Welcome to USASolarPlan.com, an Click Quote Marketing FZE service (Service, as defined in Section 1 below). We hope you will have a terrific experience as part of our community. Please review these Terms of Service thoroughly before commencing use of our Service.
In these Terms of Service, Click Quote Marketing FZE means Click Quote Marketing FZE Inc., a UAE Corporation that provides services under the names Click Quote Marketing FZE, as well as USASolarPlan.com (hereinafter, Click Quote Marketing FZE or the Company). We provide such services to you subject to the following conditions. Before you may use the Service, you must read and accept all of the terms and conditions in, and linked to, these Terms of Service (TOS or Terms) and the linked Privacy Policy, which are incorporated into and made part of these Terms. These Terms are applicable regardless of whether you are accessing the Service through the Internet, our website, our mobile applications, or otherwise. We strongly advise that in addition to reading the TOS, you also access and read the linked information. If the TOS conflict with any other documents or agreements, the TOS will control for the purposes of usage of the Service. If you do not agree to be bound by these TOS and the Privacy Policy, you may not use the Service in any wayregardless of whether you choose to register as a Member or user of the Service.
These Terms constitute an electronic contract between you and Click Quote Marketing FZE. By accessing or using the Service, you indicate your unconditional acceptance of these Terms. Please review these Terms carefully, including the arbitration provision in Section 16, which describes how disputes will be resolved between us, and that no class actions may be brought under these Terms. We reserve the right, in our sole discretion, to update or revise these Terms of Service. Your continued use of the Service following the posting of any changes to the Terms of Service constitutes acceptance of those changes, even if you choose not to review such changes.
1. Description of Services.
Click Quote Marketing FZE enables Service Users (including you, if you choose to utilize our Service, website, or mobile apps) to input certain personal information regarding themselves and their residence in order to (a) calculate potential savings from the installation of residential solar products, and/or (b) connect Service Users to residential solar product providers, installation contractors, and/or financing providers (Solar Providers). Information to be provided or gathered from Service Users (and distributed and treated in accordance with these Terms and the incorporated Privacy Policy) includes: first name, last name, full property address including zip or postal code, telephone number, average monthly electric bill, shading percentage, and current utility provider (Essential Data). Click Quote Marketing FZE may receive monetary compensation from Solar Providers for sharing your Essential Data and other information with them. Collectively, all of these services are referred to in these TOS as the Service or Services. You are responsible for obtaining access to the Service, and paying any third-party fees, such as Internet service provider or airtime charges, that may apply to obtain such access (including fees associated with conveying and displaying any advertising to you). In addition, you must provide and are responsible for all equipment necessary to access the Service.
Note that all content and information on the Service are for informational purposes only, and are not intended as legal, financial, architectural, engineering, environmental, or electrical engineering advice, and all estimates provided through the Service are not guaranteed to be accurate. Click Quote Marketing FZE cannot be held responsible for any discrepancy between estimates provided through the Service and those actually realized (including, without limitation, offers of pricing between you and any Solar Provider). Unless expressly stated otherwise in writing, in any contract or agreement between you and any Solar Provider, Click Quote Marketing FZE shall not a party, or a third-party, beneficiary, affiliate, or assignee of any party, and you expressly waive any claim against Click Quote Marketing FZE arising out of any agreement between you and any Solar Provider. You rely on any site content, information, or advice provided on the Service at your own risk, and expressly agree to all limitations of liability contained herein and in any applicable law.
2. Use of the Service.
(a) Limited License; Consent to Email Communications.
Click Quote Marketing FZE grants you a limited license to access and make personal use of the Service. You may not use the Service for any purpose that is unlawful or prohibited by these Terms of Service, or to solicit the performance of any illegal activity, activity that is competitive in any manner to Click Quote Marketing FZE, or other activity which infringes on the rights of Click Quote Marketing FZE or others. Once you complete and submit your registration, you have opted in to receive email communication from Click Quote Marketing FZE, unless and until you affirmatively opt out of such communications under the terms of the Privacy Policy.
(b) Prohibited Uses.
