Terms of Use

Overview

Welcome and congratulations! You’re participating in one of the coolest publishing platforms online today.

This site (the “Site”), is operated by Click First Services, LLC (Click First) and its affiliates (collectively, “Click First Services” or ”Service” or “we” or “us”). When you access or use this Site (including any current and future components and services available on this site or any other site operated by us), you agree to the terms and conditions that follow (the “Terms of Service”) as they may be modified from time to time by us. These Terms of Service constitute a legal contract between you and Click First Services, LLC, and by accessing or using the Site you represent and warrant that you have the right, power and authority to agree to and be bound by these Terms of Service. By using Click First Services web site ClickFirst.com and/or any other Click First Services applications on other sites, (Facebook for example) you agree to be bound by the following terms and conditions (the “Terms of Service”) and the terms and conditions of  the site hosting the application.

 

Use of Product 

The information, data, text, software, images, graphics, messages and other content contained on this Site (collectively, the “Content”) are proprietary to Click First Services, LLC and its licensors. The Content includes a proprietary, copyrighted database (the “Database”) of members and information submitted by them, including but not limited to, written articles, consumer tips, how to instructions, coupons, service and product descriptions (collectively, the “Data”) and the proprietary formats and structures for categorizing, sorting and organizing and displaying such Data. The Site, Content, Database and Data and any portion of the foregoing are collectively referred to herein as the “Product”.

 

Content Linked to by Click First Services 

Some of the sites displayed as a result of links provided by Click First Services are developed by people over whom Click First Services exercises no control. The links provided may produce search results and links to sites that some people find objectionable, inappropriate, or offensive. We cannot guarantee that a link found on any of the sites developed by Click First Services will not locate unintended or objectionable content and we assume no responsibility for the content of any site included in any search result or otherwise linked to by Click First Services.

 

Online Content

Opinions, advice, statements, offers, or other information or content posted or otherwise made available through Click First Services are those of their respective authors and not of Click First Services LLC or its affiliates and should not necessarily be relied upon. Such authors are solely responsible for the accuracy of such content. Click First Services LLC does not guarantee the accuracy, completeness, or usefulness of any information on Clickfirst.com and neither adopts nor endorses nor is responsible for the accuracy or reliability of any opinion, advice or statement made. Click First Services LLC nor its affiliates will be responsible for any loss or damage resulting from anyone’s reliance on information or other content posted on Clickfirst.com.

Except as specifically stated on this site, neither Click First Services LLC nor any of its directors, employees or other representatives will be liable for damages arising out of or in connection with the use of this site. This is a comprehensive limitation of liability that applies to all damages of any kind, including (without limitation) compensatory, direct, indirect or consequential damages, loss of data, income or profit, loss of or damage to property and claims of third parties.

Testimonials and user experiences appearing on this site may reflect real life situations and experiences of products, methods or practices that have worked for them. However, results may vary. The testimonials are not necessarily representative of all of those who will use featured products or recommendations.

 

Privacy Policy

Please review our Privacy Policy.

 

Changes in Terms and Conditions and Services 

We may modify or terminate our services from time to time, for any reason, and without notice, including the right to terminate with or without notice, without liability to you, any other user or any third party. We reserve the right to modify these Terms of Service from time to time without notice. Please review these Terms of Service from time to time so that you will be apprised of any changes.

 

Intellectual Property Policy 

It is our policy to respond to notices of alleged infringement that comply with the Digital Millennium Copyright Act. For information regarding our trademark complaint procedure, please contact us.

 

