Clixon Group LLC Terms of Service

 

Thank you for selecting the Services offered by Clixon Group LLC.  Review these Terms of Service ("Agreement") thoroughly. This Agreement is a legal agreement between you and Clixon Group LLC. By accepting electronically (for example, clicking "I Agree"), accessing or using the Services, you agree to these terms. If you do not agree to this Agreement, then you may not use the Services.

A. GENERAL TERMS 

1. AGREEMENT

This Agreement describes the terms governing your use of the Clixon online services provided to you on this website, including content, updates and new releases, (collectively, the "Services"). It includes by reference:

  • Clixon Group LLC Privacy Statement provided to you in the Services available on the website or provided to you otherwise.
  • Additional Terms and Conditions, which may include those from third parties.
  • Any terms provided separately to you for the Services, including product or program terms, ordering, activation, payment terms, etc.

 2. YOUR RIGHTS TO USE THE SERVICES 

2.1 These Services are protected by copyright, trade secret, and other intellectual property laws. You are only granted the right to use the Services and only for the purposes described by Clixon Group LLC. Clixon Group LLC reserves all other rights in the Services. Until termination of this Agreement and as long as you meet any applicable payment obligations and comply with this Agreement, Clixon Group LLC grants to you a personal, limited, nonexclusive, nontransferable right and license to use the Services.

2.2 You agree not to use, nor permit any third party to use, the Services or content in a manner that violates any applicable law, regulation or this Agreement.

You agree you will not:

  • Provide access to or give any part of the Services to any third party.
  • Reproduce, modify, copy, deconstruct, sell, trade or resell the Services.
  • Make the Services available on any file-sharing or application hosting service.

 3. PAYMENT

For Services offered on a payment or subscription basis, the following terms apply, unless Clixon Group LLC notifies you otherwise in writing. This Agreement also incorporates by reference and includes program ordering and payment terms provided to you on the website for the Services:

a.     Payments will be billed to you in U.S. dollars, and your account will be debited when you subscribe and provide your payment information, unless stated otherwise in the program ordering or payment terms on the website for the Services.

b.     You must pay with one of the following:

1.     A valid credit card acceptable to Clixon Group LLC;  

2.     Sufficient funds in a checking or savings account to cover an electronic debit of the payment due; or

3.     By another payment option Clixon Group LLC provides to you in writing.

c.     If your payment and registration information is not accurate, current, and complete and you do not notify us promptly when such information changes, we may suspend or terminate your account and refuse any use of the Services.

d.    If you do not notify us of updates to your payment method (e.g., credit card expiration date), to avoid interruption of your service, we may participate in programs supported by your card provider (e.g., updater services, recurring billing programs, etc.) to try to update your payment information, and you authorize us to continue billing your account with the updated information that we obtain.

e.     Clixon Group LLC will automatically renew your monthly Services at the current rates, unless the Services are cancelled or terminated under this Agreement.

f.      Additional cancellation or renewal terms may be provided to you on the website for the Services.

 4.  USE WITH YOUR MOBILE DEVICE

Use of these Services may be available through a compatible mobile device, may require Internet access and/or additional software.  You agree that you are solely responsible for these requirements, including any applicable changes, updates and fees as well as the terms of your agreement with your mobile device and telecommunications provider.  

 CLIXON GROUP LLC MAKES NO WARRANTIES OR REPRESENTATIONS OF ANY KIND, EXPRESS, STATUTORY OR IMPLIED AS TO: 

(i)     THE AVAILABILITY OF TELECOMMUNICATION SERVICES FROM YOUR PROVIDER AND ACCESS TO THE SERVICES  AT ANY TIME OR FROM ANY LOCATION;

(ii)    ANY LOSS, DAMAGE, OR OTHER SECURITY INTRUSION OF THE TELECOMMUNICATION SERVICES; AND

(iii)   ANY DISCLOSURE OF INFORMATION TO THIRD PARTIES OR FAILURE TO TRANSMIT ANY DATA, COMMUNICATIONS OR SETTINGS CONNECTED WITH THE SERVICES. 

