WEBSITE TERMS OF USE

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  1. GENERAL.   You are currently viewing a page on the website belonging to CardFlex, Inc. d/b/a Cliq (“Cliq”). This Site and various services provided thereon (collectively, the “Services”) are expressly subject to these Website Terms of Use, which represents a valid, enforceable contract between you and Cliq. Please read them carefully, as by accessing the Site you manifest your assent to be bound by them. If you create or use an account on behalf of a business or corporate entity, you also represent that you are fully authorized to act on behalf of such entity.
  2. CHANGES TO TERMS; TERMINATION. Cliq hereby reserves the right to modify or cancel these Terms of Use at any time any without prior notice to you. However, the most current version of the Terms of Use will be posted to the www.cliq.com website. If, at some later stage, you find any change to these Terms of Use to be unacceptable to you for any reason, simply leave the Site and refrain from accessing it. By continuing to access the Site after any change to these Terms of Use have been posted, you agree to be bound by whatever is contained in their most recent version. Further, be advised that certain services and functionality accessible via the Site may be cogoverned by separate terms and conditions provided by Cliq and/or third parties, including without limitation one or more financial institutions. In the event of any conflict or ambiguity arising between such additional terms and conditions and these Terms of Use, the additional terms and conditions specific to that service or functionality will govern, except as otherwise specifically stated herein.
  3. ACCOUNT REGISTRATION. You have an opportunity to register for an account on this Site. This allows us to help customize content for your particular needs. By registering for such an account, you agree to provide complete, timely and accurate information. Any nonpublic personally-identifiable information you provide pursuant to such registration will be governed by our Privacy Policy, a copy of which can be found here. Please also be advised that while Cliq cares about the security and privacy of its users, and works very hard to protect your account and personal information, there is simply no way to guarantee that unauthorized third parties will never be able to defeat its security measures. As such, we ask that you always use strong passwords and, most importantly, notify Cliq immediately in writing of any potential unauthorized use of your account or personal information.
  4. PROHIBITED USES.   You agree not to use the Site or any services provided thereon in contravention of these Terms of Use. We reserve the right to terminate your access to the Site, in whole or in part, at any time and without further notice to you if we believe, in our sole discretion, that you have engaged in any Prohibited Use described herein, or have otherwise violated these Terms of Use or applicable law in any manner whatsoever. For purposes of this section, “Prohibited Uses” include, without limitation:
  • Violating applicable law, regulation or the terms of any agreements you may have with Cliq
  • Disseminating content that is abusive, dishonest, illegal, defamatory, or obscene;
  • Impersonating another person, company or entity, or using access credentials that we not assigned to you;
  • Accessing, searching or viewing the Site via any methods besides our standard interfaces (g., screen-scraping, crawling, or spidering);
  • Probing, scanning or testing the vulnerability of our Site or any network it resolves to;
  • Breaching or circumventing any security, authentication or access control measures;
  • Decompiling or reverse engineering the Site or any portion thereof;
  • Sending spam, or other unsolicited communications, promotions or advertisements;
  • Engaging in phishing, social engineering or other methods of procuring others’ personal information;
  • Disrupting or placing an unreasonable load on the Site, or any network infrastructure that it resolves to by, inter alia, spreading computer viruses and/or malware, engaging in Denial-Of-Service (“DDoS”) attacks, flooding, mail-bombing or other harmful activities.

Finally, this Site is not intended to be viewed by individuals under 13 years old. If you are not 13 years old or older, you should not be accessing the Site.

  1. WEBSITE CONTENT. The information on this Site is for information purposes only. Cliq uses commercially reasonable efforts to ensure it is reliable, timely, and accurate, but does not make any specific warranty or representation concerning such reliability, timeliness or accuracy. As with the Terms of use, the contents of this Site may change without prior notice to you. Further, access to the Site may be delayed, limited or prevented, due to any number of factors, including but not limited to:
  • Hardware or software failure or malfunction
  • Damage caused by severe weather, fires, earthquakes, riots, wars, civil commotions, Acts of God, water damage, explosion, accidents, mechanical breakdown or natural disasters;
  • Power or telecommunication service interruption; and
  • Human intervention or other causes beyond Cliq’s reasonable control.

The Site may, from time to time, contain links to websites or other online locations controlled by third parties (‘Third Party Websites”). Cliq has no control over, and hereby disclaims, any liability for the content, products, services, policies or security of such Third Party Website. In the event you choose to access any Third Party Website, or use any services or functionality available thereon, you agree that Cliq shall have no responsibility for such use, and agree to adhere to the applicable terms of use (if any) governing that website.

