MyLinkClick.com Terms of Service and Website Access and Usage
This website is owned and operated by MyLinkClick.com. MyLinkClick.com may provide you, (the “User” or “you”), with access to its content, resources, tools for communication, public forums, commerce platforms, and other services through its network of websites (“The Service”). MyLinkClick.com provides the Service to the User, subject to the following Terms of Service, which you accept by accessing MyLinkClick.com websites.
This Agreement contains a binding arbitration agreement, which provides that you and we agree to resolve certain disputes through binding individual arbitration and give up any right to have those disputes decided by a judge or a jury. You have the right to opt out of our agreement to arbitrate.
MyLinkClick.com is not responsible for providing you access facilities or equipment (in any form) to its service. You, the User, also comprehend and agree that the Service may include advertisements and sponsorships and that these are necessary for MyLinkClick.com to provide the Service. You also comprehend and agree that MyLinkClick.com makes no warranty or representation about the suitability, reliability, availability, timeliness, accuracy of the information, products, services and related graphics contained within The Service for any purpose. The Service is provided “as is” without warranty of any kind. MyLinkClick.com hereby disclaims all warranties and conditions with regard to the Service.
ELIGIBILITY
Use of the Service is limited to parties that lawfully can enter into and form contracts under applicable law. For example, minors are not allowed to use the Service. You must be 18 years or older to use our services. If you are younger, you must immediately navigate away from this web site.
ACKNOWLEDGMENT AND ACCEPTANCE OF TERMS OF SERVICE
By using the Services or otherwise accessing the MyLinkClick.com websites, you agree to be bound by all terms and conditions hereof and all policies and guidelines incorporated by reference. The Service is provided to you, the User, under the terms and conditions and any amendments thereto and any operating rules or policies that may be published from time to time by MyLinkClick.com as part of the Terms of Service/Legal Disclaimer and related disclosures which are cumulatively included herein by reference. The MyLinkClick.com Terms of Service comprises the entire agreement between the User and MyLinkClick.com as pertaining to the Services and supersedes any prior agreements pertaining to the subject matter contained herein.
MODIFICATION OF THESE TERMS OF USE
MyLinkClick.com reserves the right to change any of the terms, conditions, and notices under which the Services are offered. You are responsible for regularly reviewing these terms and conditions, including changes/modifications if any incorporated by us from time to time. Your continued use of the Service constitutes your agreement to all such terms, conditions, and notices.
MODIFICATION TO THE SERVICE
MyLinkClick.com reserves the right to modify or discontinue, temporarily or permanently, the Service (or any part of the Service) with or without notice to the User at any time and from time to time. The User agrees that MyLinkClick.com shall not be liable to the User or any third party for any modification or discontinuance of the Service.
USER CONDUCT
As a condition of your use of the Service you, the User, agree to provide: (a) true, accurate, current and complete information about yourself as required; and, (b) maintain and promptly update the Registration Information to keep it accurate, current and complete. If you provide any information that is untrue, inaccurate, not current or incomplete, MyLinkClick.com has the right to terminate the User account and refuse any and all current or future use of the Service. MyLinkClick.com has the right to use / disclose the aggregate registration information to third parties in connection with marketing of services, subject to the privacy policy. You have also consented to MyLinkClick.com having the right to use your Registration Information to provide targeting of advertising and other service offers. This could also be used to customize the content you see, to fulfill your requests for certain products and services and to contact/inform you through e-mail or otherwise about special offers or new products.
USAGE OBLIGATIONS
As a condition of your use of the Service you will not use the Service for any illegal purposes. You will be solely responsible for the contents of transmissions made by you through the Service.
You agree not to use the Service to: (a) Obstruct or hinder the use and enjoyment of the Service by other Users; (b) Violate any applicable local, state, national, and international laws and regulations; (c) Impersonate any person or entity, or falsely state or otherwise misrepresent your affiliation with a person or entity; (d) Interfere with or disrupt the Service or servers or networks connected to the Service, or defy any requirements, regulations or guidelines of networks connected to the Service; (e) Transmit or otherwise make available any material in connection with surveys, chain letters, junk e-mail, spamming, contests, pyramid schemes, or any duplicative or unsolicited messages (commercial or otherwise); (f) Upload, post, e-mail, transmit or otherwise make available any content that is unlawful, damaging, intimidating, hostile, offensive, harassing, defamatory, improper, obscene, vulgar, invasive of another’s privacy, caste related, ethnically or otherwise objectionable; (g) Upload, post, e-mail, transmit or otherwise make available any content protected by any patent, trademark, copyright or other intellectual proprietary laws unless you own or control the rights thereto or have received all necessary consents to do the same; (h) Upload files that contain viruses, worms, corrupted files or any other similar software or programs designed to disrupt, damage or limit the operation of any computer or telecommunications equipment or property of another; (i) Advertise, promote or offer to sell or buy any goods or services for any business purpose unless the Service specifically allows such messages or transactions; and (j) Reproduce, duplicate, copy, sell, resell or exploit for any commercial purposes, any portion, use or access of the Service.