5. YOUR PERSONAL INFORMATION

You can view Clixon Group LLC Privacy Statement provided with the Services and on the website for the Services. You agree to the applicable Clixon Group LLC Privacy Statement, and changes published by Clixon Group LLC.  You agree that Clixon Group LLC may use and maintain your data according to the Clixon Group LLC Privacy Statement, as part of the Services.  You also give Clixon Group LLC permission to aggregate your non-personally identifiable data which you enter or upload with that of other users of the Services. For example, this means that Clixon Group LLC may use that aggregated data to improve services, design promotions, or provide ways for you to compare business practices with other users.

 6. CONTENT 



6.1 You are responsible for your content.

You are responsible for all materials ("Content") uploaded, posted or stored through your use of the Services. Archive your Content frequently. You are responsible for any lost or unrecoverable Content. You must provide all required and appropriate warnings, information and disclosures. Clixon Group LLC is not responsible for the Content or data you create through the Services. 


You agree not to use, nor permit any third party to use, the Services to upload, post, distribute, link to, publish, reproduce, engage in or transmit any of the following, including but not limited to:

a.     Illegal, fraudulent, defamatory, obscene, pornographic, profane, threatening, abusive, hateful, harassing, offensive, inappropriate or objectionable information or communications of any kind, including without limitation conduct that would encourage "flaming" others, or criminal or civil liability under any local, state, federal or foreign law;

b.     Content that would impersonate someone else or falsely represent your identity or qualifications, or that constitutes a breach of any individual’s privacy;

c.     Except as permitted by Clixon Group LLC in writing, investment opportunities, solicitations, chain letters, pyramid schemes, other unsolicited commercial communication or engage in spamming or flooding;

d.     Virus, trojan horse, worm or other disruptive or harmful software or data; and any information, software or Content which is not legally yours and without permission from the copyright owner or intellectual property rights owner.

6.2 Community forums. The Services include a community forum or other social features to exchange Content and information with other users of the Services and the public. Please use respect when you interact with other users. Do not reveal information that you do not want to make public. Users may post hypertext links to content of third parties for which Clixon Group LLC is not responsible. 



6.3 Cixon Group LLC may freely use feedback you provide. You agree that Clixon Group LLC may use your feedback, suggestions, or ideas in any way, including in future modifications of the Services, other products or services, advertising or marketing materials. You grant Clixon Group LLC a perpetual, worldwide, fully transferable, sub-licensable, non-revocable, fully paid-up, royalty free license to use the feedback you provide to Clixon Group LLC in any way. 



6.4 Cixon Group LLC may monitor your Content. Clixon Group LLC may, but has no obligation to, monitor content on the Services. We may disclose any information necessary to satisfy our legal obligations, protect Clixon Group LLC or its subscribers, or operate the Services properly. Clixon Group LLC, in its sole discretion, may refuse to post, remove, or refuse to remove, any Content, in whole or in part, alleged to be unacceptable, undesirable, inappropriate, or in violation of this Agreement. 



7. ADDITIONAL TERMS



7.1 Clixon Group LLC does not give professional advice. Unless specifically included with the Services, Clixon Group LLC is not in the business of providing legal, financial, accounting, tax, health care, or other professional services or advice. Consult the services of a competent professional when you need this type of assistance. 



7.2 We may tell you about other Clixon services. You may be offered other services, products, or promotions by Clixon Group LLC. Additional terms and conditions and fees may apply. With some Clixon Group LLC Services you may upload or enter data from your account(s) such as names, addresses and phone numbers, purchases, etc., to the Internet.  You grant Clixon Group LLC permission to use information about your business and experience to help us to provide the Clixon Group LLC Services to you and to enhance the Services. You grant Clixon Group LLC permission to combine your business data, if any, with that of others in a way that does not identify you or any individual personally. You also grant Clixon Group LLC permission to share or publish summary results relating to research data and to distribute or license such data to third parties. 