Member Agreement – Acceptance of Terms 

This Member Agreement, together with all schedules and annexes attached hereto, is a legal agreement (“Agreement”) between you, the user, together with any company or other business entity you are representing, if any (collectively, the “Member”) and Click First Services LLC Limited (“Click First Services LLC”). This Agreement governs the access and use of all products and services relating to each Member-created business profile for which Member subscribes from Click First Services LLC (individually, a “Member Profile” and collectively, “Member Profiles” or “Member Profile”) and which are provided and administered by Click First Services LLC and its agents, suppliers, licensors, and third party contractors (collectively, the “Business Listing Services”). The Business Listing Services may include, at Click First Services LLC’s discretion, inclusion of your Member Profile in a Click First Services LLC online business directory initially known as the Click First Services LLC Business Directory (the “ ClickFirst® Businesses Directory”). The general Click First Services LLC Terms of Use, available at http://www.Click First.com, are incorporated by reference into and made a part of this Agreement, except to the limited extent that the general Click First Services LLC Terms of Use are expressly modified below. IF MEMBER DOES NOT AGREE TO THE TERMS OF THIS AGREEMENT, MEMBER CANNOT PURCHASE, USE OR OTHERWISE ACCESS THE BUSINESS LISTING SERVICES. The Business Listing Services is offered to Member conditioned upon Member’s acceptance without modification of this Agreement. Member acknowledges that, from time to time, it may be necessary for Click First Services LLC to update or revise certain provisions of the Agreement. By signing up for the Business Listing Services and accepting this Agreement, Member agrees that Click First Services LLC may change the terms of the Agreement in its sole discretion without specific notice to Member. If Member does not agree to the changes implemented by Click First Services LLC, Member’s sole and exclusive remedy is to cancel Member’s subscription to the Business Listing Services (“Member’s Account”). Unless explicitly stated otherwise, any new features or products that change, augment or enhance the current Business Listing Services shall be subject to this Agreement. Member’s access to and use of the Business Listing Services is further subject to the Click First Services LLC Privacy Policy which is available on Click First Services LLC’s website and is incorporated by reference herein.

 

General Use of the Business Listing Services 

Member shall not use the Business Listing Services, in whole or in part, for any purpose that is false, misleading, deceptive, unlawful or prohibited by this Agreement. Without limiting the generality of the foregoing, Member agrees that Member will not modify, copy, distribute, transmit, display, perform, reproduce, publish, license, create derivative works from, frame in another web page, use on any other website or product, transfer, or sell any information, content, artwork, graphics, software, lists of users, databases or other lists, products or services provided through or obtained from the Business Listing Services other than for use as expressly permitted by this Agreement. This means, among other activities, that Member agrees not to engage in the practices of “screen scraping,” “database scraping,” or any other activity with the purpose of obtaining lists of users or other information. Member agrees that Member will not use the Business Listing Services in any manner that could damage, disable, overburden, or impair the Business Listing Services or interfere with any other person’s use and enjoyment of the Business Listing Services. Member may not obtain or attempt to obtain any materials or information through any means not intentionally made available or provided for through the Business Listing Services. Except with the written permission of Click First Services LLC, Member agrees that Member will not access or attempt to access password protected, secure or non-public areas of the Business Listing Services. Without limiting any of Click First Services LLC’s rights or remedies under this Agreement or available to Click First Services LLC at law or in equity, if Member violates any of the above restrictions Member’s Account may be terminated and Member may be subject to prosecution.

 