LINKS ON/IN THE SERVICES
The Service or third parties may provide links to other worldwide web sites or resources (including, without limitation, links to sites which relate to the credentials and disciplinary history of professionals). Because MyLinkClick.com has no control over such sites and resources, you acknowledge and agree that MyLinkClick.com is not responsible for the availability of such external sites or resources, and does not endorse and is not responsible or liable for any content, information, advertising, products, or other materials on or available from such sites or resources. You further acknowledge and agree that MyLinkClick.com shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any such content, goods or services available on or through any such site or resource.
MyLinkClick.com's PROPRIETARY RIGHTS
You acknowledge and agree that the Service and any necessary software used in connection with the service (“Software”) contain proprietary and confidential information that is protected by applicable intellectual property and other laws. You further acknowledge and agree that content contained in information presented to you through the Service is protected by copyrights, trademarks, service marks, patents or other proprietary rights and laws. Except as expressly authorized by MyLinkClick.com, you agree not to modify, rent, lease, loan, sell, distribute or create derivative works based on the Service or the Software, in whole or in part.
PRIVACY POLICY
Registration information and certain other information about you is subject to our online Privacy Policy. For more information, see our privacy policy, which you may access here.
LIMITATION OF LIABILITY
You expressly understand and agree that to the extent permitted under law, MyLinkClick.com shall not be liable for any direct, indirect, incidental, special, consequential or exemplary damages, including but not limited to, damages for loss of profits, goodwill, use, data or other intangible losses (even if MyLinkClick.com has been advised of the possibility of such damages), resulting from: (i) the use or the inability to use the Service; (ii) the cost of procurement of substitute goods and services resulting from any goods, data, information or services purchased or obtained or messages received or transactions entered into through or from the Service; (iii) unauthorized access to or alteration of your transmissions or data; (iv) statements or conduct of any third party on the Service; or (v) any other matter relating to the service.
INDEMNITY
You agree to indemnify and hold MyLinkClick.com, and its subsidiaries, affiliates, officers, agents, co-branders or other partners, and employees, harmless from any claim or demand including reasonable attorneys’ fees, which any third party may make due to or arising out of content you submit, post to or transmit through the Service, your use of the Service, your connection to the service, your violations of these terms of use (whether alleged or otherwise), or your violation of any rights of another, whether direct or indirect (including without limitation claims for misrepresentation or malpractice).
SPECIAL ADMONITIONS FOR INTERNATIONAL USE
Recognizing the global nature of the internet, you agree to comply with all local rules regarding online conduct and acceptable content. Specifically, you agree to comply with all applicable laws regarding the transmission of technical data exported from the United States or the country in which you reside.
CONTENT PROVIDED TO THE SERVICE
MyLinkClick.com does not claim ownership of the “content” (in the form of data, text, software, music, sound, photographs, graphics, video, messages or other materials) you provide to MyLinkClick.com (including feedback and suggestions) or post, upload, privately transmit, input or submit to any MyLinkClick.com site or service for review by the general public. However, by posting, uploading, or making available content or any other material, you grant MyLinkClick.com and its affiliate sites unrestricted and irrevocable permission to use your submission in connection with the operation of their Internet businesses, including, without limitation, the rights to copy, distribute, transmit, publicly display, publicly perform, reproduce, edit, translate and reformat your submission, and to publish your name in connection with your submission.
COPYRIGHT INFRINGEMENT POLICY
In accordance with the requirements set forth in the Digital Millennium Copyright Act, Title 17 United States Code Section 512(c)(2) (“DMCA”), we will investigate notices of copyright infringement and take appropriate remedial action. If you believe that any content on this web site has been used or copied in a manner that infringes your work, please provide a written notification of claimed copyright infringement to the Designated Agent for the web site containing the following elements as set forth in the DMCA: • a physical or electronic signature of the owner of the copyright interest that is alleged to have been infringed or the person authorized to act on behalf of the owner;
- identification of the copyrighted work(s) claimed to have been infringed, including copyright date;
- identification of the Content you claim to be infringing and which you request be removed from the Site or access to which is to be disabled along with a description of where the infringing Content is located;
- information reasonably sufficient to allow us to contact you, such as a physical address, telephone number and an email address;
- a statement by you that you have a good faith belief that the use of the Content identified in your written notification in the manner complained of is not authorized by you or the copyright owner, its agent or the law; and
- a statement by you that the information in your written notification is accurate and that, under penalty of perjury, you are the copyright owner or authorized to act on behalf of the copyright owner.