Notwithstanding any other rights or restrictions in these Terms of Service, you may not use this Service from outside the United States, or to: (i) transmit via or through the Service any information, data, text, images, files, links, or software except in connection with your authorized use of this Service or otherwise in response to specific requests for information by us; (ii) introduce to the Service or any other computer or web site viruses, worms, Trojan horses and/or any kind of harmful code; (iii) obtain unauthorized access to any computer system; (iv) impersonate any other person, including but not limited to, a registered user of this Service or an employee of Click Quote Marketing FZE; (v) invade the privacy or violate any personal or proprietary right (including intellectual property rights) of any person or entity; (vi) misrepresent the identity of a user or use a false e-mail address; (vii) tamper with or obtain access to this Service or any component of this Service; (viii) conduct fraudulent activities; (ix) collect or harvest information regarding other users of the Service for any reason whatsoever, including, without limitation, for sending such users unsolicited commercial e-mail; (x) copy or publish any information, articles, or other content that appears on the Service without the written consent of Click Quote Marketing FZE; (xi) download or copy account information for the benefit of another vendor or any other third party; (xii) commit any action that imposes or may impose (in Click Quote Marketing FZEs sole discretion) an unreasonable or disproportionately large load on Click Quote Marketing FZEs infrastructure; (xiii) engage in any activity for personal commercial gain (such as selling a status update or review to a business, or generating estimates or leads for any third party) or (xiv) use data mining techniques, robots, or similar data gathering and extraction tools.
You may not bypass any measures used by Click Quote Marketing FZE to prevent or restrict access to the Service. Any unauthorized use by you shall automatically terminate the permission or license granted to you by Click Quote Marketing FZE.
(c) Responsibility For Member Account.
You are responsible for maintaining the confidentiality of your account, including your username and password. You agree to accept responsibility for all activities that occur under your account or password. You agree to immediately notify us in the event of any unauthorized use of your account or other breach of security. Because of this, we strongly advise that if you are logged in as a Member, you exit or log out from your account at the end of each session.
3. Membership Eligibility.
(a) Requirements for Use and Membership.
Only persons 18 years or older, located in the United States, who are home owners or home renters authorized to install solar products at their rented residence, and who have not been previously suspended or removed by Click Quote Marketing FZE for any reason (each such authorized user a Member). By becoming a Member you represent and warrant that you are of legal age and that all Essential Data and other information provided through the Service is your own personal information, is factual, is provided solely for the purposes outlined in Section 1, and is being provided with express license for further distribution by Click Quote Marketing FZE as set forth herein and in the Privacy Policy. If you are not located in and/or resident in the United States (and, in particular, if you are located or residing in European Economic Area, Switzerland, or the United Kingdom), then you may not use the Service. If you do not meet the above qualifications, or if your use of the Service or Membership is prohibited by the laws of the United States or other applicable jurisdiction you may not use the Service. In consideration of your use of the Service, you represent that you are of legal age to form a binding contract and meet the criteria listed above.
(b) Accuracy of Account.
You agree to provide true, accurate, current and complete information about yourself as prompted by the Services input forms and other forms on the Service or as otherwise provided by Click Quote Marketing FZE. If you provide any information that is untrue, inaccurate, not current or incomplete (or becomes untrue, inaccurate, not current or incomplete), or if Click Quote Marketing FZE has reasonable grounds to suspect that such information is untrue, inaccurate, not current or incomplete, Click Quote Marketing FZE has the right to suspend or terminate your account and refuse any and all current or future use of the Service (or any portion thereof). Click Quote Marketing FZE reserves the right to refuse service, terminate accounts, or remove or edit content in its sole discretion.
4. Service User-Submitted Content.
(a) Responsibility For and Treatment Of Content.
The Service provides Service Users (a designation that includes Members as well as those who use the Service without becoming a Member) the ability to input personal information regarding themselves, including their Essential Data. By accessing the Service, you acknowledge that you are solely responsible for any content you post, upload, submit, publish, or display (hereinafter post) on or through the Service, or transmit to or share with other Service Users (collectively, the Service User Content). Any Service User Content that is posted will be treated in accordance with the Privacy Policy. Click Quote Marketing FZE has the right, but not the obligation, to monitor and decline, edit, or remove (without notice) all or any portion of any Service User Content for any reason or no reason. In particular, Click Quote Marketing FZE may remove any Service User Content that it believes, in its sole discretion, violates this Agreement or which might be offensive, illegal, or that might violate the rights, harm, or threaten the safety of Service Users. If Click Quote Marketing FZE chooses at any time, in its sole discretion, to monitor Service User Content, it still has no responsibility for the Service User Content or for the conduct of the Service User posting Service User Content or to edit or remove any Service User Content, except in compliance with Section 15 below. Click Quote Marketing FZE reserves the right at any time in its sole discretion to block use from certain IP addresses in order to protect the integrity of the Service.