Charges and Billing 

Click First Services LLC reserves the right to charge fees for the Business Listing Services or any portion thereof and any applicable fees will be posted on the Click First Services LLC website. If Member is required to pay a fee for all or any part of the Business Listing Services for which Member has chosen to subscribe, Member hereby authorizes Click First Services LLC to charge Member’s valid and current credit or debit card in advance for all applicable fees incurred by Member in connection with Member’s Account. Member’s Account will automatically renew at the end of each applicable subscription period, unless Member’s Account is terminated in advance of the end of the then-current subscription period. If there are any annual, monthly or similar periodic subscription fees associated with Member’s Account, these fees will be billed automatically to the Member’s designated valid and current credit or debit card at the start of each renewal period, unless Member terminates Member’s Account before the relevant period begins. If Member registered for the Business Listing Services using a Click First Services LLC promotional code or discount, after the initial promotional period expires, Member’s subscription (base package and any purchased upgrades) will automatically be renewed and billing will continue at the then-current prices for the Business Listing Services. Member further acknowledges that it is Member’s responsibility to notify Click First Services LLC of any changes to Member’s credit card and to update Member’s credit card number if Member’s credit card has expired, or Member’s Account and access to the Business Listing Services may be terminated or interrupted. All fees associated with Member’s Account shall be paid in U.S. dollars. Click First Services LLC reserves the right to change any fees (which includes but is not limited to, increasing prices on existing or new Business Listing Services and charging a fee for upgrades and/or a Business Listing Services for which Click First Services LLC does not currently charge a fee) at any time and from time to time, provided, however, that Click First Services LLC will provide Member with reasonable notice prior to making any fee changes to existing Business Listing Services. If Member finds any change to the pricing of any Business Listing Services to be unacceptable for Member’s continued use of the Business Listing Services, Member is free to cancel such Business Listing Services and terminate Member’s Account at any time, but Click First Services LLC will not be obligated to refund any remaining portion of Member’s pre-paid fees when Member cancels such Business Listing Services. Member agrees to pay Member’s Account balance when due. Member also agrees to pay any taxes, including sales, use, value added or other similar taxes, resulting from Member’s use of the Business Listing Services. Member is responsible and liable for any fees, including attorney and collection fees, that Click First Services LLC may incur in its efforts to collect any remaining balances due from Member. This Section  shall in no way limit any other remedies available to Click First Services LLC at law or in equity. Member also acknowledges and agrees that Member will be billed for and will pay any outstanding balances if Member’s Account is terminated due to Member’s breach of this Agreement. Member must notify Click First Services LLC of any billing problems or discrepancies within sixty (60) days after they first appear on Member’s credit card account statement. If Member does not notify Click First Services LLC within sixty (60) days, Member waives any right to dispute such problems or discrepancies.

 

Click First Services LLC Support Services 

Click First Services LLC offers certain support services at no additional charge. Support is limited only to technical questions about the Business Listing Services. Non-technical questions including,  but not limited to, questions relating to design, search engine optimization, marketing planning or similar services, are not be included in the phone support services offered at no additional charge. Members may contact Click First Services LLC by emailing us at info@clickfirst.com.

 

Member Registration/Privacy Policy 

In order to register for and maintain an account on clickfirst.com and for Member to participate in the Business Listing Services, Click First Services LLC will require Member to provide specific information about Member and Member’s business (collectively, “Member Data”). Member agrees to provide true, accurate and complete information and to refrain from impersonating or falsely representing Member’s affiliation with any person or entity. Member shall maintain with Click First Services LLC a valid email address for Member at all times. Member shall be responsible for maintaining the confidentiality of Member’s Account and password and shall be responsible for any and all transactions by users given access to such account or password and any and all consequences of use or misuse of such account and password. Member shall be responsible for all actions by such users, including without limitation present and former employees, partners, agents and representatives, and shall indemnify Click First Services LLC for such actions as set forth herein.  Member certifies that he or she is the owner or authorized representative of each business for which Profile Data is supplied and/or for which an account is opened or maintained. In connection with the Business Listing Services, Member will be submitting information, data, text, images, photographs, graphics, sound, video and other content to Click First Services LLC for inclusion in the Member Profile, including, without limitation, the business name, business address, telephone number and all other data and content (collectively, “Profile Data”). Member acknowledges that Profile Data is intended for publication as part of the Business Listing Services (including, if applicable, publication within the Click First Services LLC Business Directory), and Member authorizes Click First Services LLC to publish and publicly distribute its Profile Data, including, without limitation, distribution to third-party data partners that may redistribute such Profile Data. As such, Member acknowledges and agrees that its Profile Data will not be subject to, and will not be maintained and/or used by Click First Services LLC in accordance with, the Click First Services LLC Privacy Policy.