7.3 We may tell you about third party products or services. Subject to the Clixon Group LLC Privacy Statement, Clixon Group LLC may offer products and services on behalf of third parties who are not affiliated with Clixon Group LLC ("Third Party Products") or the Services may contain links to third party websites ("Third Party Sites"). You agree that Clixon Group LLC can use your contact information, including name and address, for the purpose of offering these products to you in accordance with your stated Clixon Group LLC contact preferences. If you decide to use any Third Party Products or access any Third Party Sites, you are responsible for reviewing the third party’s separate product terms, website terms and privacy policies, and paying any fees, if any, associated with the Third Party Products or Third Party Sites. You agree that the third parties, and not Clixon Group LLC, are responsible for their product’s performance and the content on their websites. Clixon Group LLC is not affiliated with these Third Party Products or Third Party Sites and has no liability for them. Clixon Group LLC reserves the right to terminate access to any interoperability between the Clixon Group LLC Services and Third Party Products without refunds or credits to you.

 7.4 Communications. Clixon Group LLC may be required by law to send you communications about the Services or Third Party Products. You agree that Clixon Group LLC may send these communications to you via email or by posting them on our websites



7.5 You will manage your passwords and accept updates. You are responsible for securely managing your password(s) for the Services and to contact Clixon Group LLC if you become aware of any unauthorized access to your account. The Services may periodically be updated with tools, utilities, improvements, third party applications, or general updates to improve the Services. You agree to receive these updates. 



8. DISCLAIMER OF WARRANTIES 



8.1 YOUR USE OF THE SERVICES, SOFTWARE, AND CONTENT IS ENTIRELY AT YOUR OWN RISK. EXCEPT AS DESCRIBED IN THIS AGREEMENT, THE SERVICES ARE PROVIDED "AS IS." TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, CLIXON GROUP LLC, ITS AFFILIATES, AND ITS THIRD PARTY PROVIDERS, LICENSORS, DISTRIBUTORS OR SUPPLIERS (COLLECTIVELY,"SUPPLIERS") DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING ANY WARRANTY THAT THE SERVICES ARE FIT FOR A PARTICULAR PURPOSE, TITLE, MERCHANTABILITY, DATA LOSS, NON-INTERFERENCE WITH OR NON-INFRINGEMENT OF ANY INTELLECTUAL PROPERTY RIGHTS, OR THE ACCURACY, RELIABILITY, QUALITY OR CONTENT IN OR LINKED TO THE SERVICES. CLIXON GROUP LLC AND ITS AFFILIATES AND SUPPLIERS DO NOT WARRANT THAT THE SERVICES ARE SECURE, FREE FROM BUGS, VIRUSES, INTERRUPTION, ERRORS, THEFT OR DESTRUCTION. IF THE EXCLUSIONS FOR IMPLIED WARRANTIES DO NOT APPLY TO YOU, ANY IMPLIED WARRANTIES ARE LIMITED TO 30 DAYS FROM THE DATE OF PURCHASE OR DELIVERY OF THE SERVICES, WHICHEVER IS SOONER. 



8.2 CLIXON GROUP LLC, ITS AFFILIATES AND SUPPLIERS DISCLAIM ANY REPRESENTATIONS OR WARRANTIES THAT YOUR USE OF THE SERVICES WILL SATISFY OR ENSURE COMPLIANCE WITH ANY LEGAL OBLIGATIONS OR LAWS OR REGULATIONS.