(b) Prohibited Content.
You agree not to use the Service to post Service User Content or transmit to any person anything containing (i) libelous or otherwise unlawful, abusive, sexually oriented, racially offensive, threatening, harassing, obscene or illegal material; (ii) advertisements of any kind; (iii) personal information other than Essential Data (meaning, without limitation, that you may not provide or post any social security numbers, credit card information, bank account information, or other payment or financial information); (iv) confidential information of Click Quote Marketing FZE, its subsidiaries, or affiliates; (v) any chain letters, pyramid schemes, spam, contests, or promotional material; (vi) messages that offer unauthorized downloads of any copyrighted or private information; (vii) material that infringes or violates another partys rights (including, but not limited to, intellectual property rights, and rights of privacy and publicity) and (viii) any information similar or related to the foregoing.
The following is a partial list of the kind of Content that is illegal or prohibited on the Service. Click Quote Marketing FZE reserves the right to investigate and take appropriate legal action in its sole discretion against anyone who violates this provision, including without limitation, removing the offending Content or communication from the Service and terminating the membership of such violators. It includes, but is not limited to, Content that:
is patently offensive to the online community, such as Content that promotes racism, bigotry, hatred or physical harm of any kind against any group or individual;
harasses or advocates harassment of another person;
involves the transmission of junk mail, chain letters, or unsolicited mass mailing or spamming;
promotes information that is false, misleading or promotes illegal activities or conduct that is abusive, threatening, obscene, defamatory or libelous;
promotes an illegal or unauthorized copy of another persons copyrighted work, such as providing pirated computer programs or links to them, providing information to circumvent manufacture-installed copy-protect devices, or providing pirated images, audio or video, or links to pirated images, audio or video files;
contains restricted or password only access pages, or hidden pages or images (those not linked to or from another accessible page);
provides material that exploits people under the age of 18 in a sexual or violent manner, or solicits personal information from anyone under the age of 18;
provides instructional information about illegal activities such as making or buying illegal weapons, violating someones privacy, or providing or creating computer viruses;
solicits passwords or personal identifying information for commercial or unlawful purposes from other users; and
engages in commercial activities and/or sales without our prior written consent such as contests, sweepstakes, barter, advertising, and pyramid schemes.
(c) Legality and Accuracy of Content.
Your use of the Service, including but not limited to the Content you post on the Service, must be in accordance with any and all applicable laws and regulations.
You agree not to provide inaccurate, misleading or false information to Click Quote Marketing FZE or to any Service User. If information provided to Click Quote Marketing FZE, or another Service User, subsequently becomes inaccurate, misleading or false, you agree to promptly notify Click Quote Marketing FZE of such change.
(d) Advertising and Solicitation Prohibited.
You may not engage in advertising to, or solicitation of, other Service Users. This includes but is not limited to solicitation or advertising to buy or sell any products or services through the Service, or invitations to attend parties or other social functions or networking events for commercial purposes or any other purpose that could be deemed competitive to Click Quote Marketing FZEs Services. You may not transmit any chain letters or junk email to other Service Users. Although Click Quote Marketing FZE cannot monitor the conduct of its Service Users outside of the Service, it is also a violation of these rules to use any information obtained from the Service in order to harass, abuse, or harm another person, or in order to contact, advertise to, solicit, or sell to any Service User without their prior explicit consent. In order to protect our Service Users from such advertising or solicitation, we reserve the right to restrict the number of emails which a Service User may send to other Service Users in any 24-hour period to a number which we deem appropriate in our sole discretion.
If you breach the terms of this subsection and send or post unsolicited bulk email, spam or any other unsolicited communications for commercial purposes or any other purpose that could be deemed competitive to Click Quote Marketing FZEs Services through the Services, you acknowledge that you will have caused substantial harm to Click Quote Marketing FZE, but that the amount of such harm would be extremely difficult to ascertain. As a reasonable estimation of such harm, you agree to pay Click Quote Marketing FZE US$50.00 for each such unsolicited communication you send through the Services.
(e) Grant of License by You.