 

Member Account Limitations 

Member hereby acknowledges that Click First Services LLC may, from time to time, in its sole discretion, establish general practices and limits concerning the use of the Business Listing Services and Member Profile, including without limitation, (a) the maximum number of days that specific Business Listing Services offerings will be retained by Click First Services LLC, (b) whether your Member Profile will be included in the Click First Services LLC Business Directory and, if so, the maximum limits on Click First Services LLC Business Directory bandwidth usage that will be allotted to Member, (c) maximum limits on storage space, (d) the maximum number of Member Profiles per Member’s Account, (e) the maximum number of photographs or other data (if any) according to the type of Member’s Account, (f) maximum limits on the amount of content that may be included in each Member Profile, and (g) maximum time limitations for the retention of Profile Data (as defined above) following any trial periods or account cancellation. Click First Services LLC further reserves the right to delete at any time, in its sole discretion and without prior notice, duplicate images uploaded to the Business Listing Services. Any of the foregoing limits will be consistent with the Business Listing Services (including any upgrades) for which Member has registered. Member agrees that Click First Services LLC has no responsibility or liability for the deletion or failure to store any content maintained or transmitted by the Business Listing Services, including without limitation any Profile Data. Member further acknowledges and agrees that Click First Services LLC reserves the right to change these general practices and limits at any time, in its sole discretion. If Member finds any such changes to be unacceptable for Member’s continued use of the Business Listing Services, Member may cancel the Business Listing Services and terminate Member’s Account at any time, but Click First Services LLC will not be obligated to refund any remaining portion of Member’s pre-paid fees. A member may cancel his/her subscription at any time, however if cancellation occurs within the first two (2) months of membership, a cancellation fee of $35 will be charged.

 

Exchange of Information and Monitoring 

The Business Listing Services enables Members to disseminate information to other users or the public. Click First Services LLC is under no obligation, but does reserve the right in its sole discretion, to monitor, pre-screen, filter, modify, refuse and remove any and all such information and other Profile Data published through the Business Listing Services or stored in its servers without notice at any time. Click First Services LLC is not responsible for the appropriateness, legality, integrity, accuracy, sufficiency, correctness, veracity, completeness, or timeliness of any such Profile Data. Click First Services LLC also reserves the right to disclose any information or materials belonging to any person or entity as necessary to satisfy any applicable law, rule, regulation, legal process, governmental request or contractual obligation binding upon Member. Member acknowledges that Member should always use caution when including any personally identifying information about Member or Member’s employees within a Member Profile.

 

Member Conduct (Code of Conduct)

Member’s right to use the Business Listing Services is personal to Member and Member’s company and its employees (if applicable). Member, and not Click First Services LLC, is entirely responsible for all Profile Data included by Member or its affiliates, agents, employees, representatives, or customers within a Member Profile or otherwise submitted or provided to Click First Services LLC for publication or distribution via the Business Listing Services. Member, and not Click First Services LLC, is responsible for compliance with all laws, regulations and ordinances connected with all aspects of the creation, use and maintenance of the Member Profile and all Profile Data by Member and its affiliates, employees, agents, representatives and customers. Member shall not use the Profile Data, Member Profiles or Business Listing Services in any false, misleading or deceptive manner or for any purpose in violation of any local, state, federal or foreign law. Member must provide all required and appropriate warnings, information and disclosures, comply with all applicable laws and regulations, and take all other required and appropriate actions in connection with the creation, use and maintenance of the Profile Data, Business Listing Services and Member Profiles by Member and its affiliates, employees, agents, representatives and customers. If the Business Listing Services or Member Profiles do not provide adequate facility or features for Member to provide such information or take such actions, then Member shall not create, use or access the Profile Data, Business Listing Services or Member Profiles or permit any other party to do so.

With respect to any Profile Data, Member Data, or End-User Data (as defined below) on the Business Listing Services and Member Profiles, Member agrees not to submit, post, upload, transmit or otherwise make available any Profile Data, Member Data, End-User Data or other information that:

  1. Is false, misleading or deceptive to others, including but not limited to consumers that may view Member Profiles;
  2. Is unlawful, threatening, abusive, harassing, tortious, defamatory, obscene, harmful, libelous, invasive of another’s privacy, hateful, or racially or ethnically objectionable;
  3. Member does not have a right to submit, post, upload transmit or otherwise make available under any law (including without limitation data privacy laws or export control restrictions) or under contractual or fiduciary relationships (such as information learned or disclosed as part of employment relationships or under nondisclosure agreements);
  4. Infringes or violates any party’s patent, trademark, trade secret, copyright or other proprietary right;
  5. Contains software viruses or any other computer codes, worms, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment and/or that attempts to access the accounts of others, or attempts to penetrate security measures of Click First Services LLC, its vendors or suppliers or other entities’ systems (“hacking”), whether or not the intrusion results in corruption or loss of data;
  6. Imposes an unreasonable or disproportionately large load on Click First Services LLC’s infrastructure or that exceeds the limits provided by the Business Listing Services for which Member registered; or
  7. Includes any unsolicited or unauthorized advertising, promotional materials, “spam,” “chain letters,” “pyramid schemes,” “junk mail,” or any other similar form of solicitation.
  8. With respect to use of the Business Listing Services and Member Profiles, Member further agrees not to:
  9. Interfere with, disrupt or harm in any way the Business Listing Services or servers or networks connected to the Business Listing Services, or disobey any requirements, procedures, policies or regulations of networks connected to the Business Listing Services;
  10. Intentionally or unintentionally violate any applicable local, state, Federal or foreign laws, including, but not limited to, rules and regulations promulgated by the U.S. Securities Exchange Commission, U.S. Federal Trade Commission, U.S. Federal Communications Commission, U.S. Department of State, U.S. Department of Treasury, U.S. Department of Commerce, any rules and regulations of national or other securities exchanges, including without limitation, the New York Stock Exchange, the American Stock Exchange or the NASDAQ, and any applicable regulations having the force of law;
  11. Impersonate any person or entity or falsely state or otherwise misrepresent Member’s affiliation with any person or entity;
  12. Promote or provide instructional information about illegal activities, promote physical harm or injury against any group or individual, or promote any act of cruelty to animals;
  13. Sell, distribute, disseminate or link to any sites for marketing, sales, or distribution of: firearms, explosives, ammunition, tobacco products and any other products or services that member cannot legally sell, are misrepresented, and/or if sold via a Member Profile could cause Click First Services LLC to violate any law, statute or regulation;
  14. Post or disclose any personal or private information or images about children or any third party without their express written consent (or a parent’s express written consent in the case of a minor), or engage in any activities that would violate the personal privacy rights of others;
  15. Violate any third party contracts to which Member is subject as a result of its access to or use of the Business Listing Services.

 

Third Party Content 

For Member’s convenience, the Business Listing Services may contain products, services, content and information from third party providers (such as advertisers and affiliates) and/or links to their Websites (“Third Party Content”). Such Third Party Content is not under the control of Click First Services LLC and Click First Services LLC is not responsible for such content, including, without limitation, any link contained in such content, or any changes or updates to such content. Click First Services LLC is under no obligation, but does reserve the right in its sole discretion to pre-screen Third Party Content available on the Business Listing Services. Click First Services LLC is not responsible for, disclaims all liability for and makes no representations or warranties for any Third Party Content provided by others. Click First Services LLC is providing such Third Party Content to Member only as a convenience, and the inclusion of such content does not imply endorsement by Click First Services LLC of such Third Party Content or the affiliate or advertiser. Member may be subject to additional and/or different terms, conditions, and privacy policies when using third party products, services, content, software, or sites and agrees to comply with any and all end-user obligations or terms and conditions imposed by the providers of such Third Party Content. Click First Services LLC reserves the right to remove any Third Party Content that does not meet Click First Services LLC’s standards, but Click First Services LLC is not responsible for any failure or delay in removing such Third Party Content. Click First Services LLC is not and will not be responsible for (i) the terms and conditions of any transaction between Member and any third party, (ii) any insufficiency of, suspension of or problems with any such third party’s service, background, insurance, credit or licensing, or (iii) the quality of any Third Party Content provided by any such third party or any other legal liability arising out of or related to any Third Party Content. In the event that Member has a dispute with any such third party, Member releases Click First Services LLC (and its affiliates, suppliers, agents and employees) from any and all claims, demands and damages (actual and consequential) of every kind and nature, known and unknown, suspected and unsuspected, disclosed and undisclosed, arising out of or in any way connected with such disputes.

