TERMS OF SERVICE
Thank you for viewing and using the ClickBank Builder and WebinarX software and
its select features made available via clickbankbuilder.com[B1] (the “Software”),
provided to you by SJA Media Partners LLC (“SJA”, “We”,
“Our” or “Us”). This document (“Agreement”)
provides and explains terms and rules (“Terms”) that apply to all
authorized uses of the Software including access to and use of any features,
products, web pages, materials, webinars, opt-in pages, product funnels and
otherwise, which are made available at clickbankbuilder.com. We reserve
the right to update or modify these Terms. This Agreement applies to all
visitors, users, and others who use the Software, its feature, or access
clickbankbuulder.com.
This is a legally binding contract between you and SJA. By accessing or
using the Software, or by checking a checkbox indicating your consent, you
acknowledge that you have reviewed, understood, and agree to abide by and be
bound by these Terms, this Agreement, as well as all rules and guidelines shown
within the Software, all of which are incorporated hereto by reference. By
accessing or using the Software, you further acknowledge that you have reviewed
and understood our Privacy Policy (accessible at
https://app3.clickbankbuilder.com/privacy.html), which is incorporated herein,
and that you agree to the data collection, use, and sharing practices disclosed
therein, whether or not you are a registered user of
the Software.
Subject to the terms and conditions of this Agreement, you are hereby granted a
non-exclusive, non-transferable, non-sublicensable, limited, freely revocable
license to use the tools and features of the Software or the Services as
permitted by SJA, conditioned on your strict continued compliance with these
Terms. We reserve all rights not expressly granted this Agreement. We may
terminate this license at any time without prior notice for any reason or for
no reason.
a.
Scope and Purpose. The Software enables registered users (“Users”)
to create, operate, and maintain product funnels, opt-in pages, webinars, and
related webpages, features and services for certain limited purposes which are
subject to these Terms, and any additional rules, terms, and conditions
displayed in webpages within the Software or in its user control panels (“Service”
or “Services”).
b.
Use and Eligibility. You may use the Software or the Services
only if you are legally capable of entering into a legally-binding contractual
relationship with SJA and if you at all times remain
in strict compliance with this Agreement, and any and all applicable local,
state, national, and international statutes, regulations, ordinances, rules,
and treaties. Any access to the Software or use of the
Services by anyone under the age of 18 is strictly prohibited. By using or
accessing the Software or the Services, you represent that you are at least
18 years of age.
c.
Accessing the Services (User Accounts).
Individuals that comply with these Terms may apply for and obtain a dedicated
user account (“User Account”) in order to use and access the
Software. When creating your User Account, you must provide accurate and
complete information, and you must keep this information up to date. You are
solely responsible for the activity that occurs on your User Account.
Only individuals that register for a User Account may access and use the tools
and features provided by the Software. Each User is provided with a unique
identifier (“Username”) to access and use the Services. The
Username may be used only by the User that registered for that Username. Do not
share your Username or password with any other individuals, including other
Users. You must keep your User Account password secure. You agree to use
“strong” passwords (passwords that use a combination of upper
and lower case letters, numbers and symbols) to protect your User
Account. You must notify SJA immediately of any breach of security or
unauthorized use of your User Account. SJA will not be liable for any losses
caused by any unauthorized use of your User Account.
User Accounts enable their corresponding Users to access certain features and
functionalities that we may establish and maintain from time to time and in our
sole discretion. We may maintain different types of user accounts for different
types of Users. If you open a User Account on behalf of a company,
organization, or other entity, then: (i) “you” includes you and that entity,
and (ii) you represent and warrant that you are an authorized representative of
the entity with the authority to bind the entity to this Agreement, and that
you agree to this Agreement on the entity’s behalf. By connecting to SJA with a
third-party service, you give us permission to access and use your information
from that service as permitted by that service, and to store your log-in
credentials for that service.
You may make changes to User Account by changing the settings in your User
Account settings page. By providing to SJA your email address you consent to
our using the email address to send you service-related notices, including any
notices required by law, in lieu of communication by postal mail. With your
consent, we may also use your email address to send you other messages, such as
changes to features of the Software and special offers. If you do not want to
receive such email messages, you may opt out by clicking on the unsubscribe
link on the bottom of our emails. Opting out may prevent you from receiving
email messages regarding updates, improvements, or offers.
d.
Prohibited Uses.
