the Services for any purpose that is prohibited by these Terms.

 

By way of example, and not as a limitation, You shall not (and shall not permit any Admin or User to) upload, download, post, submit or otherwise distribute or facilitate distribution of any Content on or through the Services, that:

 

Infringes any patent, trademark, trade secret, copyright, right of publicity or other right of any other person or entity; is unlawful, threatening, abusive, harassing, defamatory, libelous, deceptive, fraudulent, invasive of another’s privacy, tortious, obscene, offensive, vulgar, pornographic, profane, contains or depicts nudity, contains or depicts sexual activity, or is otherwise inappropriate, as determined by clkclk in its sole discretion; or contains software viruses or any other computer codes, files, or programs that are designed or intended to disrupt, damage, limit or interfere with the proper function of any software, hardware, or telecommunications equipment or to damage or obtain unauthorized access to any system, data, password or other information of clkclk or any third party.

 

Additionally, You shall not (directly or indirectly) or permit any third party to: (a) interfere or attempt to interfere with the proper working of the Services or any activities conducted on the Services; (b) use any robot, spider, site search/retrieval application or other manual or automatic device to retrieve, index, “scrape”, “data mine” or in any way gather information, or other materials from Services or reproduce or circumvent the navigational structure or presentation of Services; (c) decipher, decompile, disassemble, reverse engineer or otherwise attempt to derive any source code or underlying ideas or algorithms of any part of the Services, except to the limited extent applicable laws specifically prohibit such restriction, (d) use any of clkclk’s Confidential Information to create any software, documentation or service that is similar to the Services or any documentation provided in connection therewith; (e) modify, translate, or otherwise create derivative works of any part of the Services, (f) copy, license, sublicense, sell, resell, encumber, rent, lease, time-share, distribute, transfer or otherwise use or exploit or make available the Services in any service bureau arrangement or otherwise for the benefit of any third party without the prior written consent of clkclk. You shall abide by all applicable local, state, national and international laws and regulations, including, without limitation, any export control laws or regulations of the United States of America or any other relevant jurisdiction. Finally, you must be a human. Access to the Services by “bots” or other automated methods is not permitted.

 

2.4 Changes

 

clkclk reserves the right to modify or discontinue any Services or Plan (in whole or in part) at any time by giving at least 30 days’ notice to Customer.

 

2.5 Limitations

 

clkclk will not be responsible or liable for any failure in the Services resulting from or attributable to (a) Customer’s Systems, (b) network, telecommunications or other service or equipment failures outside of clkclk’s facilities, (c) Customer’s or third party’s products, services, negligence, acts or omissions, (d) any force majeure or cause beyond clkclk’s reasonable control, (e) scheduled maintenance or (f) unauthorized access, breach of firewalls or other hacking by third parties.

 

2.6 Systems

 

Customer shall obtain and operate all Systems needed to connect to, access or otherwise use the Services, and provide all corresponding backup, recovery and maintenance services. Customer shall ensure that all Systems are compatible with the Services. Customer shall maintain the integrity and security of its Systems (physical, electronic and otherwise).

 

3. QUALITY AND MAINTENANCE 

 

  • clkclk will use reasonable, best faith efforts to provide the clkclk Service with minimum disruptions. However, clkclk cannot guarantee that the Service will always function uninterrupted, delays, or other imperfections. Since the clkclk Service will be transmitted through public internet, there may be power outages or internet service disruptions and You may experience some disruptions, e.g. packet loss, and delay, which will interfere with the quality of Your communications and experience. 

  • clkclk may change technical features in order to keep pace with the latest demands and technological developments or to comply with any Applicable Laws. clkclk may also have to repair, improve, and/or upgrade the clkclk Service and this may require us to restrict, limit, suspend, interfere and/or interrupt the Service at any time at our sole discretion.

  • clkclk shall have no obligation to provide Updates, except that clkclk will provide Customer with any Update that it makes generally available without charge to its similar customers.