 

Advertising

Click First Services LLC will have complete and absolute control over the content of the Click First Services LLC Business Directory, including, without limitation, any advertising for Click First Services LLC or third-party products or services that may be shown on any page of the Click First Services LLC Business Directory, including business profile pages. By subscribing to the Business Listing Services, Member agrees that Click First Services LLC retains such complete and absolute control, including the right to run such advertisements and promotions. The manner, mode and extent of advertising by Click First Services LLC on your Click First Services LLC Business Directory profile page are subject to change in the sole discretion of Click First Services LLC.

 

Termination/Cancellation of Member’s Account

Either Member or Click First Services LLC may terminate or cancel Member’s Account and/or Member’s use of and access to all or part of the Business Listing Services and Member Profiles at any time, as follows:

  1. Termination by Member. Member may cancel Member’s Account or any part of the Business Listing Services at any time. Member will receive a cancellation confirmation via email after Click First Services LLC processes Member’s cancellation request. Upon confirmation of such cancellation, Member will forfeit all credits, pre-paid fees, and any other amounts accruing to Member, if any, and Click First Services LLC shall not be required to refund, redeem, or pay any such or other amounts to Member. Click First Services LLC also reserves the right to collect fees incurred before Member cancels Member’s Account in addition to any applicable cancellation fee(s). Member must provide Click First Services LLC with the following information in order for Click First Services LLC to process the cancellation.
  1. Termination by Click First Services LLC. Click First Services LLC, in its sole discretion, may terminate Member’s Account and Member’s use of and access to the Business Listing Services and Member Profiles, including without limitation any related domain names, at any time and for any reason, including, without limitation, (i) if Member breaches this Agreement, including, without limitation, due to (X) failure of Member to make any required payments to Click First Services LLC when due, or (Y) failure of Member to comply with the member conduct rules set forth in this Agreement, including without limitation to any Section above; (ii) if Click First Services LLC is unable to verify or authenticate any information that Member provides to Click First Services LLC; (iii) Click First Services LLC concludes in its sole discretion that Member’s use of or access to the Business Listing Services or Member Profiles may result in liability to Click First Services LLC or its suppliers or licensors, or (iv) upon the bankruptcy or insolvency of Member. If Click First Services LLC terminates Member’s Account pursuant to (i), (ii), (iii) or (iv) above, Member will forfeit all credits, pre-paid fees, and any other amounts accruing to Member, if any, and Click First Services LLC shall not be required to refund, redeem, or pay any such or other amounts to Member.
  2. Effect of Termination. Upon cancellation or other termination of Member’s Account for any reason, Click First Services LLC shall (a) collect all fees, commitments and obligations incurred or accrued by Member; (b) delete any Profile Data, Member Data, businesses, messages or other information in connection with Member’s Account and Member’s use of or access to the Business Listing Services and Member Profile; and (c) prohibit Member’s access to and use of Member’s Account, the Business Listing Services and the Member Profiles, including without limitation by deactivating Member’s password. In no event shall Click First Services LLC be required to return any Profile Data to Member upon any such termination. Click First Services LLC is not responsible for any damages to or losses incurred by Member or any third party in the event Member chooses to cancel the Member Account and Click First Services LLC takes any of the above actions. Member understands and agrees that Member’s cancellation of Member’s Account is Member’s sole right and remedy with respect to any dispute with Click First Services LLC. This includes, but is not limited to, any dispute related to, or arising out of: (1) any term of this Agreement or Click First Services LLC’s enforcement or application of any such term; (2) any policy or practice of Click First Services LLC or Click First Services LLC’s enforcement or application of these policies; (3) any content available through the Business Listing Services or any change in content provided through the Business Listing Services; (4) Member’s ability to access or use the Business Listing Services or Member Profiles; or (5) the amount or type of fees, surcharges, applicable taxes, billing methods or change to the fees, applicable taxes, surcharges or billing methods, if any.

 

Disclaimer of Warranties

Click First Services, LLC disclaims any and all responsibility or liability for the accuracy, content, completeness, legality, reliability, or operability or availability of information or material displayed on ClickFirst.com or any link provided. Click First Services disclaims any responsibility for the deletion, failure to store, mis-delivery, or untimely delivery of any information or material. Click First Services disclaims any responsibility for any harm resulting from downloading or accessing any information or material on the Internet through ClickFirst.com or any of the sites maintained by Click First Services LLC.