  1. INTELLECTUAL PROPERTY.  

Copyright.   The contents of this Site are owned and controlled by Cliq, including all source and object code, and are protected by U.S. copyright laws and various international treaties. Cliq grants you a limited, fully revocable license to view the information posted on the Site solely for your informational purposes. To facilitate such viewing, this limited license encompasses the transitory download of certain copyrighted materials to your computer, as part of normal Internet browsing. However, you acknowledge that you do not acquire any ownership or other proprietary rights merely by doing so. Furthermore, you may not use, copy, reproduce, display, distribute, disseminate, transfer, link to, license, frame, derive, or republish the Site, or any portion thereof, without prior written consent.

Trademark. Words such as “Cliq,” “Tips By Cliq” and various other terms and phrases, as well as certain logo designs, such as the “Cliq” C-square logo, are either protected by federal trademark registrations, or under common law. They may not be used or reproduced without express written consent. Other words or symbols appearing on the Site may also be trademarks of their respective owners.

Notices of IP Infringement. If you believe in good faith that materials available on the Site infringes your copyright, trademark or other proprietary rights, please send us a written notification with the following information:

  • Identification and/or description of the work that you claim has been infringed;
  • Identification and/or description of where the material that you claim is infringing can be found on our Site;
  • Your address, telephone number, and email address;
  • A statement that you have a good-faith belief that the use of the allegedly infringing material is not authorized by you, your agent, or the law;
  • A statement, made under penalty of perjury, that the information in your notice is accurate and that you own, or are authorized to act on behalf of the owner, of the work in question; and
  • Your physical or electronic signature.

Notices sent pursuant to this section may be addressed and delivered to us at: legal@cliq.com. To help ensure timely processing, please include “NOTICE OF INFRINGEMENT” in the subject line.

  1. DISCLAIMER OF WARRANTIES. THE SITE IS PROVIDED TO YOU “AS-IS,” “WHERE IS” AND “WHERE AVAILABLE,” AND IS OFFERED, AS PERMITTED UNDER APPLICABLE LAW, WITHOUT ANY REPRESENTATION OR WARRANTY, EXPRESS, IMPLIED OR STATUTORY, INCLUDING WITHOUT LIMITATION WARRANTIES OF TITLE, MERCHANTABILITY, ACCESSIBILITY, FREEDOM FROM VIRUSES OR OTHER MALICIOUS ITEMS, FITNESS FOR A PARTICULAR PURPOSE AND/OR NON-INFRINGEMENT.
  2. LIMITATION OF LIABILITY. OUR LIABILITY TO YOU, OR TO ANY THIRD PARTIES IN ANY CIRCUMSTANCE IS SPECIFICALLY LIMITED TO THE ACTUAL AMOUNT OF DIRECT DAMAGES. UNDER NO CIRCUMSTANCES SHALL CLIQ BE LIABLE FOR ANY DAMAGES OR LOSSES (INCLUDING, BUT NOT LIMITED TO, LOSS OF MONEY, OPPORTUNITY, GOODWILL, REPUTATION, PROFITS, OR OTHER INTANGIBLE LOSSES) OR ANY FORM OF SPECIAL, INDIRECT, OR CONSEQUENTIAL DAMAGES, RESULTING DIRECTLY OR INDIRECTLY FROM YOUR USE, OR INABILITY TO MAKE USE, OF THE SITE OR ANY SERVICES OR FUNCTIONALITY OFFERED THEREON, REGARDLESS OF WHETHER CLIQ HAS BEEN APPRISED OF THE LIKELIHOOD OF SUCH DAMAGES OR LOSSES OCCURRING, AND WITHOUT CONSIDERATION OF THE FORM OF ACTION, BE IT CONTRACT, WARRANTY, TORT, (INCLUDING NEGLIGENCE), STRICT LIABILITY, OR OTHERWISE.
  3. MISCELLANEOUS.

Headings. Headings are for illustration purposes only and do not limit the scope or extent of the contents of any part of these Terms of Use.

Severability. Except as otherwise provided for herein, if any portion of these Terms of Use are held to be invalid, void or unenforceable for any reason, said portion should be deemed severed and having no effect on the validity and enforceability of any remaining portions.

Assignability. You may not transfer or assign any rights or obligations you have under these Terms of Use without prior written consent. However, we may assign these Terms of Use, and any rights or privileges granted thereunder, at any time and without prior notice to you.

Governing Law, Disputes.  These Terms of Use are governed by the Laws of the State of California, without regard to its conflict of law principles. Any dispute based on an alleged violation of these Terms of Use shall be resolved via the competent courts of the State of California, in the County of Orange. You hereby consent to personal jurisdiction and proper venue in Orange County, California.

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Last Revision Date: July 24, 2017