When using the Software or the Services, you agree not to: (a) upload or
transmit pornographic, threatening, embarrassing, hateful, racially or
ethnically insulting, libelous, or otherwise inappropriate content; (b) except
where expressly permitted, use the Software or the Services to engage in
spamming, "chain letters", "pyramid schemes", advertisement
of illegal or controlled products or services, or other advertising or
marketing activities that violate this Agreement, the Privacy Policy or any
applicable laws, regulations or generally-accepted advertising or marketing
industry guidelines; (c) use the Software or the Services in any manner that
infringes, violates or misappropriates any third party’s intellectual property
or proprietary rights; (d) use the Software or the Services in any manner is
misleading, deceptive or fraudulent or otherwise illegal or promotes illegal
activities, including engaging in phishing or otherwise obtaining financial or
other personal information in a misleading manner or for fraudulent or
misleading purposes; (e) use the Software or the Services in any manner is
libelous or defamatory, or that is otherwise threatening, abusive, violent,
harassing, malicious or harmful to any person or entity, or is invasive of
another's privacy; (f) use the Software or the Services in any manner that is
harmful to minors in any way; (g) use the Software or the Services in any
manner that is hateful or discriminatory based on race, color, gender, gender
identity, religion, nationality, ethnic or national origin, marital status,
disability, sexual orientation or age or is otherwise objectionable, as
reasonably determined by SJA; (h) use the Software or the Services in any
manner that in our sole discretion could damage, disable, overburden, or impair
it; (i) use the Software or the Services in any manner that constitutes or
contains any form of advertising or solicitation to users who have requested
not to be contacted about other services, products or commercial interests; (j)
attempt to gain unauthorized access to the Software or the Services or the
Services, or any part of it, other User Accounts, computer systems or networks
connected to the Software, or any part of it, through hacking, password mining
or any other means or interfere or attempt to interfere with the proper working
of the Software or the Services or any activities conducted on the Software;
(k) modify the Software or the Services in any manner or form, or use modified
versions of the Software, including but not limited to for the purpose of
obtaining unauthorized access to the Software; (l) use any robot, spider,
scraper, or other automated means to access the Software or the Services for
any purpose without our express written permission, or bypass any measures we
may use to prevent or restrict access to the Software or the Services; (m)
impersonate another person or access another user’s User Account without that
user’s permission or to violate any contractual or fiduciary relationships; (n)
share SJA-issued passwords with any third party or encourage any other User to
do so; (o) modify, adapt, translate or create derivative works based upon the
Software or the Services; (p) reverse engineer, decompile, disassemble or
otherwise attempt to discover the source code of the Software or the Services,
except and only to the extent that such activity is expressly permitted by
applicable law notwithstanding this limitation; (q) rent, lease, loan, resell,
sublicense, distribute or otherwise transfer the Software to any third party;
provide time sharing or similar services for any third party; or use the
Software or the Services for any purpose other than your own internal business
use; (r) remove, circumvent, disable, damage or otherwise interfere with
security-related features of the Software, features that prevent or restrict
use or copying of any content accessible through the Software, or features that
enforce limitations on use of the Software; (s) access the Software or the
Services if you are a direct competitor of SJA, except with SJA’s prior written
consent, or for any other competitive purposes; or (t) except as permitted by
the features of the Software or the Services, collect or harvest any personally
identifiable information, including account names, from the Software.
e.
User Pages.
If you use the Software or the Services to create, operate or maintain any
landing pages, product pages, affiliate pages, sales pages, upsell pages,
webinar participation and sign up pages, or other web pages (“User Pages)”
you represent and warrant that your User Pages are not directed, in whole or in
part, to persons under the age of eighteen (18). You further represent that the
creation, operation and maintenance of your User Pages and the underlying
service will be in compliance with these Terms and with all local, state and
federal laws, rules and regulations applicable to your use of the Service to
provide content to and collect information from your end users and visitors,
including, without limitation, by posting a privacy policy on your User Page
that discloses your and any and all third-parties’ collection and use of the
information of any and all visitors, users, and others who access your User
Pages as required by applicable law, and for making all required disclosures
and obtaining all required consents, if necessary, from such end users and
visitors with respect to your collection, use, and disclosure of personal
information to you, us, or any third parties (including the Software),
including through the use of cookies, web pixels or other similar technology.
You further acknowledge your understanding that your use and operation of User
Pages is subject to these Terms, and each provision thereof.
f.
Webinars.
If you use the Software or the Services to schedule and display publicly an
online video (“Webinar”), and to create webpages used for
registering viewers for Webinars, confirming registration to Webinars, creating
“waiting room” pages, and creating webpages that display the Webinar (“Webinar
Web Page”), you represent and warrant that your Webinars and Webinar
Web Pages are not directed, in whole or in part, to persons under the age of
eighteen (18). You further represent that the creation, operation and
maintenance of your Webinars and Webinar Web Page and all related functions and
services will be in strict compliance with these Terms and with all local,
state and federal laws, rules and regulations applicable to your use of the
Service to provide content to and collect information from your end users and
visitors, including, without limitation, by posting a privacy policy on all
Webinar Web Pages that discloses your and any and all third-parties’ collection
and use of the information of any and all visitors, users, and others who
access your Webinars and Webinar Web Pages as required by applicable law, and
for making all required disclosures and obtaining all required consents, if
necessary, from such end users and visitors with respect to your collection,
use, and disclosure of personal information to you, us, or any third parties
(including the Software), including through the use of cookies, web pixels or
other similar technology. You further acknowledge your understanding that your
use and operation of Webinars and Webinar Web Pages is subject to these Terms,
and each provision thereof.
g.
Telephone and Messaging.
To the extent applicable to your use of the Service, you shall at all times comply with the CAN SPAM Act of 2003, the
Telephone Consumer Protection Act (47 U.S.C. §227), the Do-Not-Call
Implementation Act and the Do-Not-Call list registry rules
(http://www.donotcall.gov), the Telemarketing Sales Rule, 47 C.F.R. § 64.1200 et.
seq., and all other state or local laws, rules, regulations, and guidelines
relating to calling or texting, including without limitation, rules,
regulations and guidelines set forth by the Federal Trade Commission and the
Federal Communications Commission (collectively, the “Calling Laws”). You agree
that, as between the parties, you are the initiator of any call, SMS/MMS
message, or other communication transmitted through the Service and for all
content relating to, inducing, or encouraging calls, SM/MMS messages or other
communications to take place. SJA is not responsible for reviewing the contents
of any communication transmitted through the Services or transmitted by you
related to your use of the Service, nor is it responsible for obtaining any
necessary consents or permissions from the message recipients.
h.
Changes to the Software.
We may, without prior notice, change the Software or the Services; stop
providing the Software or one or more features of the Software or the Services,
to you or to Users generally; or create usage limits for the Software. We may
permanently or temporarily terminate or suspend your access to the Software or
the Services without notice and liability for any reason, including if in our
sole determination you violate any provision of this Agreement, for
maintenance, repair, or upgrades to the Software or the Services, or for no
reason. Upon termination for any reason or no reason, you continue to be bound
by this Agreement.