CLICKFIRST.COM, AND ALL MATERIALS, INFORMATION, PRODUCTS AND SERVICES PROVIDED BY CLICK FIRST SERVICES ARE PROVIDED “AS IS,” WITH NO WARRANTIES WHATSOEVER. CLICK FIRST SERVICES AND ITS LICENSORS EXPRESSLY DISCLAIM TO THE FULLEST EXTENT PERMITTED BY LAW ALL EXPRESS, IMPLIED, AND STATUTORY WARRANTIES, INCLUDING, WITHOUT LIMITATION, THE WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT OF PROPRIETARY RIGHTS. CLICKFIRST AND ITS LICENSORS DISCLAIM ANY WARRANTIES REGARDING THE SECURITY, RELIABILITY, TIMELINESS, AND PERFORMANCE OF CLICKFIRST.COM. CLICK FIRST SERVICES AND ITS LICENSORS DISCLAIM, ANY WARRANTIES FOR ANY INFORMATION OR ADVICE OBTAINED THROUGH CLICKFIRST.COM. CLICK FIRST SERVICES AND ITS LICENSORS DISCLAIM ANY WARRANTIES FOR SERVICES OR GOODS RECEIVED THROUGH OR ADVERTISED ON CLICKFIRST.COM OR RECEIVED THROUGH ANY LINKS PROVIDED BY CLICK FIRST, AS WELL AS FOR ANY INFORMATION OR ADVICE RECEIVED THROUGH ANY LINKS PROVIDED BY CLICK FIRST SERVICES. YOU UNDERSTAND AND AGREE THAT YOU DOWNLOAD OR OTHERWISE OBTAIN MATERIAL OR DATA THROUGH THE USE OF ANY SITE OPERATED BY CLICK FIRST SERVICES AT YOUR OWN DISCRETION AND RISK AND THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGES TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF SUCH MATERIAL OR DATA. SOME STATES OR OTHER JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES, SO THE ABOVE EXCLUSIONS MAY NOT APPLY TO YOU. YOU MAY ALSO HAVE OTHER RIGHTS THAT VARY FROM STATE TO STATE AND JURISDICTION TO JURISDICTION.

 

Limitation of Liability

UNDER NO CIRCUMSTANCES SHALL CLICK FIRST SERVICES OR ITS LICENSORS BE LIABLE TO ANY USER ON ACCOUNT OF THAT USER’S USE OR MISUSE OF OR RELIANCE ON CLICKFIRST.COM, ARISING FROM ANY CLAIM RELATING TO THIS AGREEMENT OR THE SUBJECT MATTER HEREOF SUCH LIMITATION OF LIABILITY SHALL APPLY TO PREVENT RECOVERY OF DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, EXEMPLARY, AND PUNITIVE DAMAGES WHETHER SUCH CLAIM IS BASED ON WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE), OR OTHERWISE, (EVEN IF CLICK FIRST SERVICESOR ITS LICENSORS HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES). SUCH LIMITATION OF LIABILITY SHALL APPLY WHETHER THE DAMAGES ARISE FROM USE OR MISUSE OF AND RELIANCE ON CLICKFIRST.COM, FROM INABILITY TO USE CLICKFIRST.COM, OR FROM THE INTERRUPTION, SUSPENSION, OR TERMINATION OF CLICKFIRST.COM (INCLUDING SUCH DAMAGES INCURRED BY THIRD PARTIES). THIS LIMITATION SHALL ALSO APPLY WITH RESPECT TO DAMAGES INCURRED BY REASON OF OTHER SERVICES OR GOODS RECEIVED THROUGH OR ADVERTISED ON CLICKFIRST.COM OR RECEIVED THROUGH ANY LINKS PROVIDED ON CLICKFIRST.COM, AS WELL AS BY REASON OF ANY INFORMATION OR ADVICE RECEIVED THROUGH OR ADVERTISED ON CLICKFIRST.COM OR RECEIVED THROUGH ANY LINKS PROVIDED ON CLICKFIRST.COM. THIS LIMITATION SHALL ALSO APPLY, WITHOUT LIMITATION, TO THE COSTS OF PROCUREMENT OF SUBSTITUTE GOODS OR SERVICES, LOST PROFITS, OR LOST DATA. SUCH LIMITATION SHALL FURTHER APPLY WITH RESPECT TO THE PERFORMANCE OR NON-PERFORMANCE OF CLICKFIRST.COM OR ANY INFORMATION OR MERCHANDISE THAT APPEARS ON, OR IS LINKED OR RELATED IN ANY WAY TO, CLICK FIRST. SUCH LIMITATION SHALL APPLY NOTWITHSTANDING ANY FAILURE OF ESSENTIAL PURPOSE OF ANY LIMITED REMEDY AND TO THE FULLEST EXTENT PERMITTED BY LAW. SOME STATES OR OTHER JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATIONS AND EXCLUSIONS MAY NOT APPLY TO YOU.

