TERMS OF SERVICE

 

Thank you for viewing and using the ClickBank Builder software and its select features made available via clickbankbuilder.com (“CBB”), provided to you by SJA Media Partners LLC (“SJA”, “We”, “Our” or “Us”). This document (“Agreement”) provides and explains terms and rules that apply to all authorized uses of CBB 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 (“Terms”).  We reserve the right to update or modify these Terms.  This Agreement applies to all visitors, users, and others who use CBB or access clickbankbuulder.com.

1.       Legally Binding Agreement

This is a legally binding contract between you and SJA.  By accessing or using CBB, 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 CBB, all of which are incorporated hereto by reference. By accessing or using CBB, you further acknowledge that you have reviewed and understood our Privacy Policy (accessible at https://app3.clickbankbuilder.com/privacy.html), and that you agree to the data collection, use, and sharing practices disclosed therein, whether or not you are a registered user of CBB.

2.       Limited License

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 CBB 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.

3.       Using the CBB Services

a.                   Scope and Purpose . CBB 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 subject to these Terms, and any additional rules, terms, and conditions displayed in CBB pages or in its user control panels (“Service” or “Services”).

 

b.                   Use and Eligibility . You may use CBB 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 CBB or use of the Services by anyone under the age of 18 is strictly prohibited. By using or accessing CBB 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 CBB dedicated user account (“User Account”). 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 CBB User Account may access and use the tools and features provided by CBB. 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.

 

CBB 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 CBB 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 CBB 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 CBB 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 CBB or the Services in any manner that infringes, violates or misappropriates any third party’s intellectual property or proprietary rights; (d) use CBB 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 CBB 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 CBB or the Services in any manner that is harmful to minors in any way; (g) use or the Services CBB 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 CBB or the Services in any manner that in our sole discretion could damage, disable, overburden, or impair it; (i) use CBB 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 CBB or the Services or the Services, or any part of it, other CBB User Accounts, computer systems or networks connected to CBB, or any part of it, through hacking, password mining or any other means or interfere or attempt to interfere with the proper working of CBB or the Services or any activities conducted on CBB; (k) modify CBB or the Services in any manner or form, or use modified versions of CBB, including but not limited to for the purpose of obtaining unauthorized access to CBB; (l) use any robot, spider, scraper, or other automated means to access CBB or the Services for any purpose without our express written permission, or bypass any measures we may use to prevent or restrict access to CBB or the Services; (m) impersonate another person or access another User’s CBB 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 CBB or the Services; (p) reverse engineer, decompile, disassemble or otherwise attempt to discover the source code of CBB 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 CBB to any third party; provide time sharing or similar services for any third party; or use CBB 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 CBB, features that prevent or restrict use or copying of any content accessible through CBB, or features that enforce limitations on use of CBB; (s) access CBB 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 CBB or the Services, collect or harvest any personally identifiable information, including account names, from CBB.

 

e.                   User Pages .

 

If you use CBB 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 CBB), 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 CBB 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 “live” pages 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 CBB), 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 CBB .

 

We may, without prior notice, change CBB or the Services; stop providing CBB or one or more features of CBB or the Services, to you or to Users generally; or create usage limits for CBB. We may permanently or temporarily terminate or suspend your access to CBB 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 CBB or the Services, or for no reason. Upon termination for any reason or no reason, you continue to be bound by this Agreement.

4.       User Content

CBB 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 CBB 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 CBB 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 CBB, including without limitation for promoting and redistributing part or all of CBB (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 CBB 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 CBB 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 CBB 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 CBB 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

5.       Customer Data

CBB 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 CBB 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 CBB 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 CBB; (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.

6.       Our Intellectual Property

Except for your User Content as defined herein, CBB 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 to CBB). 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, 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 CBB or the Services, including without limitation about how to improve CBB 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.