The Software or the Services may allow Users to submit, upload, provide,
transmit, or otherwise make available content such as videos, webinars, images,
music, text, comments, questions, opt-in pages, product funnels, and other
content or information (any such materials a User submits, uploads provides, or
otherwise makes available on the Software or to the public is referred to
herein as “User Content”).
We do not review or prescreen any User Content, and
claim no ownership rights over User Content created by you. The User Content
you create remains yours.
By submitting, providing, or otherwise making available any User Content on or
through the Software or the Services , you expressly grant, and you represent
and warrant that you have all rights necessary to grant, to SJA a royalty-free,
sublicensable, transferable, perpetual, irrevocable, non-exclusive, worldwide
license to use, reproduce, modify, publish, list information regarding, edit,
translate, distribute, syndicate, publicly perform, publicly display, and make
derivative works of all such User Content and your name, voice, and/or likeness
as contained in your User Content, in whole or in part, and in any form, media
or technology, whether now known or hereafter developed, for use in connection
with the Software, including without limitation for promoting and
redistributing part or all of the Software (and derivative works thereof) in
any media formats and through any media channels.
For the purposes of this Agreement, “Intellectual Property Rights”
means all patent rights, copyright rights, mask work rights, moral rights,
rights of publicity, designs, trade secrets, trademark, trade dress and service
mark rights, goodwill, trade secret rights and other intellectual property
rights as may now exist or hereafter come into existence, and all applications
therefore and registrations, renewals and extensions thereof, under the laws of
any state, country, territory or other jurisdiction.
In connection with your User Content, you affirm, represent and warrant the
following:
·
You have the
written consent of each and every identifiable natural
person in the User Content, if any, to use such person’s name or likeness in
the manner contemplated by the Software or the Services and this Agreement, and
each such person has released you from any liability that may arise in relation
to such use.
·
You have obtained
and are solely responsible for obtaining all consents as may be required by law
to post any User Content relating to third parties.
·
Your User Content
and SJA’s use thereof as contemplated by this Agreement and the Software or the
Services will not violate any law or infringe any rights of any third party,
including but not limited to any Intellectual Property Rights and privacy rights.
·
SJA may exercise
the rights to your User Content granted under this Agreement without liability
for payment of any guild fees, residuals, payments, fees, or royalties payable
under any collective bargaining agreement or otherwise.
·
To the best of
your knowledge, all of your User Content and other
information that you provide to us is truthful and accurate.
·
SJA takes no
responsibility and assumes no liability for any User Content that you or any
other User submits, provides or otherwise makes available to or via the
Software or the Services. You shall be solely responsible for your User Content
and the consequences of submitting it, providing it, or otherwise making it
available on the Software or the Services, and you agree that we are only
acting as a passive conduit for your online distribution and publication of
your User Content.
·
SJA disclaims all
warranties regarding the continued availability of your User Content. SJA is
under no obligation to store or otherwise maintain the availability or
accessibility of your User Content
The Software may collect information from your current or potential customers,
website visitors, Webinar registrants, or end-users (collectively, “Customer
Data”). SJA will not be responsible for any backup, recovery or other
steps required to ensure that Customer Data is available or recoverable in the
case of data loss. You are solely responsible for backing up your Customer Data
on a regular basis, and taking appropriate steps to
safeguard and ensure the integrity of your Customer Data. You own all right,
title and interest (including all Intellectual Property Rights) in and to
Customer Data.
a.
Use of Customer Data. By submitting or causing to be submitted
Customer Data to SJA, you hereby grant, and represent and warrant that you have
all rights necessary to grant, all rights and licenses to the Customer Data
required for SJA and its subcontractors and service providers to provide the
Software or the Services and its underlying features. Except as otherwise
provided for in this Agreement, SJA shall have no right to sublicense or resell
Customer Data, except however, that you agree that SJA may collect, analyze,
and use data derived from Customer Data, which may include personally
identifiable data and/or information collected from or about an individual but
which does not identify the individual personally for purposes of operating,
analyzing, improving, or marketing the Software and any related services. If
SJA shares or publicly discloses information (e.g., in marketing materials, or
in application development) that is derived from Customer Data, such data will
be aggregated or anonymized to reasonably avoid identification of a specific
individual. You further agree that SJA will have the right, both during and
after the term of this Agreement, to use, store, transmit, distribute, modify,
copy, display, sublicense, and create derivative works of the anonymized,
aggregated data.
b.
Representations with Regard to Customer
Data. In
connection with Customer Data, you hereby represent, warrant, and agree that:
(a) you have obtained and will at all times obtain the Customer Data lawfully
and/or have not engaged in material misrepresentation, deception or other
fraudulent or improper means to cause the Customer Data to be collected by the
Software; (b) the Customer Data does not and will not violate any applicable
laws or any person or entity’s proprietary or intellectual property rights; (c)
all Customer Data has and will be collected by you in accordance with a
privacy policy that permits SJA to share, collect, use, and disclose such
Customer Data as contemplated under these Terms, and if required by applicable
law, pursuant to consents obtained by you to do each of the foregoing; (d)
you are solely responsible for ensuring compliance with all privacy laws in all
jurisdictions that may apply to Customer Data; (e) SJA may exercise the rights
in Customer Data granted hereunder without liability or cost to any third
party; and (f) the Customer Data complies with the terms of these Terms. For
purposes of clarity, SJA takes no responsibility and assumes no liability for
any Customer Data, and you will be solely responsible for its Customer Data and
the consequences of collecting or sharing it hereunder. You may not submit, or
cause to be submitted, any Customer Data that includes a social security
number, passport number, driver’s license number, or similar identifier, credit
card or debit card number, employment, financial, race, ethnicity, sexual
orientation, health information, or any other information which may be subject
to specific data privacy and security laws including, but not limited to, the
Gramm-Leach-Bliley Act (GLBA), Children’s Online Privacy Protection Act (COPPA)
or the Health Insurance Portability and Accountability Act (HIPAA), or which
could give rise to notification obligations under data breach notification
laws, without SJA’s prior written approval.
c.