MyLinkClick.com’s designated agent for the written notification of claims of copyright infringement can be contacted at the following address:
Designated Agent – Copyright Infringement Claims
MyLinkClick.com
Company Adress:
700 Milam Street, Suite 1300 – 219
Houston, TX 77002
Email: info@MyLinkClick.com
APPLICABLE LAW
By visiting MyLinkClick.com websites, you agree that the laws of the State of Texas, without regard to principles of conflict of laws, will govern this Agreement and any dispute of any sort that might arise between you and MyLinkClick.com.
LEGAL DISPUTES
You and we agree that any claim or dispute at law or equity that has arisen or may arise between us relating in any way to or arising out of this or previous versions of this Agreement, your use of or access to the Services will be resolved in accordance with the provisions set forth in this Legal Disputes section. Please read this section carefully. It affects your rights and will have a substantial impact on how claims you and we have against each other are resolved. Applicable Law You agree that the laws of the State of Texas, without regard to principles of conflict of laws, will govern this Agreement and any claim or dispute that has arisen or may arise between you and us, except as otherwise stated in this Agreement.
ARBITRATION/CLASS WAIVER/OPT OUT CLAUSES
- You and we each agree to resolve exclusively through final and binding arbitration any and all disputes or claims that have arisen or may arise between you and us (including any affiliates, officers, directors, employees, and agents), whether or not such dispute or claim involves a third party, relating in any way to any aspect of our relationship or any contact between us, direct or indirect, or arising out of this or previous versions of this Agreement, your use of or access to our Services, or any products or services sold, offered, or purchased through our Services (“Dispute”).
- You and we agree to submit the Dispute to a single arbitrator under the then-current Commercial Arbitration Rules of the American Arbitration Association (AAA), or, by separate mutual agreement, at another arbitration institution. The AAA’s rules, information regarding initiating a claim, and a description of the arbitration process are available at www.adr.org. The location of the arbitration and the allocation of fees and costs for such arbitration shall be determined in accordance with the AAA rules. As an alternative, you or we may bring a claim in your local “small claims” court, if permitted by that small claims court’s rules.
- Class Action/Jury Waiver: You and we agree that each of us may bring a Dispute against the other only on our own behalf, and not on behalf of a government official or other person or entity, or a class of persons or entities. You and we agree, if we are a party to the proceeding, not to participate in a class action, a class-wide arbitration, a claim brought in a private attorney general or representative capacity, or a consolidated claim involving another person’s use of the site or our services. You and we agree to waive the right to a trial by jury for all disputes.
- You may opt out of this Agreement to Arbitrate. If you do so, neither you nor we can require the other to participate in an arbitration proceeding. To opt out, you must notify us in writing, within 30 days of the date that you first began using this Site subject to these arbitration terms or changes to them, either by U.S. mail delivered to: Attn: Legal Department, MyLinkClick.com,700 Milam Street, Suite 1300 – 219, Houston, TX 77002, or by email delivered to info@feelbebtfree.com. You must include: (1) your name and residence address; (2) the email address and/or mobile telephone number associated with your account; and (3) a clear statement that you want to opt out of this agreement to arbitrate.
- If the prohibition against class actions and other claims brought on behalf of third parties contained in Section 1.3, above, is found to be unenforceable, then all of Section 1 will be null and void as to that Dispute.
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This Agreement to Arbitrate will survive the termination of your relationship with us:
- Unless you and we agree otherwise, if you opt out of the Agreement to Arbitrate, if the Agreement to Arbitrate is found by a court to be unenforceable, if your claim is not covered by the Agreement to Arbitrate, or if you neither are a resident of nor have a principal place of business in the US or, you agree that any Dispute that has arisen, or may arise, between you and us must be resolved exclusively by a state or federal court located in Houston, Texas. You and we agree to submit to the personal jurisdiction of the courts located within Houston, Texas for the purpose of litigating all such claims or disputes.
- Notwithstanding any provision in the Agreement to the contrary, you and we agree that if we make a change to this agreement to arbitrate in the future, that change shall not apply to a claim that was filed in a legal proceeding between you and us prior to the effective date of the change.