7.       Subscription Fees and Payment

a.                   Fees . We will charge you fees (“Fees”) for your use of CBB. You agree to pay any and all Fees specified in your online order(s) for your access and use of CBB 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 CBB. 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 CBB 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 CBB or the Services may be purchased on an automatically renewing subscription or payment plan basis Users that purchase CBB 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 CBB 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 CBB SUBSCRIPTION IN ACCORDANCE WITH THE CANCELLATION PROCEDURES IDENTIFIED IN SECTION 7.3 OF THIS AGREEMENT. When you purchase CBB, 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 CBB, for as long as your subscription continues; and (2) your subscription is continuous until you cancel it or CBB 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 Sections 7.1 and 7.3 and you authorize us to charge your payment method for the changed amounts.

 

c.                    Cancellations and Refunds . You may cancel your CBB User Account or the CBB Services at any time. To be eligible to receive a refund for your initial purchase price of CBB (i.e., payment you submitted on the date you first purchased access to CBB), 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 CBB. Refund requests submitted after this 30 day period will be denied.  To cancel your CBB User Account or the CBB Service, you must notify us at least three (3) days before the start of the next Subscription Term using the appropriate functionalities of CBB 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 CBB suspends or terminates your account or this Agreement, you understand and agree that you shall receive no refund or exchange for any CBB 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 CBB 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 CBB 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 CBB (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 CBB 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 CBB and we shall be under no obligation to provide any or all of CBB 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.

8.       Collection and Use of Your Information

By using CBB 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 CBB, 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.

 

CBB 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 CBB, 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 CBB 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 CBB may not function properly. For additional information regarding CBB’s use of cookies, please review our Cookie Policy (accessible at https://app3.clickbankbuilder.com/cookiepolicy.html), which is incorporated hereto by reference.

9.       Security

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.

10.   DMCA

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 CBB, 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 on CBB;

·          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 CBB and/or terminate the CBB User Accounts of any Users who infringe any intellectual property rights of others, whether or not there is any repeat infringement.

11.   Third Party Links

CBB 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 CBB 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 CBB, 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.

12.   Indemnity

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 CBB 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 CBB ACCOUNT INCLUDING WITHOUT LIMITATION MISLEADING, FALSE, OR INACCURATE INFORMATION; (F) YOUR WILLFUL MISCONDUCT; OR (G) ANY OTHER PARTY’S ACCESS AND USE OF CBB 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.

13.   Warranty Disclaimer

CBB IS PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS. USE OF CBB OR THE SERVICES IS AT YOUR OWN RISK. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, CBB 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 CBB 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 CBB WILL MEET YOUR REQUIREMENTS; THAT CBB WILL BE AVAILABLE AT ANY PARTICULAR TIME OR LOCATION, UNINTERRUPTED OR SECURE; THAT ANY DEFECTS OR ERRORS WILL BE CORRECTED; OR THAT CBB IS FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. ANY CONTENT DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF CBB 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 CBB.

 

FURTHER, SJA DOES NOT WARRANT, ENDORSE, GUARANTEE, OR ASSUME RESPONSIBILITY FOR ANY PRODUCT OR SERVICE ADVERTISED OR OFFERED BY A THIRD PARTY THROUGH CBB 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.

14.   Earnings Disclaimer

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 CBB. 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 CBB TOOLS, TECHNIQUES, AND/OR IDEAS.

15.   Liability Limitation

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, CBB. UNDER NO CIRCUMSTANCES WILL SJA BE RESPONSIBLE FOR ANY DAMAGE, LOSS OR INJURY RESULTING FROM HACKING, TAMPERING OR OTHER UNAUTHORIZED ACCESS OR USE OF CBB 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 CBB; (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 CBB; 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.

16.   Dispute Resolution

a.                   Governing Law . You agree that: (i) CBB shall be deemed solely based in Nevada or Idaho; and (ii) CBB 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 CBB 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 CBB 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 CBB 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 CBB 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.

17.   Miscellaneous

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 in CBB, 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 CBB after any such change constitutes your acceptance of the new Terms of CBB. If you do not agree to any of these terms or any future Terms of CBB, do not use or access (or continue to access) CBB. 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 .  CBB 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 CBB Content is accessible or usable outside the U.S.A. SJA disclaims all warranties regarding your right to use CBB with any jurisdiction outside the U.S.A. If you choose to use CBB 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 CBB, shall constitute the entire agreement between you and SJA concerning CBB. 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 15, 2019.