Security Incidents. In the event that
Customer Data is disclosed to or accessed by an unauthorized party, SJA will
promptly notify you and use reasonable efforts to cooperate with your
investigation of the incident. In the event we have a reasonable, good faith
belief that an unauthorized party has accessed Customer Data, we will promptly
notify you and will use reasonable efforts to cooperate with your investigation
of the incident. If such incident triggers any third-party notice requirements,
you (not SJA) shall be solely responsible for the timing, content, cost
and method of any such notice and compliance with applicable laws. You (not
SJA) bears sole responsibility for adequate security, protection and backup
of Customer Data when in your or your representatives’ or agents’ possession or
control. We are not responsible, and you are fully responsible, for what your
authorized Users do with Customer Data.
Except for your User Content as defined herein, the Software and all materials
therein or transferred thereby, including, without limitation, software,
images, text, graphics, illustrations, logos, designs, patents, trademarks,
service marks, copyrights, photographs, audio, videos, music, and User Content
belonging to other Users (the “SJA Content”), and all
Intellectual Property Rights related thereto, are the exclusive property of SJA
and its licensors (including other Users who post User Content using the
Software). Except as explicitly provided herein, nothing in this Agreement
shall be deemed to create a license in or under any such Intellectual Property
Rights, and you agree not to sell, license, rent, modify, distribute, copy,
reproduce, transmit, publicly display, publicly perform, publish, adapt, edit
or create derivative works from any SJA Content. Use of the SJA Content for any
purpose not expressly permitted by this Agreement is strictly prohibited.
CLICKBANK, CLICKBANK BUILDER, WEBINARX, SJA MEDIA PARTNERS, SJA, and all other
trademarks, names, logos, product and service names, feature names, designs,
and slogans are the proprietary trademarks of SJA, its affiliates or licensors.
You hereby agree to refrain from making any use of these trademarks without Our
prior written permission. Third-party brands or trademarks used for descriptive
or identification purposes are the property of their respective owners.
You may choose to or we may invite you to submit
comments, suggestions, or ideas about the Software or the Services, including
without limitation about how to improve the Software or our products or
services (“Suggestions”). By submitting any Suggestions, you
agree that your disclosure is gratuitous, unsolicited and without restriction
and will not place SJA or its partners or affiliates under any fiduciary or
other obligation, and that we are free to use the Suggestions without any
additional compensation to you, and/or to disclose the Suggestions on a
non-confidential basis or otherwise to anyone. You further acknowledge that, by
acceptance of your Suggestions, SJA does not waive any rights to use similar or
related ideas previously known to SJA, or developed by its employees, or
obtained from sources other than you.
a.
Fees. We will charge you fees (“Fees”) for your use of
the Software. You agree to pay any and all Fees specified in your online
order(s) for your access and use of the Software or the Services (“Ordering
Form”), which are incorporated herein by reference. SJA may add new
features for additional fees and charges, and add or
amend fees and charges for existing services, at any time in its sole
discretion. If We add or amend our Fees, We will
notify you via email or via an announcement visible within the Software. Any
change to Our Pricing and Payment Terms shall become effective in the billing
cycle following notice of such change to you as provided in this Agreement;
provided however that if we have offered a specific duration and Fees for your
use of the Software or the Services, we agree that the Fees will remain in
force for that duration.
b.
Payment Plans, Subscription; Automatic Billing. Access and use
of the Software or the Services may be purchased on an automatically renewing
subscription or payment plan basis Users that purchase the Software pursuant to
a payment plan or a subscription will be charged the first payment upon or
shortly after signing up, and will be charged with each subsequent payment
thirty (30) days following the date of the previous payment until all payments
payable to SJA are remitted. IF PURCHASED ON A SUBSCRIPTION OR PAYMENT PLAN BASIS
YOUR SOFTWARE SUBSCRIPTION WILL AUTOMATICALLY RENEW AT THE END OF YOUR
SUBSCRIPTION OR PAYMEN PLAN TERM IDENTIFIED IN YOUR ORDERING FORM FOR
SUBSEQUENT TERMS EQUAL IN LENGTH TO THE INITIAL SUBSCRIPTION TERM (EACH A
“SUBSCRIPTION TERM”) UNLESS AND UNTIL YOU CANCEL YOUR SOFTWARE SUBSCRIPTION IN
ACCORDANCE WITH THE CANCELLATION PROCEDURES IDENTIFIED IN SECTION 7 OF THIS
AGREEMENT. When you purchase the Software, you expressly acknowledge and agree
that: (1) SJA is authorized to charge you at the beginning of each Subscription
Term the Fees identified in an Ordering Form, any applicable taxes, and any
other charges you may incur in connection with your use of the Software, for as
long as your subscription continues; and (2) your subscription is continuous until
you cancel it or your access the Software is suspended, discontinued or
terminated in accordance with this Agreement. You acknowledge and agree that
the amount billed may vary due to promotional offers, changes in your
subscription plan, changes in applicable taxes, and changes in Fees in
accordance with Section 7 and you authorize us to charge your payment method
for the changed amounts.
c.
Cancellations and Refunds. You may cancel your User Account or
the Services at any time. To be eligible to receive a refund for your initial
purchase price of the Software (i.e., payment you submitted on the date you
first purchased access to the Software), you must submit a refund request to us
in writing or via email no later than 30 days following the date of your first
order of the Software. Refund requests submitted after this 30
day period will be denied. To cancel your User Account or the
Services, you must notify us at least three (3) days before the start of
the next Subscription Term using the appropriate functionalities of the
Software or by contacting us at support@clickbankbuilder.com. There will be no
refunds or credits for partial months of service or for periods in which your
Subscription or payment plan remains unused. For renewal purposes, if adequate
notice is not received and your credit card is subsequently charged, you will
not receive a refund. In the event that SJA suspends
or terminates your account or this Agreement, you understand and agree that you
shall receive no refund or exchange for any Property, any unused time on a
subscription, any license or subscription fees for any portion of the Service,
any content or data associated with your account, or for anything else.
d.