By posting Content to any public area of Click Quote Marketing FZE, you automatically grant, and you represent and warrant that you have the right to grant, to Click Quote Marketing FZE, its affiliates, licensees and successors, an irrevocable, perpetual, non-exclusive, fully paid, worldwide license to use, copy, perform, display, reproduce, adapt, modify and distribute such information and content and to prepare derivative works of, or incorporate into other works, such information and content, and to grant and authorize sublicenses of the foregoing. You further represent and warrant that public posting and use of your content by Click Quote Marketing FZE will not infringe or violate the rights of any third party, and that any Content you provide will not include or attach anything (including, but not limited to, text, images, music or video) to which you do not have the full right to grant the license specified in the foregoing paragraph.
UNDER NO CIRCUMSTANCE SHALL ANY DISCLOSURE OF ANY SITE USER CONTENT TO Click Quote Marketing FZE BE SUBJECT TO ANY OBLIGATION OF CONFIDENTIALITY OR EXPECTATION OF COMPENSATION OR ATTRIBUTION. BY SUBMITTING ANY SITE USER CONTENT TO OR THROUGH Click Quote Marketing FZE, YOU REPRESENT AND WARRANT THAT ALL YOUR SITE USER CONTENT WILL NOT VIOLATE ANY RIGHT OF ANY THIRD PARTY, INCLUDING COPYRIGHT, TRADEMARK, PRIVACY, OR OTHER PERSONAL OR PROPRIETARY RIGHTS. YOU REPRESENT AND WARRANT THAT NO SITE USER CONTENT WILL BE OR CONTAIN LIBELOUS OR OTHERWISE UNLAWFUL, ABUSIVE, OR OBSCENE MATERIAL. YOU ARE AND SHALL REMAIN SOLELY RESPONSIBLE FOR YOUR SITE USER CONTENT. YOU REPRESENT AND WARRANT TO Click Quote Marketing FZE THAT Click Quote Marketing FZE IS FREE TO USE THE SITE USER CONTENT, EITHER AS SUBMITTED OR AS EDITED BY Click Quote Marketing FZE, AND IMPLEMENT ANY SUGGESTIONS CONTAINED THEREIN, IF IT SO DESIRES, AS PROVIDED OR AS MODIFIED BY Click Quote Marketing FZE, WITHOUT OBTAINING PERMISSION OR LICENSE FROM ANY THIRD PARTY AND WITHOUT ANY COMPENSATION TO YOU.
5. Click Quote Marketing FZE Affiliates.
(a) The Click Quote Marketing FZE Affiliates.
From time to time, Click Quote Marketing FZE may enter into agreements with Solar Providers and marketing and advertising partners. Such persons and entities are referred to herein as Click Quote Marketing FZE Affiliates, and their liability is limited as described below. Service Users rely on content provided by Click Quote Marketing FZE Affiliates at their own risk, as described below.
(b) No Affiliation In Absence of Agreement.
Notwithstanding the foregoing paragraph, Click Quote Marketing FZE is not affiliated with websites or third parties that sell or advertise our services or provides services without a written agreement with us. Click Quote Marketing FZE reserves the right to void all service policies, return policies, and other policies for orders and Click Quote Marketing FZE products or services that were obtained through unauthorized parties. Click Quote Marketing FZE is not responsible for any representations by unauthorized parties.
6. Additional Terms and Conditions.
Additional terms and conditions may be displayed through the Service which apply to specific portions of or products on the Service or your membership, which terms are made part of these Terms of Service by reference. You agree to abide by such other terms and conditions. If there is a conflict between these Terms of Service and the terms posted or emailed for, or applicable to, a specific portion of or products on the Service or your membership, the latter terms shall control with respect to your use of that portion of the Service, the products or your membership.
7. Accuracy of Content.
Excluding Service User Content, the information on this Service is believed to be complete and reliable; however, the information may contain typographical errors, numerical errors, mathematical errors, and other errors or inaccuracies. We will use reasonable efforts to correct errors as soon as practicable. We reserve the right to: (i) correct any errors, inaccuracies, or omissions; and (ii) make changes to content or other information without obligation to issue any notice of such changes. Notwithstanding the foregoing, we are not responsible for inaccuracies contained in any information appearing on the Service, including (without limitation) estimates of savings or estimates of costs to you.
8. Proprietary Rights.
(a) Click Quote Marketing FZEs Proprietary Rights.