9. LIMITATION OF LIABILITY AND INDEMNITY. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE ENTIRE LIABILITY OF CLIXON GROUP LLC, ITS AFFILIATES AND SUPPLIERS FOR ALL CLAIMS RELATING TO THIS AGREEMENT SHALL BE LIMITED TO THE AMOUNT YOU PAID FOR THE SERVICES DURING THE TWELVE (12) MONTHS PRIOR TO SUCH CLAIM. SUBJECT TO APPLICABLE LAW, CLIXON GROUP LLC, ITS AFFILIATES AND SUPPLIERS ARE NOT LIABLE FOR ANY OF THE FOLLOWING: (A) INDIRECT, SPECIAL, INCIDENTAL, PUNITIVE OR CONSEQUENTIAL DAMAGES; (B) DAMAGES RELATING TO FAILURES OF TELECOMMUNICATIONS, THE INTERNET, ELECTRONIC COMMUNICATIONS, CORRUPTION, SECURITY, LOSS OR THEFT OF DATA, VIRUSES, SPYWARE, LOSS OF BUSINESS, REVENUE, PROFITS OR INVESTMENT, OR USE OF SOFTWARE OR HARDWARE THAT DOES NOT MEET CLIXON GROUP LLC SYSTEMS REQUIREMENTS. THE ABOVE LIMITATIONS APPLY EVEN IF CLIXON GROUP LLC AND ITS AFFILIATES AND SUPPLIERS HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THIS AGREEMENT SETS FORTH THE ENTIRE LIABILITY OF CLIXON GROUP LLC, ITS AFFILIATES AND YOUR EXCLUSIVE REMEDY WITH RESPECT TO THE SERVICES AND ITS USE. 

You agree to indemnify and hold Clixon Group LLC and its Affiliates and Suppliers harmless from any and all claims, liability and expenses, including reasonable attorneys' fees and costs, arising out of your use of the Services or breach of this Agreement (collectively referred to as "Claims"). Clixon Group LLC reserves the right, in its sole discretion and at its own expense, to assume the exclusive defense and control of any Claims. You agree to reasonably cooperate as requested by Clixon Group LLC in the defense of any Claims. 



10. CHANGES 

We reserve the right to change this Agreement at any time, and the changes will be effective when posted through the Services, on our website for the Services or when we notify you by other means. We may also change or discontinue the Services, in whole or in part. Your continued use of the Services indicates your agreement to the changes. 



11. TERMINATION 

Clixon Group LLC may immediately, in its sole discretion and without notice terminate this Agreement or suspend the Services if you fail to comply with this Agreement or if you no longer agree to receive electronic communications. Upon termination you must immediately stop using the Services and any outstanding payments will become due. Any termination of this Agreement shall not affect Clixon Group LLC’s rights to any payments due to it. Clixon Group LLC may terminate a free account at any time. Sections 2.2, 3 through 14 will survive and remain in effect even if the Agreement is terminated.



12. EXPORT RESTRICTIONS

You acknowledge that the Services, including the mobile application, and the underlying software may include U.S. technical data subject to restrictions under export control laws and regulations administered by the United States government. You agree that you will comply with these laws and regulations, and will not export or re-export any part of the Services, in violation of these laws and regulations, directly or indirectly.



13. GOVERNING LAW

California state law governs this Agreement without regard to its conflicts of laws provisions. You agree to the exclusive jurisdiction of state courts in Santa Clara County, California U.S.A. or federal court for the Northern District of California. Clixon Group LLC does not represent that the Services are appropriate or available for use in all countries. You are accessing the Services on your own initiative and you are responsible for compliance with all applicable laws. 



14. GENERAL

This Agreement, including the Additional Terms below, is the entire agreement between you and Clixon Group LLC and replaces all prior understandings, communications and agreements, oral or written, regarding its subject matter. If any court of law, having the jurisdiction, rules that any part of this Agreement is invalid, that section will be removed without affecting the remainder of the Agreement. The remaining terms will be valid and enforceable. The United Nations Convention on Contracts for the International Sale of Goods does not apply to this Agreement. You cannot assign or transfer ownership of this Agreement to anyone without written approval of Clixon Group LLC. However, Clixon Group LLC may assign or transfer it without your consent to (a) an affiliate, (b) a company through a sale of assets by Clixon Group LLC or (c) a successor by merger. Any assignment in violation of this Section shall be void. If you want to request a transfer of this Agreement, contact Clixon Group LLC via an email to: sunscriptions@clixongroup.com. 

 


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B.  ADDITIONAL TERMS AND CONDITIONS FOR Clixon SERVICES

Your use of the Services provided by Clixon Group LLC are subject to the General Terms of Service above including these Additional Terms and Conditions which govern your use of the Services indicated below.  These Additional Terms and Conditions shall prevail over any conflict or inconsistency with the General Terms of Service above.