Payments and Taxes. We or Our third-party payment processors
will charge your Fees and any other charges you may incur to the payment method
that you provide when you register for a User Account or that you identify in
an Ordering Form. All information that you provide in connection with a
purchase or transaction or other monetary transaction interaction with the
Software must be accurate, complete, and current. You may change your payment
method by using the link provided to you in your copy of the order confirmation
email you received when you first purchased the Software (you may look up your
order information by visiting the following URL: www.clkbank.com/#!)..You agree
to pay all charges incurred by users of your credit card, debit card, or other
payment method used in connection with a purchase or transaction or other
monetary transaction interaction with the Software at the prices in effect when
such charges are incurred. If we are unsuccessful in charging your payment method we may (without liability to you) suspend or
temporarily disable all or part of your access to the Software and we shall be
under no obligation to provide any or all of the Software while the Fees
concerned remain unpaid. This does not affect any other rights and remedies
available to us. You will pay any and all applicable taxes, if any, relating to
any such payments of Fees, purchases, transactions or other monetary
transactions.
By using the Software or the Services you affirmatively and freely give your
fully-informed consent to the collection, use and disclosure of your personally
identifiable information and aggregate and/or anonymized data as set forth in
our Privacy Policy, and to have your personally identifiable information
collected, used, transferred to and processed in the United States.
IF YOU CREATE OR USE YOUR OWN PRIVACY POLICY OR STATEMENT FOR YOUR BUSINESS IN
CONNECTION WITH THE USE OF THE SOFTWARE, YOU HEREBY ACKNOWLEDGE AND AGREE TO
INCLUDE IN SUCH PRIVACY POLICY OR STATEMENT, A DISCLOSURE WITH RESPECT TO OUR
COLLECTION, USE AND DISCLOSURE OF PERSONALLY IDENTIFIABLE INFORMATION OF YOUR
CUSTOMERS DISCLOSED TO US THAT IS CONSISTENT AND IN ACCORDANCE WITH OUR PRIVACY
POLICY, INCLUDING WITH RESPECT TO THE POTENTIAL DISCLOSURE OF SUCH INFORMATION
TO THIRD PARTY PARTNERS.
The Software may use “cookies,” Flash objects or similar electronic tools to
collect information, such as the IP address of your computer, to enhance and
customize your experience with this Website. A cookie is a small text file that
is placed on your computer and which collects information about your use of the
Software, such as the web pages visited, the date and the time of a visit, the
websites you visited immediately before, etc. By accessing or using the
Software you agree to placement of cookies on your computer. You may choose not
to accept any cookies from any party by changing the settings on your browser.
However, if you set your browser to refuse cookies, some portions of the
Software may not function properly. For additional information regarding the
Software’s use of cookies, please review our Cookie Policy (accessible at
https://app3.clickbankbuilder.com/cookiepolicy.html), which is incorporated
hereto by reference.
SJA uses commercially reasonable physical, managerial, and technical safeguards
to preserve the integrity and security of your personal information and
implement your privacy settings. However, we cannot guarantee that unauthorized
third parties will never be able to defeat our security measures or use your
personal information for improper purposes. You acknowledge that you provide
your personal information at your own risk.
Infringement notices that comply with the Digital Millennium Copyright Act of
1998 (“DMCA”) may be submitted to SJA. If your copyrighted work has been copied
in a way that constitutes copyright infringement and is accessible via the
Software, please notify SJA’s copyright agent. For your complaint to be valid
under the DMCA, you must provide the following information in writing:
·
An electronic or
physical signature of a person authorized to act on behalf of the copyright
owner;
·
Identification of
the copyrighted work that you claim has been infringed;
·
Identification of
the material that is claimed to be infringing and where it is located;
·
Information
reasonably sufficient to permit SJA to contact you,
such as your address, telephone number, and, e-mail address;
·
A statement that
you have a good faith belief that use of the material in the manner complained
of is not authorized by the copyright owner, its agent, or law; and
·
A statement, made under penalty of perjury, that the above
information is accurate, and that you are the copyright owner or are authorized
to act on behalf of the owner.
The above information must be submitted to the
following Copyright Agent (via email or mail):
Attn:
SJA Copyright
Agent - DMCA Notice
Address: 10866
Washington Blvd., # 320, Culver City, CA 90232
Email:
support@clickbankbuilder.com
Under federal law, knowingly misrepresenting that online material is infringing
may subject you to criminal prosecution for perjury and civil penalties,
including monetary damages, court costs, and attorneys’ fees.
Please note that this procedure is exclusively for notifying SJA and its
affiliates that your copyrighted material has been infringed. The preceding
requirements are intended to comply with SJA’s rights and obligations under the
DMCA, including 17 U.S.C. §512(c), but do not constitute legal advice. It may
be advisable to contact an attorney regarding your rights and obligations under
the DMCA and other applicable laws.
In accordance with the DMCA and other applicable law, SJA has adopted a policy
of terminating, in appropriate circumstances, Users who are deemed to be repeat
infringers. SJA may also at its sole discretion limit access to the Software
and/or terminate the User Accounts of any Users who infringe any intellectual
property rights of others, whether or not there is any
repeat infringement.