Excluding Service User Content, you acknowledge and agree that the content, software, materials and other components (including but not limited to our logos, graphics, videos, music, button icons, and page headers) available on the Service are the highly valuable property of Click Quote Marketing FZE and/or its affiliates, subsidiaries, or licensors and are protected by copyrights, trademarks, service marks, or other proprietary rights and laws. 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 content or materials on the Service (including software and code), without the express written permission of Click Quote Marketing FZE.
(b) Proprietary Rights of Third Parties.
All trademarks not owned by Click Quote Marketing FZE that appear on the Service are the property of their respective owners. Use of the content and materials for any purpose not expressly permitted in these Terms of Service is prohibited. We are not liable for any infringement of copyrights, trademarks, trade dress or other proprietary or intellectual property rights arising out of content posted on or transmitted through the Service by Service Users or Click Quote Marketing FZE Affiliates.
9. Links to Third-Party Websites; No Implied Endorsements.
This Service may contain links to other websites on the Internet or may provide your Essential Data and other provided information to Solar Providers in accordance with these TOS. Similarly, you may reach the service through links, mentions, or other information located on other websites or mobile applications. You acknowledge that we have no control over such third-party websites and that we are not responsible for the accuracy, content, legality, or any other aspect of any linked website or communications with or from any third-party, or located or hosted on any third-party website, application, or forum. Reference to any website, products, services, providers or other information by name, link, trade name, trademark or otherwise does not constitute or imply endorsement, sponsorship or recommendation thereof or any affiliation therewith by Click Quote Marketing FZE.
10. Indemnification by You; No Third Party Beneficiaries.
By using this Service, you agree to indemnify, hold harmless, and defend Click Quote Marketing FZE, its subsidiaries, divisions, and affiliates, and their respective officers, directors, employees, successors, agents, subsidiaries, partners, contractors, vendors, manufacturers, distributors, representatives, affiliates, and the Click Quote Marketing FZE Affiliates (collectively, the Click Quote Marketing FZE Indemnitees) from any claims, damages, losses, liabilities, and all costs and expenses of defense, including but not limited to, attorneys fees, resulting directly or indirectly from a claim (including without limitation, claims made by third parties for infringement of intellectual property rights) by a third party that arises in connection with (i) your use or misuse of the Service; (ii) your reliance upon any content or other information on this Service for any purpose; (iii) a dispute with a Service User; (iv) your breach of the Terms of Service; (v) your violation of any law or the rights of a third party; or (vi) your Service User Content. You agree to cooperate as fully as reasonably required in the defense of any claim. Click Quote Marketing FZE reserves the right to assume the exclusive defense and control of any matter subject to indemnification by you for which you will remain responsible for indemnifying and holding harmless the Click Quote Marketing FZE Indemnitees.
You agree that, except as otherwise expressly provided in these Terms, there shall be no third party beneficiaries to these Terms.
11. Disclaimers.
(a) We Are Not Responsible for Content and Conduct of Others.
Click Quote Marketing FZE is not and shall not be at any time responsible or liable for any loss or damage of any kind, including personal injury or death, (whether in tort, contract, strict liability, or otherwise) arising out of or related to any content or information appearing on this site, or to any act or omission by Solar Providers or other Click Quote Marketing FZE Affiliates, by Click Quote Marketing FZE or by any third party, or by any of the equipment or programming associated with or utilized by the Service. In particular, Click Quote Marketing FZE is not responsible for the conduct, whether online or offline, of any Solar Provider or Click Quote Marketing FZE Affiliate, and by using the Service you expressly waive, release, and promise not to sue Click Quote Marketing FZE or its parents, subsidiaries, officers, owners, or managers for any damage or injury to you, your property, your family, or any other person or property, arising out of actions, omissions, or negligence (whether simple or gross) of Solar Providers or Click Quote Marketing FZE Affiliates. Any content provided to you by Solar Providers or other Click Quote Marketing FZE Affiliates does not necessarily reflect the opinions or policies of Click Quote Marketing FZE; in particular (and without limitation), Click Quote Marketing FZE cannot be held responsible for third-party or Click Quote Marketing FZE Affiliate comments, links, or other information or communications posted or appearing in connection with Click Quote Marketing FZE advertisements or other Click Quote Marketing FZE-generated content.
(b) We Are Not Responsible for Technical Errors.