Terms Of Service

Thank you for viewing ClickBank Builder. This document ("Agreement") explains the software and the services that we provide and the manner that they may be used by authorized users. If after reviewing this Agreement you have questions that remain unanswered, please do not hesitate to reach us at: support@clickbankbuilder.com.

By clicking "I Agree" or by using or registering to use ClickBank Builder, you acknowledge your understanding that this is a legally binding agreement between yourself and the providers of ClickBank Builder ("Our" "Us" or "We") and that your use of the software or services (collectively "Service") is governed by and subject to the terms and conditions identified in this Agreement ("Terms"). These Terms govern Our obligations in providing the Services to any authorized subscriber or purchaser of the Service ("You" "User or "Users").

You can review the most current version of the Terms by visiting this webpage. We reserve the right to update and change the Terms by posting updates and changes to the ClickBank Builder website. You are advised to check the Terms from time to time for any updates or changes that may impact you.

1. Definitions.

a. "Authorized User" means an individual with a current subscription to the Service.

b. "Confidential Information" means any information, technical data, or know- how considered proprietary or confidential by either party to this Agreement including, but not limited to, either party's research, services, inventions, processes, specifications, designs, drawings, diagrams, concepts, marketing, techniques, documentation, source code, customer information, personally identifiable information, pricing information, procedures, menu concepts, business and marketing plans or strategies, financial information, and business opportunities disclosed by either party before or after the Effective Date of this Agreement, either directly or indirectly in any form whatsoever, including in writing, orally, machine readable form or through access to either party's premises.

c. "Content" means the definition identified in Section 3(g) below.

d. "Public Content" means the definition identified in Section 3(h) below.

2. Terms and Conditions. These Terms together with any documents referred to herein apply to your use of the Services including but not limited to use of the software and services found at clickbankbuilder.com including all content, any servers, computers or networks used to provide the Services. By using the Service or accessing any webpage used to provide the Service, you agree and consent to be bound by these Terms, including any changes to these Terms or additional policies incorporated herein by reference which We may make in our sole discretion, for as long as you use the Service. If you do not agree to these Terms or the Privacy Policy identified in Section 2 below, please do not use the Service or access any websites used to provide the Services.

3. Privacy Policy. In addition to the rights or remedies created by this Agreement, you agree and acknowledge that you have read and agree to comply with Our Privacy Policy, which is specifically incorporated into these Terms.

4. Limited Right to Use the Services.

a. You are granted a non-exclusive, non-transferable, limited license to access and use the Service.

b. You agree not to reproduce, duplicate, copy, sell, resell or exploit access to the Service, use of the Service, or any portion of the Service, including, but not limited to the HTML, Cascading Style Sheet ("CSS") or any visual design elements without Our express permission.

c. You agree not to modify, reverse engineer, adapt or otherwise tamper with the Service or modify another website so as to falsely imply that it is associated with the Service, Us, or any other software or service We provide.

d. You agree that You will not knowingly use the Service in any manner which may infringe copyright or intellectual property rights or in any manner which is unlawful, offensive, threatening, libelous, defamatory, pornographic, obscene or in violation of these Terms or this Agreement.

e. You agree that You will not knowingly use the Service to upload, post, host, or transmit unsolicited bulk email "Spam", spam short message service "SMS" messages, viruses, self-replicating computer programs "Worms" or any code of a destructive or malicious nature.

f. Except for the limited rights of use granted pursuant to this Agreement, You acknowledge and agrees that all ownership, license, intellectual property and other rights and interests in and to the Service shall remain solely with Us.

g. We do not review or pre-screen the contents of electronic data Users create using the Service ("Content") and We claim no intellectual property rights with respect to the Content

h. Users who configure the Service to share or make available certain Content to the public, are deemed to acknowledge and agree that everyone will have access to the Content ("Public Content"). We reserve the right, at any time, in Our sole discretion, to take any action deemed necessary with respect to Public Content that violates the terms of this Agreement, including, but not limited to, removal of such Public Content.