The Software or the Services may contain or enable access to links for certain
third-party materials that are not owned or controlled by SJA. SJA does not
endorse or assume any responsibility for any such third-party sites,
information, materials, products, or services. If you access a third-party
website or service from the Software or share your User Content on or through
any third-party website or service, you do so at your own risk, and you
understand that this Agreement and SJA’s Privacy Policy do not apply to your
use of such sites. You expressly relieve SJA from any and all liability
arising from your use of any third-party website, service, or content,
including without limitation User Content submitted by other Users.
Additionally, your dealings with or participation in promotions of advertisers
found on the Software, including payment and delivery of goods, and any other
terms (such as warranties) are solely between you and such advertisers. You
agree that SJA shall not be responsible for any loss or damage of any sort
relating to your dealings with such advertisers.
YOU AGREE TO DEFEND, INDEMNIFY AND HOLD HARMLESS SJA AND ITS SUBSIDIARIES,
AGENTS, LICENSORS, MANAGERS, AND OTHER AFFILIATED COMPANIES, AND THEIR
EMPLOYEES, CONTRACTORS, AGENTS, OFFICERS AND DIRECTORS, FROM AND AGAINST ANY
AND ALL CLAIMS, DAMAGES, OBLIGATIONS, LOSSES, LIABILITIES, COSTS OR DEBT, AND
EXPENSES (INCLUDING BUT NOT LIMITED TO ATTORNEY’S FEES) ARISING FROM: (A) YOUR
USE OF AND ACCESS TO THE SOFTWARE OR THE SERVICES, INCLUDING ANY DATA OR
CONTENT TRANSMITTED OR RECEIVED BY YOU; (B) YOUR VIOLATION OF ANY TERM OF THIS
AGREEMENT, INCLUDING WITHOUT LIMITATION YOUR BREACH OF ANY OF THE
REPRESENTATIONS AND WARRANTIES ABOVE; (C) YOUR VIOLATION OF ANY THIRD-PARTY
RIGHT, INCLUDING WITHOUT LIMITATION ANY RIGHT OF PRIVACY OR INTELLECTUAL
PROPERTY RIGHTS; (D) YOUR VIOLATION OF ANY APPLICABLE LAW, RULE OR REGULATION;
(E) USER CONTENT OR ANY CONTENT THAT IS SUBMITTED VIA YOUR USER ACCOUNT
INCLUDING WITHOUT LIMITATION MISLEADING, FALSE, OR INACCURATE INFORMATION; (F)
YOUR WILLFUL MISCONDUCT; OR (G) ANY OTHER PARTY’S ACCESS AND USE OF THE
SOFTWARE WITH YOUR UNIQUE USERNAME, PASSWORD OR OTHER APPROPRIATE SECURITY
CODE.
Upon receiving an indemnification demand from SJA, We may provide you with an
opportunity to assume control over the defense or settlement of any claim
subject to the indemnification demand, or may in SJA’s sole discretion provide
reasonable assistance to settle and/or defend a claim at your sole expense,
provided that (i) any settlement which would impose a non-monetary obligation,
admission or finding of liability or wrongdoing on SJA is made with our prior
written consent, (ii) the failure to provide timely notice, control, or
assistance shall not relieve your indemnification obligations, and (iii) we and
any other indemnified parties may have their own counsel participate in any
proceeding or negotiations, which shall be at your sole expense if you are
unable to secure legal counsel to respond to or defend any claims in a timely
manner.
THE SOFTWARE IS PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS. USE OF THE
SOFTWARE OR THE SERVICES IS AT YOUR OWN RISK. TO THE MAXIMUM EXTENT PERMITTED
BY APPLICABLE LAW, THE SOFTWARE IS PROVIDED WITHOUT WARRANTIES OF ANY KIND,
WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES
OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT. NO
ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM SJA OR
THROUGH THE SOFTWARE WILL CREATE ANY WARRANTY NOT EXPRESSLY STATED HEREIN.
WITHOUT LIMITING THE FOREGOING, SJA, ITS SUBSIDIARIES, ITS AFFILIATES, AND ITS
LICENSORS DO NOT WARRANT THAT THE CONTENT IS ACCURATE, RELIABLE OR CORRECT;
THAT THE SOFTWARE WILL MEET YOUR REQUIREMENTS; THAT THE SOFTWARE WILL BE
AVAILABLE AT ANY PARTICULAR TIME OR LOCATION, UNINTERRUPTED OR SECURE; THAT ANY
DEFECTS OR ERRORS WILL BE CORRECTED; OR THAT THE SOFTWARE IS FREE OF VIRUSES OR
OTHER HARMFUL COMPONENTS. ANY CONTENT DOWNLOADED OR OTHERWISE OBTAINED THROUGH
THE USE OF THE SOFTWARE IS DOWNLOADED AT YOUR OWN RISK AND YOU WILL BE SOLELY
RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR MOBILE DEVICE OR LOSS OF
DATA THAT RESULTS FROM SUCH DOWNLOAD OR YOUR USE OF THE SOFTWARE.
FURTHER, SJA DOES NOT WARRANT, ENDORSE, GUARANTEE, OR ASSUME RESPONSIBILITY FOR
ANY PRODUCT OR SERVICE ADVERTISED OR OFFERED BY A THIRD PARTY THROUGH THE
SOFTWARE OR ANY HYPERLINKED WEBSITE OR SERVICE, AND SJA WILL NOT BE A PARTY TO
OR IN ANY WAY MONITOR ANY TRANSACTION BETWEEN YOU AND THIRD-PARTY PROVIDERS OF
PRODUCTS OR SERVICES.
FEDERAL LAW, SOME STATES, PROVINCES AND OTHER JURISDICTIONS DO NOT ALLOW THE
EXCLUSION AND LIMITATIONS OF CERTAIN IMPLIED WARRANTIES, SO THE ABOVE
EXCLUSIONS MAY NOT APPLY TO YOU. THIS AGREEMENT GIVES YOU SPECIFIC LEGAL
RIGHTS, AND YOU MAY ALSO HAVE OTHER RIGHTS WHICH VARY FROM STATE TO STATE. THE
DISCLAIMERS AND EXCLUSIONS UNDER THIS AGREEMENT WILL NOT APPLY TO THE EXTENT
PROHIBITED BY APPLICABLE LAW.