Click Quote Marketing FZE assumes no responsibility for any error, omission, interruption, delay, communications line failure, deletion, defect, delay in operation or transmission, theft or destruction or unauthorized access to, or alteration of, any Service User Content or other Service User communications. Click Quote Marketing FZE is not responsible for any problems or technical malfunction of any telephone or cable network or lines, computer systems, servers or providers, computer equipment, software, failure of any email or other functions due to technical problems or traffic congestion on the Internet or on the Service, including any injury or damage to Service Users or other persons computer related to or resulting from participation on or through the Service.
(c) We Provide the Service and Services As-Is; No Warranty.
The Service, its content and all text, images, merchandise and other information on, accessible from or available through the Service are provided on an as available and as is basis without warranty of any kind, either express or implied, including but not limited to the implied warranties of merchantability, fitness for a particular purpose, or non-infringement. Specifically, but without limitation, Click Quote Marketing FZE does not warrant that: (i) the information available on the Service is free of errors; (ii) the functions contained on this site will be uninterrupted or free of errors; (iii) defects will be corrected, or (iv) the Service or the server(s) and other technology that makes it available will always function as intended or are free of viruses or other harmful components. Click Quote Marketing FZE is not a Solar Provider, and cannot and does not provide any warranty regarding the workmanship or suitability for a particular purpose of any goods or services provided by any Solar Provider.
12. Limitation of Liability.
By accessing or using this Service, you accept unconditionally the following general and specific limitations of liability:
(a) You rely on content and the Service at your own risk.
The Service provides a mechanism for estimating savings to you in connection with the potential purchase, financing, and installation of solar products utilizing third-party algorithms and data, and connects you with Solar Providers who may (or may not) be able to provide you with goods and services in connection with the purchase, financing, and installation of solar products. Such information and content is provided by Solar Providers and other third parties, but not directly by Click Quote Marketing FZE. Click Quote Marketing FZE does not (i) guarantee the accuracy, completeness, or usefulness of any information found on the Service (including estimates or Solar Provider contacts), or (ii) adopt, endorse or accept responsibility for the accuracy or reliability of any opinion, advice, or statement made by any party that appears on the Service or who is introduced to you through the Service. Under no circumstances shall Click Quote Marketing FZE or its affiliates be responsible for any loss or damage resulting from your reliance on information or other content posted on the Service or transmitted to or by any Service Users or third parties. This includes any loss or damage resulting from your reliance on information provided by Click Quote Marketing FZE Affiliates in response to a question that you may have posed to one or more of the Click Quote Marketing FZE Affiliates.
(b) You interact with other Service Users at your own risk.
The Service also provides a forum for interacting with other Service Users. You are solely responsible for your interactions with other Service Users or other individuals you encounter on or through the Service, whether on the Service or in person. You understand that Click Quote Marketing FZE does not conduct criminal background checks on Service Users, nor do we otherwise inquire into the backgrounds of Service Users or attempt to verify the veracity of any statements made by its Service Users.
Click Quote Marketing FZE makes no representations or warranties regarding the conduct of any Service User. Notwithstanding the foregoing, Click Quote Marketing FZE reserves the right to use publicly-available records to conduct criminal background checks or otherwise screen Service Users at any time, using any legal means.
In no event shall Click Quote Marketing FZE be liable for any damages whatsoever, whether direct, indirect, general, special, compensatory, consequential, and/or incidental, arising out of or relating to the conduct of you or anyone else in connection with the use of the Service, including without limitation, bodily injury, emotional distress, and/or any other damages resulting from communications or meetings with other registered users of the Service or other persons you meet through the Service. You agree to take all reasonable precautions in all interactions with other Service Users, especially if you decide to meet offline or in person. You acknowledge that you should not provide any personal or financial information (for example, credit card or bank account information) through the Service.
You understand that Click Quote Marketing FZE makes no guarantees, either express or implied, regarding information or services acquired through the Service.