Without limiting the foregoing, under no circumstances shall Click First Services or its licensors be held liable for any delay or failure in performance resulting directly or indirectly from acts of nature, forces, or causes beyond its reasonable control, including, without limitation, Internet failures, computer equipment failures, telecommunication equipment failures, other equipment failures, electrical power failures, strikes, labor disputes, riots, insurrections, civil disturbances, shortages of labor or materials, fires, floods, storms, explosions, acts of God, war, governmental actions, orders of domestic or foreign courts or tribunals, non-performance of third parties, or loss of or fluctuations in heat, light, or air conditioning.

 

Requests for Removal of Links or Cached Materials 

Click First Services may occasionally receive requests from people to remove links from its indices. Click First Services reserves the right to address such requests individually.

 

Proprietary Rights 

You acknowledge and agree that all content and materials available on this site are protected by copyrights, trademarks, service marks, patents, trade secrets, or other proprietary rights and laws. Except as expressly authorized by Click First, you agree not to sell, license, rent, modify, distribute, copy, reproduce, transmit, publicly display, publicly perform, publish, adapt, edit, or create derivative works from such materials or content. Notwithstanding the above, you may print or download one copy of the materials or content on this site on any single computer for your personal, non-commercial use, provided you keep intact all copyright and other proprietary notices. Systematic retrieval of data or other content from this site to create or compile, directly or indirectly, a collection, compilation, database or directory without written permission from Click First Services, LLC is prohibited. In addition, use of the content or materials for any purpose not expressly permitted in these Terms of Service is prohibited.

As noted above, reproduction, copying, or redistribution for commercial purposes of any materials or design elements on this site is strictly prohibited without the express written permission of Click First Services, LLC. Permission is granted only when certain limited criteria are met. For information on requesting such permission, please contact us. For the Terms of Use and/or Terms of Service of Web sites linked to by ClickFirst.com see that Web site.

 

User’s Grant of Limited License

By posting or submitting content to this site, you:

  1. Grant Click First Services and its affiliates and licensees the right to use, reproduce, display, perform, adapt, modify, distribute, have distributed, and promote the content in any form, anywhere and for any purpose; and
  2. Warrant and represent that you own or otherwise control all of the rights to the content and that public posting and use of your content by Click First Services will not infringe or violate the rights of any third party.

 

Choice of Law and Forum

These Terms of Service shall be governed by and construed in accordance with the laws of the State of Florida, excluding its conflicts of law rules. You expressly agree that the exclusive jurisdiction for any claim or action arising out of or relating to these Terms of Service or your use of this site shall be filed only in the state or federal courts located in the State of Florida, Pinellas County and you further agree and submit to the exercise of personal jurisdiction of such courts for the purpose of litigating any such claim or action. If for any reason a court of competent jurisdiction finds any provision or portion of the Terms of Service to be unenforceable, the remainder of the Terms of Service will continue in full force and effect.

 

Miscellaneous Provisions

These Terms of Service constitute the entire agreement between the parties with respect to the subject matter hereof and supersedes and replaces all prior or contemporaneous understandings or agreements, written or oral, regarding such subject matter. Any waiver of any provision of the Terms of Service will be effective only if in writing and signed by Click First Services, LLC.