 

4. LIMITED LICENSE

 

clkclk grants You a limited, revocable, non-exclusive, non-transferable license to use the Service for Your own individual, enterprise, and limited commercial use subject to the other terms of this Agreement.

 

  • You agree not to resell the Service without prior written permission from clkclk.

  • You may not modify, reverse engineer, decompile or disassemble any part of the Service.

  • You may not copy, adapt, alter, modify, translate, or create derivative works of the Service without the written authorization of clkclk.

  • You may not use the Service for illegal purposes or for the transmission of material that is unlawful, harassing, invasive of another’s privacy, libelous, abusive, obscene threatening or that infringes on the rights or intellectual property of others.

  • You may not permit other individuals to use the Service, including but not limited to shared use via a network connection, except under the terms of this Agreement.

  • You may not rent, lease, loan, sublicense, distribute, or otherwise transfer rights to the Service.

  • You may not disable or circumvent or any technological features or measures in the Service for the protection of intellectual property rights.

  • You may not use the Service in an attempt to, or in conjunction with, any device, program, or service designed to circumvent technological measures employed to control access to, or the rights in, a content file or other work protected by the copyright law any jurisdiction.

  • Any such forbidden use shall immediately terminate Your license to the Service.

 

5. PROPRIETARY RIGHTS

 

5.1 Customer Data

 

As between the parties, Customer shall own all Customer Data. clkclk shall not disclose to third parties or use any Customer Data except as reasonably necessary to provide the Services or to comply with any legal, regulatory or similar requirement or investigation. Notwithstanding the foregoing, clkclk may use Customer Data, as combined with other clkclk customers’ data, to improve and/or market the Services. Customer hereby grants clkclk a nonexclusive and royalty-free right and license to use the Customer Data solely for the purposes described above. Customer agrees to indemnify and hold clkclk harmless from all claims, damages, liabilities, losses, costs and expenses (including attorneys’ fees) arising out of any use or disclosure of Customer Data in connection with the provision of Services or to comply with any legal, regulatory or similar requirement or investigation. Customer agrees to create archival copies or backup copies of all Customer Data.

 

5.2 No Implied License

 

Except for the limited rights and licenses expressly granted hereunder, no other license is granted, no other use is permitted and clkclk (and its licensors) shall retain all rights, title and interest in and to the Services (including all intellectual property and proprietary rights embodied therein). Customer shall not take any action inconsistent with such rights.

 

5.3 Trademark

 

Customer shall not alter, obscure or remove any printed or on-screen trademark, patent legend or other proprietary or legal notice.

 

6. CONFIDENTIALITY

 

6.1 Confidentiality

Except for the specific rights granted by this Agreement, the receiving party shall not use or disclose any of the other’s Confidential Information without its written consent, and shall use reasonable care to protect the other’s Confidential Information, including ensuring that its employees and contractors with access (a) have a need to know for the purposes of this Agreement and (b) are bound by obligations of confidentiality at least as protective as those provided herein. Each party shall be responsible for any breach of confidentiality by its employees and contractors. Promptly after any termination of this Agreement (or at the disclosing party’s request at any other time), the receiving party shall return all of the other’s tangible Confidential Information, permanently erase all Confidential Information from any storage media and destroy all information, records and materials developed therefrom. Notwithstanding the foregoing, clkclk may retain and use Customer Data, as combined with other clkclk customers’ data, solely to improve and/or market the Services, even after termination of the provision of Services to You. Each party may disclose only the general nature, but not the specific terms, of this Agreement without the prior consent of the other party; provided, either party may provide a copy of this Agreement or otherwise disclose its terms in connection with any financing transaction or due diligence inquiry.

 

6.2 Compelled Disclosure

 

Nothing herein shall prevent a receiving party from disclosing any Confidential Information as necessary pursuant to any court order, lawful requirement of a governmental agency or when disclosure is required by operation of law (including disclosures pursuant to any applicable securities laws and regulations); provided, that prior to any such disclosure, the receiving party shall use reasonable efforts to (a) promptly notify the disclosing party in writing of such requirement to disclose and (b) cooperate with the disclosing party in protecting against or minimizing any such disclosure or obtaining a protective order.