i. We reserve the right at any time, and from time to time, to modify or discontinue, temporarily or permanently, any feature associated with the Service, with or without notice, except that We shall provide Subscriber reasonable notice of any modification that materially reduces the functionality of the Service. Continued use of the Service following any modification constitutes Your acceptance of the modification.

j. We reserve the right to temporarily suspend access to the Service for operational purposes, including, but not limited to, maintenance, repairs or installation of upgrades, and will endeavor to provide no less than two business days' notice prior to any such suspension. Such notice shall be provided to you in advance through by way of notification within the Service, email or other notification method We deem appropriate. Further, We shall endeavor to confine planned operational suspensions with a best effort to minimize disruption to Users, but reserve the ability to temporarily suspend operations without notice at any time to complete necessary repairs. In the event of a temporary suspension, We will use the same notification methods listed in this section to provide updates as to the nature and duration of any temporary suspension.

k. You grant to Us a non-exclusive, royalty free right during Your use of the Service, to use the Confidential Information for the sole purpose of performing Our obligations under the Agreement in accordance with the Terms of the Agreement. Such rights shall include permission for Us to generate and publish aggregate, anonymized reports on system usage and Content trends and type.

l. By using the Service, you represent and warrant that you are at least 18 years old. You may now use the Service if you are under the age of 18.

5. Accessing the Service.

a. You are only permitted to access and use the Service if you an Authorized User. Authorized Users are required to provide their full legal name, a valid email address, and any other information reasonably requested by Us or the Service.

b. Each Authorized User will be provided with a unique identifier to access and use the Service ("Username"). The Username shall only be used by the Authorized User to whom it is assigned, and shall not be shared with, or used by any other person, including other Authorized Users.

c. All access to and use of the Service via mechanical, programmatic, robotic, scripted or any other automated means not provided as part of the Service is strictly prohibited.

6. Confidentiality.

a. You agree to treat all Confidential Information as confidential and not to use or disclose such Confidential Information except as explicitly permitted by this Agreement or as required by law.

b. We will not use or share any content you upload using Our Services unless such use and disclosure is disclosed in our privacy policy.

7. Security.

a. We are responsible for providing a secure method of authentication and accessing the Service. We will provide mechanisms that:

i. allow for user password management.

ii. transmit passwords in a secure format.

iii. protect passwords entered for purposes of gaining access to the Service by utilizing code that follows password management best practices.

b. You are at all times responsible for protecting the security of usernames and passwords, or any other codes associated to the Service, and for the accuracy and adequacy of personal information provided to the Service.

c. We are not responsible for the security measures or practices used by any third parties websites or services which are linked or referred to within our Service. For information regarding such parties' security practices, please consult the respective parties' security policies.

8. Subscription, Payment, and Refunds.

a. The prices We charge for Your use of the Service is identified when You register to use the Service. Please let us know if you are unclear regarding any pricing options We provide.

b. Authorized Users must provide Us (via third party provider) with a valid credit card for payment of the applicable subscription fees. All subscription fees are exclusive of all federal, state, provincial, municipal or other taxes which Subscribers agree to pay based on where the Subscriber is primarily domiciled. In addition to any fees, the Subscriber may still incur charges incidental to using the Service, for example, charges for Internet access, data roaming, and other data transmission charges.

c. Users with monthly payment schedules will be charged the first payment upon signing up and each subsequent payment will be charged 30 days after the date of the previous payment until the full price has been remitted.

d. No refunds or credits will be issued for partial periods of service, upgrade/downgrade refunds, or refunds for periods unused with an active subscription, including, but not limited to, instances involving the removal of a User.

e. The amount charged on the next billing cycle will be automatically updated to reflect any changes to the subscription, including upgrades or downgrades. Subscription changes, including downgrades, may result in loss of access to features.

f. All prices are subject to change upon notice. Such notice may be provided by an e-mail message to the User, or in the form of an announcement on the Service.

g. Users are responsible for paying all taxes associated with the subscription to the Service. If We has the legal obligation to pay or collect taxes for which a User is responsible under this section, the appropriate amount shall be invoiced to and paid by the User, unless the User provides Us with a valid tax exemption certificate authorized by the appropriate taxing authority.

h. Any and all payments by or on account of the compensation payable under this Agreement shall be made free and clear of and without deduction or withholding for any taxes. If a User is required to deduct or withhold any taxes from such payments, then the sum payable shall be increased as necessary so that, after making all required deductions or withholdings, We receive an amount equal to the sum it would have received had no such deduction or withholding been made.