AS A PRECONDITION TO YOUR USE OF THE SERVICE, YOU ACKNOWLEDGE YOUR
UNDERSTANDING THAT THERE IS NO GUARANTEE THAT YOU WILL EARN ANY MONEY USING THE
TOOLS AND/OR TECHNIQUES PROVIDED BY THE SOFTWARE. ANY EXAMPLES SHOWN IN OUR
ADVERTISING SHALL NOT BE INTERPRETED AS A PROMISE OR GUARANTEE OF EARNINGS OR
SIMILAR SUCCESS. EARNING POTENTIAL IS WHOLLY DEPENDENT ON EACH INDIVIDUAL THAT
USES THE SOFTWARE TOOLS, TECHNIQUES, AND/OR IDEAS.
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL SJA, ITS
AFFILIATES, AGENTS, OFFICERS, DIRECTORS, EMPLOYEES, SUPPLIERS OR LICENSORS BE
LIABLE FOR ANY INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR
EXEMPLARY DAMAGES, INCLUDING WITHOUT LIMITATION DAMAGES FOR LOSS OF PROFITS,
GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES, ARISING OUT OF OR RELATING TO
THE USE OF, OR INABILITY TO USE, THE SOFTWARE. UNDER NO CIRCUMSTANCES WILL SJA
BE RESPONSIBLE FOR ANY DAMAGE, LOSS OR INJURY RESULTING FROM HACKING, TAMPERING
OR OTHER UNAUTHORIZED ACCESS OR USE OF THE SOFTWARE OR YOUR ACCOUNT OR THE
INFORMATION CONTAINED THEREIN.
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, SJA ASSUMES NO LIABILITY OR
RESPONSIBILITY FOR ANY (I) ERRORS, MISTAKES, OR INACCURACIES OF CONTENT; (II)
PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER, RESULTING FROM
YOUR ACCESS TO OR USE OF OUR SERVICE; (III) ANY UNAUTHORIZED ACCESS TO OR USE
OF OUR SECURE SERVERS AND/OR ANY AND ALL PERSONAL INFORMATION STORED THEREIN;
(IV) ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM THE SOFTWARE; (V)
ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE THAT MAY BE TRANSMITTED TO OR
THROUGH OUR SERVICE BY ANY THIRD PARTY; (VI) ANY ERRORS OR OMISSIONS IN ANY
CONTENT OR FOR ANY LOSS OR DAMAGE INCURRED AS A RESULT OF THE USE OF ANY
CONTENT POSTED, EMAILED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE THROUGH THE
SOFTWARE; AND/OR (VII) USER CONTENT OR THE DEFAMATORY, OFFENSIVE, OR ILLEGAL
CONDUCT OF ANY THIRD PARTY. IN NO EVENT SHALL SJA, ITS AFFILIATES, AGENTS,
DIRECTORS, EMPLOYEES, SUPPLIERS, OR LICENSORS BE LIABLE TO YOU FOR ANY CLAIMS,
PROCEEDINGS, LIABILITIES, OBLIGATIONS, DAMAGES, LOSSES OR COSTS IN AN AMOUNT
EXCEEDING THE AMOUNT YOU PAID TO SJA HEREUNDER OR $100.00, WHICHEVER IS
GREATER.
THIS LIMITATION OF LIABILITY SECTION APPLIES WHETHER THE ALLEGED LIABILITY IS
BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY, OR ANY OTHER BASIS, EVEN
IF SJA HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGE.
SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR
CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATIONS OR EXCLUSIONS MAY NOT APPLY TO
YOU. THIS AGREEMENT GIVES YOU SPECIFIC LEGAL RIGHTS, AND YOU MAY ALSO HAVE
OTHER RIGHTS WHICH VARY FROM STATE TO STATE. THE DISCLAIMERS, EXCLUSIONS, AND
LIMITATIONS OF LIABILITY UNDER THIS AGREEMENT WILL NOT APPLY TO THE EXTENT
PROHIBITED BY APPLICABLE LAW.
a.
Governing Law. You agree that: (i) the Software shall be
deemed solely based in Nevada or Idaho; and (ii) the Software and Services
shall be deemed a passive service that does not give rise to personal jurisdiction
over us, either specific or general, in jurisdictions other than Nevada or
Idaho. This Agreement shall be governed by the internal substantive laws of the
State of Idaho, without respect to its conflict of laws principles. The parties
acknowledge that this Agreement evidences a transaction involving interstate
commerce. Notwithstanding the preceding sentences with respect to the
substantive law, any arbitration conducted pursuant to the terms of this
Agreement shall be governed by the Federal Arbitration Act (9 U.S.C. §§ 1-16).
The application of the United Nations Convention on Contracts for the
International Sale of Goods is expressly excluded. You agree to submit to the
personal jurisdiction of the federal and state courts located in Idaho for any
actions for which we retain the right to seek injunctive or other equitable
relief in a court of competent jurisdiction to prevent the actual or threatened
infringement, misappropriation or violation of a our copyrights, trademarks,
trade secrets, patents, or other intellectual property or proprietary rights,
as set forth in the Arbitration provision below, including any provisional
relief required to prevent irreparable harm. You agree that Idaho is the proper
forum for any appeals of an arbitration award or for trial court proceedings in the event that the arbitration provision below is found
to be unenforceable.
b.