 

7. BILLING, PLAN CHANGE, AND REFUND POLICY

 

  • You authorize clkclk to charge and/or place a hold on your credit card with respect to any unpaid charges related to the Services. You authorize the issuer of the credit card to pay any amounts described herein without requiring a signed receipt, and You agree that Your acceptance of this Agreement is authorization to the issuer of the credit card to pay all such amounts.

  • You authorize clkclk and/or any other company acting as billing agent for clkclk to charge Your credit card or ACH on a recurring monthly basis on the monthly anniversary of Your initial registration for a paid clkclk plan and to continue to attempt to charge and/or place holds with respect to all sums described herein, or any portion thereof, to Your credit card until such amounts are paid in full.

  • You will provide clkclk with updated credit card or ACH information upon clkclk’s request and any time the information You previously provided is no longer valid. You are solely responsible for maintaining and updating the credit card or ACH information. clkclk is not liable for any non-sufficient funds or other charges incurred by You as a result of such attempts to charge, and/or place holds on, Your credit card. If You mistakenly provide a debit card number, instead of a credit card number, You authorize all charges described herein to be applied to such debit card unless and until You provide a credit card number.

  • For our subscription plans, monthly, quarterly or annual fees will be charged directly to the credit card or ACH You provide to us as specified in our pricing plans found at Pricing Page. 

  • Renewal. Your subscription to the Services will renew automatically for a Subscription Term equivalent in length to the then expiring Subscription Term. Unless otherwise provided for in any Form, the Subscription Charges applicable to Your subscription to the Services for any such subsequent Subscription Term shall be Our standard Subscription Charges for the Service Plan to which You have subscribed as of the time such subsequent Subscription Term commences. You acknowledge and agree that, unless You terminate Your Account in accordance with Section 11, Your credit card will be charged automatically for the applicable Subscription Charges.

  • We may use a third-party service provider to manage credit card and other payment processing. You must notify Us of any change in Your credit card or other payment account information, either by updating Your Account or by emailing Us at support@clkclk.com

  • Refunds. Unless otherwise specified in these Terms or a Form or a Service Plan, all Subscription Charges are nonrefundable. No refunds shall be issued for partial use or non-use of the Services by You.

  • Applicable Taxes: Unless otherwise stated, the Subscription Charges do not include any taxes, levies, duties or assessments, including value-added, sales, use or withholding taxes assessable by any local, state, provincial or foreign jurisdiction (collectively “Taxes”). You are responsible for paying the Taxes that would be levied against You by government authorities. We will invoice You for such Taxes if We believe We have a legal obligation to do so and You agree to pay such Taxes if so invoiced.

 

8. LIMITED WARRANTY AND DISCLAIMERS

 

8.1 Limited Warranty

 

clkclk warrants that it will provide the Service in a manner consistent with general industry standards reasonably applicable to the provision thereof. Notwithstanding the foregoing, clkclk.com may be temporarily unavailable, for example, when deemed reasonably necessary or prudent by clkclk to repair, maintain or upgrade the Service or for causes beyond clkclk’s reasonable control. clkclk will notify Customer at least 48 hours in advance of any known planned Paid Version-related outages.

 

8.2 Disclaimers

 

Except as specifically provided herein, the services are provided “as is” without warranty of any kind. clkclk does not warrant that the services will meet customer’s requirements or that their operation will be uninterrupted or error-free. To the fullest extent permitted by law, clkclk hereby disclaims (for itself and its suppliers) all other warranties, whether express or implied, oral or written, with respect to the services including, without limitation, all implied warranties of title, non-infringement, quiet enjoyment, integration, merchantability or fitness for any particular purpose and all warranties arising from any course of dealing, course of performance or usage of trade.