9. Cancellation and Termination.

a. Users are solely responsible for canceling subscriptions. A User may cancel their subscription at any time by informing us at: support@clickbankbuilder.com.

b. We in our sole discretion have the right to suspend or discontinue providing the Service to any User without notice for actions that are in material violation of this Agreement.

10. Limitation of Liability.

a. We shall not be liable for and You waive the right to claim any loss, injury, claim, liability or damage of any kind resulting in any way from the Service provided to You by Us.

b. YOU AGREE THAT OUR LIABILITY ARISING OUT OF ANY CLAIM IN ANY WAY CONNECTED WITH THE SERVICE WILL NOT EXCEED THE TOTAL AMOUNT YOU HAVE PAID FOR THE SERVICE PURSUANT TO THE AGREEMENT WITHIN THE SIX MONTH PERIOD BEFORE THE DATE THE CLAIM AROSE. SUBSCRIBER FURTHER AGREES THAT WE ARE NOT AND WILL NOT BE LIABLE FOR ANY SPECIAL, INDIRECT, INCIDENTAL, OR CONSEQUENTIAL DAMAGES OF ANY KIND WHATSOEVER (INCLUDING WITHOUT LIMITATION, ATTORNEY FEES) RELATING TO THIS AGREEMENT OR THE SERVICES. THESE DISCLAIMERS APPLY REGARDLESS OF THE FORM OF ACTION, WHETHER IN CONTRACT, TORT (INCLUDING NEGLIGENCE), AND STRICT LIABILITY OR OTHERWISE, WHETHER THOSE DAMAGES ARE FORESEEABLE AND WHETHER WE HAVE BEEN ADVISED OF THE POSSIBILITY OF THOSE DAMAGES. EACH PROVISION OF THIS AGREEMENT THAT PROVIDES FOR A LIMITATION OF LIABILITY, DISCLAIMER OF DAMAGES, OR EXCLUSION OF DAMAGES IS TO ALLOCATE THE RISKS OF THIS

AGREEMENT BETWEEN THE PARTIES. THIS ALLOCATION IS REFLECTED IN THE PRICING OFFERED BY US TO YOU AND IS AN ESSENTIAL ELEMENT OF THE BASIS OF THE BARGAIN BETWEEN THE PARTIES. EACH OF THESE PROVISIONS IS SEVERABLE FROM AND INDEPENDENT OF ALL OTHER PROVISIONS OF THIS AGREEMENT.

c. IN JURISDICTIONS THAT DO NOT ALLOW THE EXCLUSION OR LIMITATION OF CERTAIN CATEGORIES OF DAMAGES, YOU AGREE THAT OUR LIABILITY SHALL BE LIMITED TO THE FULLEST EXTENT PERMITTED BY SUCH JURISDICTION. IN ALL CIRCUMSTANCES COMPANY'S MAXIMUM LIABILITY IS LIMITED TO THE PURCHASE PRICE OF THE PRODUCTS OR SERVICES SOLD. WE SHALL NOT, UNDER ANY CIRCUMSTANCES, BE LIABLE UPON A CLAIM OR ACTION IN CONTRACT, TORT, INDEMNITY OR CONTRIBUTION, OR OTHER CLAIMS RELATING TO THE PRODUCTS OR SERVICES IT SELLS WHICH EXCEEDS THIS LIABILITY LIMIT. COMPANY SHALL NOT BE LIABLE FOR THIRD PARTY CLAIMS FOR DAMAGES AGAINST THE CUSTOMER, OR FOR MALFUNCTION, DELAYS, INTERRUPTION OF SERVICE, LOSS OF BUSINESS, LOSS OR DAMAGE TO EXEMPLARY DAMAGES, WHETHER OR NOT COMPANY HAS BEEN MADE AWARE OF THE POSSIBILITY OF SUCH CLAIMS OR DAMAGES.