Arbitration. Read this section carefully because it requires the parties to
arbitrate their disputes and limits the manner in which
you can seek relief from SJA. For any dispute with SJA, you agree to first
contact us at support@clickbankbuilder.com and attempt to resolve the
dispute with us informally. In the unlikely event that SJA has not been able to
resolve a dispute it has with you after sixty (60) days, we each agree to
resolve any claim, dispute, or controversy (excluding any claims for injunctive
or other equitable relief as provided below) arising out of or in connection
with or relating to this Agreement, or the breach or alleged breach thereof
(collectively, “Claims”), by binding arbitration by JAMS, under the Optional
Expedited Arbitration Procedures then in effect for JAMS, except as provided
herein. JAMS may be contacted at www.jamsadr.com. The arbitration will be
conducted in Los Angeles County, California, unless you and SJA agree
otherwise. If you are using the Software or the Services for commercial
purposes, each party will be responsible for paying any JAMS filing,
administrative and arbitrator fees in accordance with JAMS rules, and the award
rendered by the arbitrator shall include costs of arbitration, reasonable
attorneys’ fees and reasonable costs for expert and other witnesses. If you are
an individual using the Software for non-commercial purposes: (i) JAMS may
require you to pay a fee for the initiation of your case, unless you apply for
and successfully obtain a fee waiver from JAMS; (ii) the award rendered by the
arbitrator may include your costs of arbitration, your reasonable attorney’s
fees, and your reasonable costs for expert and other witnesses; and (iii) you
may sue in a small claims court of competent jurisdiction without first
engaging in arbitration, but this does not absolve you of your commitment to
engage in the informal dispute resolution process. Any judgment on the award
rendered by the arbitrator may be entered in any court of competent
jurisdiction. Nothing in this Section shall be deemed as preventing SJA from
seeking injunctive or other equitable relief from the courts as necessary to
prevent the actual or threatened infringement, misappropriation, or violation
of our data security, Intellectual Property Rights or other proprietary rights.
c.
Class Action/Jury Trial Waiver. With respect to
all persons and entities, regardless of whether they have obtained or used the
Software or the Services for personal, commercial or other purposes, all Claims
must be brought in the parties’ individual capacity, and not as a plaintiff or
class member in any purported class action, collective action, private attorney
general action or other representative proceeding. This waiver applies to class
arbitration, and, unless we agree otherwise, the arbitrator may not consolidate
more than one person’s Claims. You agree that, by entering into this Agreement,
you and SJA are each waiving the right to a trial by jury or to participate in
a class action, collective action, private attorney general action, or other
representative proceeding of any kind.
d.
Time Limitation on Claims. You and SJA agree that any cause of
action arising out of or related to the Software and/or your use thereof must commence must commence within one (1) year after the
cause of action accrues. Otherwise, such cause of action is permanently barred.
a.
Assignment. This Agreement, and any rights and licenses granted hereunder,
may not be transferred or assigned by you, but may be assigned by SJA without
restriction. Any attempted transfer or assignment in violation hereof shall be
null and void.
b.
Notice and Amendments to Agreement. SJA may provide
notifications, whether such notifications are required by law or are for
marketing or other business related purposes, to you
via email notice, written or hard copy notice, or through posting of such
notice on our website or within the Software, as determined by SJA in our sole
discretion. SJA reserves the right to determine the form and means of providing
notifications to our Users, provided that you may opt
out of certain means of notification as described in this Agreement. SJA is not
responsible for any automatic filtering you or your network provider may apply
to email notifications we send to the email address you provide us. SJA may, in
its sole discretion, amend or update this Agreement from time to time, and so
you should review this page periodically. When we change the Agreement in a
material manner, we will update the ‘last modified’ date at the top of this
page and notify you that material changes have been made to the Agreement. Your
continued use of the Software after any such change constitutes your acceptance
of the new Terms of the Software. If you do not agree to any of these terms or
any future Terms of the Software, do not use or access (or continue to access)
the Software. You acknowledge your duty to periodically review these Terms for
any modifications.
c.
No Waiver. No waiver of any term of this Agreement shall be deemed a
further or continuing waiver of such term or any other term, and SJA’s failure
to assert any right or provision under this Agreement shall not constitute a
waiver of such right or provision.
d.
California Disclosure. The provider of services is SJA Media
Partners LLC, located at 10866 Washington Blvd., # 320, Culver City, CA 90232.
SJA may be reached by phone at the following telephone number: (424) 835-2914.
If you are a California resident, in accordance with Cal. Civ. Code §1789.3,
you may report complaints to the Complaint Assistance Unit of the Division of
Consumer Services of the California Department of Consumer Affairs by contacting
them in writing at 1625 North Market Blvd., Suite N 112 Sacramento, CA 95834,
or by telephone at (800) 952-5210 or (916) 445-1254.
e.
Geographic Limitation. The Software is owned and operated within the
United States of America, and is provided to
individuals residing therein. SJA makes no claims that the Services or any the
Software Content is accessible or
usable outside the U.S.A. SJA disclaims all warranties regarding your right to
use the Software with any jurisdiction outside the U.S.A. If you choose to use the
Software in any other territory,
you must first review all applicable laws.
f.
Entire Agreement/Severability. This Agreement, together with any
amendments and any additional agreements you may enter into with SJA in
connection with the Software, shall constitute the entire agreement between you
and SJA concerning the Software. If any provision of this Agreement is deemed
invalid by a court of competent jurisdiction, the invalidity of such provision
shall not affect the validity of the remaining provisions of this Agreement,
which shall remain in full force and effect, except that in the event of
unenforceability of the universal Class Action/Jury Trial Waiver, the entire
arbitration agreement shall be unenforceable.
THANK YOU FOR TAKING THE TIME TO REVIEW THIS
AGREEMENT.IF YOU HAVE ANY QUESTIONS, PLEASE CONTACT US AT
SUPPORT@CLICKBANKBUILDER.COM.
Last updated on: January 25, 2019.