 

9. LIMITATION OF LIABILITY

 

In no event shall either party (or its suppliers) be liable concerning the subject matter of this agreement, regardless of the form of any claim or action (whether in contract, negligence, strict liability or otherwise), for any (a) matter beyond its reasonable control (including any error or damage attributable to any network or system), (b) loss or inaccuracy of data, loss or interruption of use, or cost of procuring substitute technology, goods or services, (c) indirect, punitive, incidental, reliance, special, exemplary or consequential damages including, but not limited to, loss of business, revenues, profits or goodwill, or (d) direct damages, in the aggregate, in excess of the amounts paid to clkclk hereunder with respect to the services that gave rise to the claim during the twelve-month period prior to the date the cause of action arose, even if such party has been advised of the possibility of such damages. These limitations are independent from all other provisions of this agreement and shall apply notwithstanding the failure of any remedy provided herein.

 

In no event will we, our directors, employees, contractors, or agents be liable to you or any third party for any direct, indirect, consequential, exemplary, incidental, special, or punitive damages, including lost profit, lost revenue, loss of data, or other damages arising from your use of the Service, even if you have been advised of the possibility of such damages. 

 

You agree to indemnify and hold CLK CLK, Inc. and its owners, members, employees, and contractors harmless from and against any loss, damage, liability, claim, or demand.

 

10. SUSPENSION AND TERMINATION OF LICENSE

 

  • We shall not be liable to You or any other third party for suspension or termination of Your Account or access to and use the Services if such suspension or termination is in accordance with this Agreement.

  • Suspension and Termination by Us: In addition to suspension for late payment or non-payment of Subscription Charges, We may suspend Your access to and use of Your Account or the Services if You are in violation of the Agreement. We will notify You of Your activities that violate these Terms and, at Our sole discretion, provide You with a period of fifteen (15) days (“Cure Period”) to cure or cease such activities. If You do not cure or cease such activities within said Cure Period or if We believe that Your breach of these Terms cannot be cured, Your Account shall be terminated.

  • Termination by You: To close your account and stop billing, You may terminate Your Account by writing to support@clkclk.com or closing via Settings page in clkclk.com

  • Effect of Terminating Your Account:

    • If you delete your account, your data will be deleted and removed from the database and will not be recoverable under regular operations. We reserve the right to delete all Your Data in the normal course of operation. Your Data cannot be recovered once it is deleted. Please note that some of your content, data, information, text, files might remain in our backups for a period not exceeding three months.

    • If you halt payment, we will retain data for 30 days after Plan cancellation. Data may be deleted as described above after 180 days. 

 

11. LINKS TO OTHER SITES AND/OR MATERIALS

 

As part of the Service, we may provide you with links to a third-party website(s) (“Third Party Sites”) as well as content or items belonging to or originating from third parties (the “Third Party Applications, Software or Content”). These links are provided as a courtesy to Service subscribers. We have no control over Third Party Sites or Third Party Applications, Software or Content or the promotions, materials, information, goods or services available on these Third Party Sites or Third Party Applications, Software or Content. Such Third-Party Sites and Third Party Applications, Software or Content are not investigated, monitored or checked for accuracy, appropriateness, or completeness, and we are not responsible for any Third Party Sites accessed through the Site or any Third Party Applications, Software or Content posted on, available through or installed from the Site, including the content, accuracy, offensiveness, opinions, reliability, privacy practices or other policies of or contained in the Third Party Sites or the Third Party Applications, Software or Content. Inclusion of, linking to or permitting the use or installation of any Third Party Site or any Third Party Applications, Software or Content does not imply our approval or endorsement. If you decide to leave the Site and access the Third Party Sites or to use or install any Third Party Applications, Software or Content, you do so at your own risk and you should be aware that our terms and policies, including these Terms of Service, no longer govern. You should review the applicable terms and policies, including privacy and data gathering practices, of any Third Party Site to which you navigate from the Site or relating to any applications you use or install from the Third Party Site.




 

12. PROTECTION OF DATA

 

clkclk will maintain administrative, physical, and technical safeguards for protection of the security, confidentiality, and integrity of your data.