 Thank you for selecting Clixon Group LLC software (the "Software"). This license agreement in addition to the Clixon Group LLC Terms of Service (the "Agreement") is a legal agreement between the User, a single legal entity identified in the registration process provided as part of the start-up interview ("User", "you"), and Clixon Group LLC ("Clixon," "we", "our" or "us").

By clicking "ACCEPT", User indicates that it has read and understood, and assents to be bound by, the terms of this Agreement. If the person clicking on the "ACCEPT" button is an individual working for User ("Agent"), such person is agreeing to the terms and conditions of this Agreement on behalf of User and certifies that he/she is an Agent of User and has all necessary authority to act on your behalf, including to bind User to the terms and conditions of this Agreement.

If User does not agree to the terms of the Agreement, User is not granted any rights whatsoever in the Software. If User is not willing to be bound by these terms and conditions, User should not click on the "ACCEPT" button, and may not access or otherwise use the Software or Services.

1.      SUBSCRIPTION

The Software is licensed on a monthly subscription basis, as selected by User or its agent.

1.1        Termination by User. If you are not 100% satisfied with Clixon for any reason within 30 days of the first charge date you may notify us for a full refund. User may notify Clixon Group LLC to cancel the subscription prior to the beginning of each Renewal Term. Your rights to use the Software may be terminated by Clixon Group LLC immediately and without notice if Clixon Group LLC is unable to debit your or its agent’s Card in accordance with this Agreement.

1.2        Transfer of Agreement.  The agreement can be transferred to another person or entity only if such license has not been activated.  Once validated, and a company is created, the Software will not work by another entity.  Even if you stop using the Software, Clixon Group LLC has fulfilled your subscription term.

1.3         Trial Period. If you registered for a trial use of the Services ("Trial Period"), you must decide to purchase the Services within the Trial Period in order to retain any Content (defined in Section 6) that you have posted or uploaded during the Trial Period. If you do not purchase the Services or products by the end of the Trial Period, your Content will no longer be available to you. To be very clear, after using the Services or product during the trial period, if you decide not to purchase the full version of the Services, you will not be able to access or retrieve any of the data you added/created during the trial. 


2.       PERMITTED DISCLOSURES AND USE OF DATA

You acknowledge and agree that in order to provide you with access to and use of the Software and Services, Clixon Group LLC may provide your Access Information and Account Data to (i) your employee or agent who is identified in the Registration Data as the current system administrator for the your account (the "Current Administrator"), (ii) such other employee or agent who may be designated by you as a replacement administrator for the your account by following the procedures required by Clixon Group LLC to effectuate such replacement, and (iii) any other person identified as an authorized user of the Software in the set-up interview form or in any subsequent communication to Clixon Group LLC (collectively, "Information Recipients").

3.       SOFTWARE USE, STORAGE AND ACCESS

Clixon Group LLC shall have the right, in its sole discretion and with reasonable notice posted on the Clixon site and/or sent to you at the Current Administrator’s email address provided in the Registration Data, to revise, update, or otherwise modify the Services and establish or change limits concerning use of the Software and Services, temporarily or permanently, including but not limited to (i) the amount of storage space you has on the Software at any time, and (ii) the number of times (and the maximum duration for which) you may access the Software in a given period of time. Clixon Group LLC reserves the right to make any such changes effective immediately to maintain the security of the system or User Access Information or to comply with any laws or regulations, and to provide you with electronic or written notice within thirty (30) days after such change. You may reject changes by discontinuing use of the Software and Services to which such changes relate. Your continued use of the Software or Services will constitute your acceptance of and agreement to such changes. For details about our refund policy, please refer to www.clixongroup.com. Clixon Group LLC may, from time to time, perform maintenance upon the Software or Services resulting in interrupted service, delays or errors in the Software or Services. Clixon Group LLC will attempt to provide prior notice of scheduled maintenance but cannot guarantee that such notice will be provided.

 

December 2012