d. IN NO EVENT SHALL WE, OUR AFFILIATES OR LICENSORS BE LIABLE FOR ANY (A) USE OF OR INABILITY TO USE THE SERVICE; (B) PERSONAL INJURY, PROPERTY DAMAGE, OR LOSSES OF ANY KIND, RESULTING FROM YOUR ACCESS TO AND/OR USE OF THE SERVICE; (C) UNAUTHORIZED ACCESS TO OR USE OF ANY AND ALL PERSONAL INFORMATION AND/OR FINANCIAL INFORMATION STORED THEREIN; (D)TECHNICAL PROBLEMS OR INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM THE SERVICE; AND/OR (E) BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE, WHICH MAY BE TRANSMITTED TO OR THROUGH THE SERVICE, WHETHER OR NOT WE ARE ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

e. You will at all times be responsible for any damage and/or loss of Content contained in Your technology which occurs as a result of Your electronic equipment and/or Your computer system, or the networks, computer systems, and any third party services used by You in conjunction with the Service.

11. Disclaimer of Warranty.

WE HEREBY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS, IMPLIED OR STATUTORY, INCLUDING, BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT OF THIRD PARTY RIGHTS WITH RESPECT TO ANY SERVICES PROVIDED BY US. YOU ASSUME ALL RISK AND RESPONSIBILITY FOR YOUR DECISION TO USE THE SERVICE. THE SERVICE AND ALL RELATED SERVICES ARE PROVIDED ON AN AS IS AND AS AVAILABLE BASIS WITHOUT WARRANTIES OF ANY KIND. NEITHER WE NOR OUR AFFILIATES OR LICENSORS MAKE ANY WARRANTY OR REPRESENTATION WITH RESPECT TO THE COMPLETENESS, SECURITY, RELIABILITY, QUALITY, ACCURACY OR AVAILABILITY OF THE SERVICES. WITHOUT LIMITING THE FOREGOING, WE DO NOT REPRESENT OR WARRANT THAT THE SERVICES WILL BE ACCURATE, RELIABLE, ERROR•FREE OR UNINTERRUPTED, THAT DEFECTS WILL BE CORRECTED, THAT THE SERVICES ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS OR THAT THE SERVICES WILL OTHERWISE MEET YOUR NEEDS OR EXPECTATIONS.

We makes no warranty that Our Service when provided to You in digital or electronic format will be compatible with Your computer and/or other equipment, or that these Services will be secure or error free. Nor do We make any warranty as to any results that may be obtained from the use of the Service. We further disclaim all warranties of any kind related to Your hardware or software beyond the warranties provided by the manufacturer of Your hardware or software.

12. Earnings Disclaimer.

We take care to accurately represent the skills, concepts, ideas, techniques and know how offered by the Service. Before using the Service, You must understand and acknowledge that there is no guarantee that you will earn any money using the techniques and ideas contained in the Service. Any past examples shown in our advertising is not to be interpreted as a promise or guarantee of earnings. Earning potential is entirely dependent on the person using our product, ideas and techniques.

Your level of success in attaining the results claimed in our materials depends on the time you devote to the program, ideas and techniques mentioned, your finances, knowledge and various skills. Since these factors differ according to individuals, we cannot guarantee your success or income level. Nor are we responsible for any of your actions.