 

List of Processors:

 

  • Amazon Web Services (AWS)

  • Stripe

  • Sendgrid

  • Google (Gmail)

  • Twilio

  • Google (Google Analytics)

 

13. ACCOUNT ACCESS

 

In some cases, it is necessary for clkclk employees to access your account and content in order to diagnose a problem. When you contact our support team, it is implied that you are allowing clkclk employees to access your account if necessary, in order to be helpful. If you wish to receive assistance without granting permission to your account, please specify as much in your communication with our support team and those requests will be honored to the extent possible.

 

14. DIGITAL MILLENNIUM COPYRIGHT ACT

 

14.1 General Policy

 

clkclk has adopted the following general policy toward copyright infringement in accordance with the Digital Millennium Copyright Act. The address of Company’s Designated Agent to Receive Notification of Claimed Infringement (“Designated Agent”) is listed at the end of this Section. It is clkclk’s policy to (a) block access to or remove Content that it believes in good faith to be copyrighted material that has been illegally copied and distributed by any of its affiliates, providers, or users; and (b) remove and discontinue service to repeat offenders.

 

14.2 Procedure for Reporting Copyright Infringement

 

If You believe that Content residing on or accessible through the clkclk web site or Services infringes a copyright, please send a notice of copyright infringement containing the following information to the Designated Agent listed below:

 

  • A physical or electronic signature of a person authorized to act on behalf of the owner of the copyright that has been allegedly infringed;

  • Identification of works or materials being infringed;

  • Identification of the Content that is claimed to be infringing including information regarding the location of the Content that the copyright owner seeks to have removed, with sufficient detail so that clkclk is capable of finding and verifying its existence;

  • Contact information about the notifier including address, telephone number and, if available, e-mail address;

  • A statement that the notifier has a good faith belief that the Content is not authorized by the copyright owner, its agent, or the law; and

  • A statement made under penalty of perjury that the information provided is accurate and the notifying party is authorized to make the complaint on behalf of the copyright owner.

 

14.3 Once Proper Infringement Notification is Received by The Designated Agent

 

It is clkclk’s policy:

 

  • To remove or disable access to the infringing Content;

  • To notify the Content provider or user that it has removed or disabled access to the Content; and

  • That repeat offenders will have the infringing Content removed from the system and that clkclk will terminate such provider or user’s access to the Services.

 

14.4 Procedure to Supply A Counter-Notice to the Designated Agent

 

If the Content provider, or user believes that the Content that was removed or to which access was disabled is either not infringing, or the Content provider or user believes that it has the right to post and use such Content from the copyright owner, the copyright owner’s agent, or pursuant to the law, the Content provider or user must send a counter-notice containing the following information to the Designated Agent listed below:

 

  • A physical or electronic signature of the Content provider or user;

  • Identification of the Content that has been removed or to which access has been disabled and the location at which the Content appeared before it was removed or disabled;

  • A statement that the Content provider or user has a good faith belief that the Content was removed or disabled as a result of mistake or a misidentification of the Content; and

  • Content provider’s or user’s name, address, telephone number, and, if available, e-mail address and a statement that such person or entity consents to the jurisdiction of the Federal Court for the judicial district in which the Content provider’s or user’s address is located, or if the Content provider’s or user’s address is located outside the United States, for any judicial district in which clkclk is located, and that such person or entity will accept service of process from the person who provided notification of the alleged infringement.

 

If a counter-notice is received by the Designated Agent, clkclk may send a copy of the counter-notice to the original complaining party informing that person that it may replace the removed Content or cease disabling it in 10 business days. Unless the copyright owner files an action seeking a court order against the Content provider or user, the removed Content may be replaced, or access to it restored, in 10 to 14 business days or more after receipt of the counter-notice, at clkclk’s discretion.

 

14.5 Receive Notification of Claimed Infringement

 

Please contact clkclk to Receive Notification of Claimed Infringement at:

 

CLK CLK, Inc. 