IN NO EVENT SHALL Click Quote Marketing FZE, ITS SUBSIDIARIES, DIVISIONS, OR AFFILIATES OR THEIR RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, SUCCESSORS, SUBSIDIARIES, DIVISIONS, DISTRIBUTORS, SUPPLIERS, AFFILIATES, OR THIRD PARTIES PROVIDING INFORMATION ON THIS SITE BE LIABLE TO ANY USER OF THE SITE OR ANY OTHER PERSON OR ENTITY FOR ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, PUNITIVE, CONSEQUENTIAL OR EXEMPLARY DAMAGES (INCLUDING, BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, LOSS OF DATA, OR LOSS OF USE) ARISING OUT OF THE USE OR INABILITY TO USE THE SITE OR ANY INFORMATION CONTAINED THEREON OR STORED OR MAINTAINED BY Click Quote Marketing FZE, WHETHER BASED UPON WARRANTY, CONTRACT, TORT, OR OTHERWISE, EVEN IF Click Quote Marketing FZE HAS BEEN ADVISED OF OR SHOULD HAVE KNOWN OF THE POSSIBILITY OF SUCH DAMAGES OR LOSSES. IN NO EVENT SHALL THE TOTAL LIABILITY OF Click Quote Marketing FZE, ITS SUBSIDIARIES, OR AFFILIATES OR THEIR RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, SUCCESSORS, SUBSIDIARIES, DIVISIONS, DISTRIBUTORS, SUPPLIERS, AFFILIATES OR THIRD PARTIES PROVIDING INFORMATION ON THIS SITE TO YOU FOR ALL DAMAGES, LOSSES, AND CAUSES OF ACTION RESULTING FROM YOUR USE OF THIS SITE, WHETHER IN CONTRACT, TORT (INCLUDING, BUT NOT LIMITED TO, NEGLIGENCE) OR OTHERWISE, EXCEED THE AMOUNT YOU PAID TO Click Quote Marketing FZE IN CONNECTION WITH THE APPLICABLE SERVICE, GOOD, OR OTHER OFFERING GIVING RISE TO SUCH LIABILITY, OR, IF YOU HAVE NOT PAID Click Quote Marketing FZE FOR THE USE OF ANY SUCH SERVICES, GOODS, OR OTHER OFFERING, THE AMOUNT OF US$25.00 OR ITS EQUIVALENT.
WITHOUT LIMITING THE FOREGOING, IN NO EVENT SHALL Click Quote Marketing FZE, ITS SUBSIDIARIES OR AFFILIATES (INCLUDING THE Click Quote Marketing FZE AFFILIATES) OR THEIR RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, SUCCESSORS, SUBSIDIARIES, DIVISIONS, DISTRIBUTORS, SUPPLIERS, AFFILIATES, OR THIRD PARTIES PROVIDING INFORMATION ON THIS SITE HAVE ANY LIABILITY FOR ANY DAMAGES OR LOSSES ARISING OUT OF OR OTHERWISE INCURRED IN CONNECTION WITH THE LOSS OF ANY DATA OR INFORMATION CONTAINED IN YOUR ACCOUNT OR OTHERWISE STORED BY OR ON BEHALF OF Click Quote Marketing FZE.
YOU HEREBY ACKNOWLEDGE THAT THIS SECTION 12 APPLIES TO ALL CONTENT, SERVICES, AND PRODUCTS AVAILABLE THROUGH THE SERVICE. BECAUSE SOME STATES DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES OR THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES, IN SUCH STATES SOME OR ALL OF THE ABOVE DISCLAIMERS OR EXCLUSIONS MAY NOT APPLY AND LIABILITY WILL BE LIMITED TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW.
13. International Use.
Access of the Service from outside of the United States is not permitted. While we may take certain technical measures to block such use, if you access the Service notwithstanding such measures (or if such measures are not in place or ineffective for any reason), we make no representation that information on this Service is appropriate or available for use outside the United States, or that these TOS or the Privacy Policy are compatible with your local laws. Use of a virtual private network (VPN) or similar technology that would permit you to circumvent any technological barriers to accessing the Service is not permitted.
14. Term and Termination; Survival; Unavailability of Service.
(a) Term and Termination.
These Terms will remain in full force and effect from the first time that you access the Service and shall remain in effect in perpetuity. However, Click Quote Marketing FZE retains the right to modify these Terms at any time, at which point the modified Terms shall supersede the previous Terms and the modified Terms shall remain in effect until perpetuity. We may, in our sole discretion, terminate or suspend your use or access to all or part of the Service or your account or membership, for any reason, including without limitation, breach of these Terms of Service. You may terminate your membership at any time, for any reason, by following the instructions on the Service on how to terminate your membership, or you may provide us with written notice using the email or postal address listed at the bottom of these Terms. If at any time, we notify you that your access to and/or use of the Service or your account is terminated, you must cease and desist from all such access and/or use immediately.
(b) Survival.
In the event these Terms of Service or your membership or account are terminated (whether by you or by us, and whether for cause or without cause) the restrictions regarding intellectual property matters, the representations and warranties, indemnities, and limitations of liabilities set forth herein (as well as any other of your obligations which by their nature should survive termination) will survive termination.