13. Intellectual Property.

a. The Service (including but not limited to all Website information, software, text, displays, images, video and audio, and the design, selection and arrangement thereof, or documents which may be downloaded using the Service), are owned by Us, Our licensors or other providers of such material and are protected by United States and international copyright, trademark, patent, trade secret and other intellectual property or proprietary rights laws.

b. You are permitted to use the Service only for your personal use. You must not copy, modify, create derivative works of, publicly display, publicly perform, republish, download, store or transmit any of the material provided via the Service, including material sold on or through the Service, except to: Store copies of such materials temporarily in RAM. Store files that are automatically cached by your browser for display enhancement purposes.

c. You must not: (i) modify copies of any materials available on or through the Service, whether or not you purchase such materials. (ii) delete or alter any copyright, trademark or other proprietary rights notices from copies of materials available on or through the Service. Reproduce, sell or exploit for any commercial purposes any part of the Service or materials obtained through the Service. If you print, copy, modify, download or otherwise use any part of the Service or materials in breach of the Terms, your right to use the Service and/or materials will cease immediately and you must, at our option, return or destroy any copies of the materials you have made.

d. CLICKBANK BUILDER, CLICKBANK and all other trademarks, names, logos, product and service names, designs and slogans are trademarks of Ours, Our affiliates or licensors. You must not use such marks without Our prior written permission. All other names, brands and marks are used for identification purposes only and are the trademarks of their respective owners.

14. Prohibited Uses.

You may use the Service only for lawful purposes and in accordance with these Terms. You agree not to use the Service: (i) in any way that violates any applicable federal, state, local and international law or regulation (including, without limitation, any laws regarding the export of data or software to and from the United States or other countries),

(ii) to impersonate or attempt to impersonate any other person or entity (including, without limitation, the use of e•mail addresses associated with the foregoing), (iii) to engage in any other conduct that restricts or inhibits anyone's use or enjoyment of the Service, or which, as determined by us, may harm the Us or users of the Service or expose them to liability.

Additionally, you agree not to: (i) use the Service in any manner that could disable, overburden, damage, or impair the site or interfere with any other party use of the Service, including their ability to engage in real time activities through the Service. Use any robot, spider or other automatic device, process or means to access the Services for any purpose, including to monitor or copy any of the material on any websites used to provide the Service. Use any manual process to monitor or copy any of the material provided via the Service or for any other unauthorized purpose without our prior written consent. Use any device, software or routine that interferes with the proper working of the Service. Introduce any viruses, trojan horses, worms, logic bombs or other material which is malicious or technologically harmful. Attempt to gain unauthorized access to, interfere with, damage or disrupt any part of the Service. Attack the Services via a denial of service attack or a distributed denial of service attack. Otherwise attempt to interfere with the proper working of the Service.

15. Monitoring, Enforcement, and Termination.

We have the right to take appropriate legal action, including without limitation, referral to law enforcement, for any illegal or unauthorized use of the Services. We also have the right to terminate your access to all or part of the Service for any uses We in our sole discretion deem unauthorized. YOU WAIVE AND HOLD US, OUR AFFILIATES, AND OUR LICENSORS HARMLESS FROM ANY CLAIMS RESULTING FROM ANY ACTION TAKEN BY US DURING OR AS A RESULT OF OUR INVESTIGATIONS AND FROM ANY ACTIONS TAKEN AS A CONSEQUENCE OF INVESTIGATIONS BY US OR GOVERNMENTAL AUTHORITIES.

16. Reliance on Posted Information.

The information presented any websites provided by the Service or otherwise provided through the Service is made available solely for general information purposes. We do not warrant the accuracy, completeness or usefulness of this information. Any reliance you place on such information is strictly at your own risk. We disclaim all liability and responsibility arising from any reliance placed on such materials by you or any other user of the Service, or by anyone who may be informed of any of contents of the Services.

17. Information About You.

All information we collect using the Service is subject to our Privacy Policy. By using the Service, you consent to all actions taken by us with respect to your information in compliance with the Privacy Policy. You represent and warrant that all data provided by you is complete and accurate.

18. Third Party Links.

If our Service contains links to other websites and resources provided by third parties, these links are provided for your convenience only. This includes links contained in advertisements, including banner advertisements and sponsored links. We have no control over the contents of those websites or resources, and accept no responsibility for them or for any loss or damage that may arise from your use of them. If you decide to access any of the third party websites linked to our Service, you do so entirely at your own risk and subject to the terms and conditions of use and other policies for such websites.