735 North Water Street, Suite 930

Milwaukee, WI 53202

United States of America



 

15. EMAIL MAY NOT BE USED TO PROVIDE NOTICE

 

Communications made through the Service’s email and messaging system will not constitute legal notice to the Site, the Service, or any of its officers, employees, agents, or representatives in any situation where legal notice is required by contract or any law or regulation.

 

16. USER CONSENT TO RECEIVE COMMUNICATIONS IN ELECTRONIC FORM

 

For contractual purposes, you: (a) consent to receive communications from us in an electronic form via the email address you have submitted; and (b) agree that all Terms of Service, agreements, notices, disclosures, and other communications that we provide to you electronically satisfy any legal requirement that such communications would satisfy if it were in writing. The foregoing does not affect your non-waivable rights. We may also use your email address to send you other messages, including information about the Site or the Service and special offers. You may opt-out of such email by changing your account settings, using the “Unsubscribe” link in the message, or by sending an email to support@clkclk.com or mail to the following postal address:

 

CLK CLK, Inc.

735 North Water Street, Suite 930

Milwaukee, WI 53202

United States of America

 

Opting out may prevent you from receiving messages regarding the Site, the Service, or special offers.

 

17. GENERAL PROVISIONS

 

If any part of this Terms of Service agreement is held or found to be invalid or unenforceable, that portion of the agreement will be construed as to be consistent with applicable law while the remaining portions of the agreement will remain in full force and effect. Any failure on our part to enforce any provision of this agreement will not be considered a waiver of our right to enforce such provision. Our rights under this agreement survive any transfer or termination of this agreement.

 

You agree that any cause of action related to or arising out of your relationship with clkclk must commence within ONE year after the cause of action accrues. Otherwise, such a cause of action is permanently barred.

 

17.1 Governing Law

 

This Agreement shall be governed by and construed in accordance with the laws of the State of Wisconsin, USA, without regard to its conflicts of law provisions. Neither the United Nations Convention on Contracts for the International Sale of Goods nor any enactment of the Uniform Computer Information Transactions Act shall apply to this Agreement. The sole jurisdiction and venue for actions related to this Agreement will be the state or federal courts located in California having jurisdiction over clkclk’s offices, and both parties consent to the jurisdiction of such courts with respect to any such action. In any action or proceeding to enforce or interpret this Agreement, the prevailing party will be entitled to recover from the other party its costs and expenses (including reasonable attorneys’ fees) incurred in connection with such action or proceeding and enforcing any judgment or order obtained.

 

17.2 Remedies

 

Except as specifically provided otherwise, each right and remedy in this Agreement is in addition to any other right or remedy, at law or in equity. Each party agrees that, in the event of any breach or threatened breach of Section 5, the non-breaching party may suffer irreparable damage for which it may have no adequate remedy at law. Accordingly, the non-breaching party shall be entitled to seek injunctive and other equitable remedies to prevent or restrain such breach or threatened breach, without the necessity of posting any bond.

 

17.3 Assignment

 

This Agreement and the rights and obligations hereunder may not be assigned, in whole or in part, by either party without the other party’s written consent (which shall not be unreasonably withheld). However, without consent, either party may assign this Agreement to any successor to all or substantially all of its business which concerns this Agreement (whether by sale of assets or equity, merger, consolidation or otherwise). Any attempted transfer in violation hereof will be void and of no effect. This Agreement shall be binding upon, and inure to the benefit of, the successors, representatives and permitted assigns of the parties hereto.

 

17.5 Independent Contractors

 

The parties shall be independent contractors under this Agreement, and nothing herein will constitute either party as the employer, employee, agent or representative of the other party, or both parties as joint ventures or partners for any purpose.

 

Contact Information

 

If you have any questions or comments about this Terms of Service, please contact us via one of the options below:

 

By emailing us at support@clkclk.com

By post:

CLK CLK, Inc.

Attn: clkclk 

735 North Water Street, Suite 930

Milwaukee, WI 53202

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