(c) Unavailability of Service.
We may alter, suspend, or discontinue this Service in whole or in part, at any time and for any reason, without notice or cost. In addition, the Service may be temporarily unavailable from time to time for maintenance or other reasons. You agree that Click Quote Marketing FZE shall not be liable to you or to any third party for any modification, suspension, or discontinuance of the Service.
15. Copyright; DMCA Procedures.
The Digital Millennium Copyright Act of 1998 (the DMCA) provides recourse for copyright owners who believe that material appearing on the Internet infringes their rights under U.S. copyright law. If you believe that any materials on this Service infringe your copyright, you may request that they be removed. This request must bear a signature (or electronic equivalent) of the copyright holder or an authorized representative, and must: (a) identify the allegedly infringing materials; (b) indicate where on the Service the infringing materials are located; (c) provide your name and contact information; (d) state that you have a good faith belief that the materials are infringing; (e) state that the information in your claim is accurate; and (f) indicate that under penalty of perjury you are the lawful copyright owner or are authorized to act on the owners behalf. If you believe that someone has wrongly filed a notice of copyright infringement against you, the DMCA permits you to send this Service a counter-notice. Notices and counter-notices must meet the then-current statutory requirements imposed by the DMCA. See http://www.copyright.gov for further information. Our contact for copyright issues relating to this Service (including the notices and counter-notices) is: legal@Click Quote Marketing FZE.io. Please note that there are penalties for false claims under the DMCA.
16. Arbitration; Choice of Law and Forum.
(a) Arbitration Agreement.
The exclusive means of resolving any dispute or claim arising out of or relating to these Terms (including any alleged breach thereof), the Service, or the Service shall be binding arbitration administered by the American Arbitration Association in White Plains, New York. The sole exception to the exclusivity of arbitration is that you have the right to bring an individual claim against Click Quote Marketing FZE in a small-claims court of competent jurisdiction. But whether you choose arbitration or small-claims court, you may not under any circumstances commence or maintain against Click Quote Marketing FZE any class action, class arbitration, or other representative action or proceeding.
(b) Notice of Rights.
By using the Service or the Service in any way, you agree to the above arbitration agreement. In doing so, you give up your right to go to court to assert or defend any claims between you and Click Quote Marketing FZE (except for matters that may be taken to small-claims court). You also give up your right to participate in a class action or other class proceeding. Your rights will be determined by a neutral arbitrator, not a judge or jury. You are entitled to a fair hearing before the arbitrator. The arbitrator can grant any relief that a court can, but you should note that arbitration proceedings are usually simpler and more streamlined than trials and other judicial proceedings. Decisions by the arbitrator are enforceable in court and may be overturned by a court only for very limited reasons.
Notwithstanding anything contained in these Terms of Service to the contrary, Click Quote Marketing FZE shall have the right to institute judicial proceedings against you or anyone acting by, through or under you, in order to enforce our rights hereunder through reformation of contract, specific performance, injunction or similar equitable relief. You consent to the jurisdiction of such courts and irrevocably waive any objection, including without limitation any objection to the laying of venue or objection based on the grounds of forum non conveniens, which you may now or hereafter have to the bringing of any such action or proceeding in such jurisdiction.
In addition, you expressly waive any right to a jury trial in any legal proceeding against Click Quote Marketing FZE, its subsidiaries, divisions, or affiliates or their respective officers, directors, employees, agents, or successors under or related to these Terms of Service. Any claim or cause of action you have with respect to use of the Service must be commenced within one (1) year after the claim arises.
(c) Forum; Choice of Law.
For purposes of any actions or proceedings ancillary to arbitration, or in the event that a given controversy is held by a court of competent jurisdiction to be non-arbitrable, each of the parties hereto (i) irrevocably agrees that the state and federal courts located in White Plains, New York shall have sole and exclusive jurisdiction over any suit or other proceeding arising out of or based upon this Agreement, (ii) submits to the venue and jurisdiction of such courts, and (iii) irrevocably consents to personal jurisdiction by such courts.
These Terms of Service and any dispute of any sort that might arise between you and Click Quote Marketing FZE or its subsidiaries, divisions, or affiliates shall be governed by and construed in accordance with the laws of the State of New York, without regard to its conflict of law principles, as it is applied to agreements entered into and performed therein.