19. Geographic Restrictions.

The Service is owned and operated in the United States and is provided for use only by persons located in the United States. We make no claims that the Service or any of its content is accessible or appropriate outside of the United States. Access to the Website may not be legal by certain persons or in certain countries. If you access the Service or any of its websites from outside the United States, you do so on your own initiative and are responsible for compliance with local laws.

20. Indemnification.

To the fullest extent permitted by law, You agree that in the event a third party makes any demand or complaint, or commences any action or files any claim whatsoever (Claim) in connection with Your use of the Service, you shall defend, indemnify and hold harmless Us, Our Affiliates and Licensors ("Indemnified Parties") from and against any and all damages, liabilities, claims or costs (including the costs of investigation, defense, reasonable attorney's fees and costs) (Losses) incurred by Indemnified Parties as a result of such Claim, regardless of whether such Losses are direct, incidental, consequential, punitive or statutory.

Upon receiving notice of a Claim for which the Indemnified Parties are entitled to indemnification by You, We shall provide you with written notification and the opportunity to assume control over the defense or settlement of the Claim and reasonable assistance to settle and/or defend the Claim at your sole expense; provided, however, that

(a) any settlement which would impose a non•monetary obligation on and/or admission or finding of liability or wrongdoing by Us will require the prior written consent from Us;

(b) the failure to provide timely notice, control, or assistance shall not relieve you of your indemnification obligations; and (c) We or any other Indemnified Party may have their own counsel present at and participating in all proceedings or negotiations relating to a Claim, at their own expense, unless you fail or refuse to secure legal counsel to defend any

Claim in a timely manner, in which case you shall pay all expenses related to use of such counsel.

21. Copyright Claims.

If you believe any of the content made available via the Service or any websites used in connection therewith make unauthorized use of your copyrighted materials, please contact us a the following:

support@clickbankbuilder.com

22. Governing Law, Dispute Resolution, and Attorney's Fees.

You agree that Idaho law will govern these Terms and Your use of the Service and that any action, suit, proceeding, or claim arising out of or related to these Terms must be brought exclusively in federal or state courts located in Boise, Idaho. You hereby submit to the jurisdiction and venue of such courts and waive any objection based on inconvenient forum. YOU HEREBY IRREVOCABLY WAIVE ANY AND ALL RIGHT TO TRIAL BY JURY IN ANY ACTION, SUIT, PROCEEDING, CLAIM OR COUNTERCLAIM ARISING UNDER OR IN RELATION TO THESE TERMS OF USE.

23. Waiver, Severability, and Assignment.

Our failure to exercise any right provided for herein will not be deemed a waiver of any further right hereunder. The rights and remedies set forth in these Terms are cumulative and are in addition to any rights or remedies We may otherwise have at law or equity, except with respect to any sole and exclusive remedies expressly provided for herein.

If any provision of these Terms of Use is determined by a court to be unenforceable or invalid, the validity of the remaining parts, terms or provisions shall not be affected by that determination, and such court shall substitute a provision that is legal and enforceable and is as close to the intentions underlying the original provision as possible.

We reserve the right to assign all of our rights and obligations under this Agreement. You may not assign any rights or obligations of Your under these Terms.

24. Entire Agreement.

These Terms, together with any policies incorporated by reference into and made a part of these Terms, constitute the complete and exclusive agreement between the

parties relating to the subject matter hereof. These Terms supersede all prior Terms and all proposals, understandings and all other agreements, oral and written, between the parties relating to this subject matter.

25. Amendment.

We reserve the right to amend these Terms at any time. When We amend the Terms, we shall make reasonable efforts to provide you with general, not specific, notice of such changes by posting a conspicuous announcement that such changes or amendments have occurred and identifying which particular provisions have changed. Such announcement shall be maintained for no less than 10 days following the effective date of such amendment. Your continued use of the Service following the posting of such amendment will be deemed your assent to and acceptance of the revised terms. You agree that you have the burden to review periodically this webpage to inform yourself of any such changes.

If you have any questions, please contact us at support@clickbankbuilder.com.