Terms and Conditions
1. ACCEPTANCE OF TERMS
Professionalclick.com welcomes you. Professionalclick.com provides the Professionalclick.com Services (defined below) to you subject to the following Terms of Service ("TOS"), which may be updated by us from time to time without notice to you. You can review the most current version of the TOS at any time at: http://professionalclick.com/terms_and_condition.php. By accessing and using the Professionalclick.com Services, you accept and agree to be bound by the terms and provision of the TOS. In addition, when using particular Professionalclick.com owned or operated services, you and Professionalclick.com shall be subject to any posted guidelines or rules applicable to such services, which may be posted and modified from time to time. All such guidelines or rules (including but not limited to our Spam Policy) are hereby incorporated by reference into the TOS. Professionalclick.com may also offer other services that are governed by different Terms of Service. For instance, different terms apply to homesteaders on Professionalclick.com GeoCities or members of AT&T Professionalclick.com Dial or AT&T Professionalclick.com High Speed.
Professionalclick.com provides users with access to a rich collection of resources, including without limitation various communications tools, forums, shopping services, search services, personalized content and branded programming through its network of properties which may be accessed through any various medium or device now known or hereafter developed (the "Professionalclick.com Services"). You also understand and agree that the Professionalclick.com Services may include advertisements and that these advertisements are necessary for Professionalclick.com to provide the Professionalclick.com Services. You also understand and agree that the Professionalclick.com Services may include certain communications from Professionalclick.com, such as service announcements, administrative messages and the Professionalclick.com Newsletter, and that these communications are considered part of Professionalclick.com membership and you will not be able to opt out of receiving them. Unless explicitly stated otherwise, any new features that augment or enhance the current Professionalclick.com Services, including the release of new Professionalclick.com properties, shall be subject to the TOS. You understand and agree that the Professionalclick.com Services is provided "AS-IS" and that Professionalclick.com assumes no responsibility for the timeliness, deletion, mis-delivery or failure to store any user communications or personalization settings. You are responsible for obtaining access to the Professionalclick.com Services, and that access may involve third-party fees (such as Internet service provider or airtime charges). You are responsible for those fees, including those fees associated with the display or delivery of advertisements. In addition, you must provide and are responsible for all equipment necessary to access the Professionalclick.com Services.
You understand that the technical processing and transmission of the Professionalclick.com Services, including your Content, may involve (a) transmissions over various networks; and (b) changes to conform and adapt to technical requirements of connecting networks or devices.
Please be aware that Professionalclick.com has created certain areas on the Professionalclick.com Services that contain adult or mature content. You must be at least 18 years of age to access and view such areas.
In consideration of your use of the Professionalclick.com Services, you represent that you are of legal age to form a binding contract and are not a person barred from receiving the Professionalclick.com Services under the laws of the United States or other applicable jurisdiction. You also agree to: (a) provide true, accurate, current and complete information about yourself as prompted by the Professionalclick.com Service's registration form (the "Registration Data") and (b) maintain and promptly update the Registration Data to keep it true, accurate, current and complete. If you provide any information that is untrue, inaccurate, not current or incomplete, or Professionalclick.com has reasonable grounds to suspect that such information is untrue, inaccurate, not current or incomplete, Professionalclick.com has the right to suspend or terminate your account and refuse any and all current or future use of the Professionalclick.com Services (or any portion thereof). Professionalclick.com is concerned about the safety and privacy of all its users, particularly children. For this reason, parents of children under the age of 13 who wish to allow their children access to the Professionalclick.com Services must create a Professionalclick.com Family Account. When you create a Professionalclick.com Family Account and add your child to the account, you certify that you are at least 18 years old and that you are the legal guardian of the child/children listed on the Professionalclick.com Family Account. By adding a child to your Professionalclick.com Family Account, you also give your child permission to access many areas of the Professionalclick.com Services, including, email, message boards and instant messaging (among others). Please remember that the Professionalclick.com Services is designed to appeal to a broad audience. Accordingly, as the legal guardian, it is your responsibility to determine whether any of the Professionalclick.com Services areas and/or Content (as defined in Section 6 below) are appropriate for your child.
You will receive a password and account designation upon completing the Professionalclick.com Service's registration process. You are responsible for maintaining the confidentiality of the password and account and are fully responsible for all activities that occur under your password or account. You agree to (a) immediately notify Professionalclick.com of any unauthorized use of your password or account or any other breach of security, and (b) ensure that you exit from your account at the end of each session. Professionalclick.com cannot and will not be liable for any loss or damage arising from your failure to comply with this Section 5.
You understand that all information, data, text, software, music, sound, photographs, graphics, video, messages, tags, or other materials ("Content"), whether publicly posted or privately transmitted, are the sole responsibility of the person from whom such Content originated. This means that you, and not Professionalclick.com, are entirely responsible for all Content that you upload, post, email, transmit or otherwise make available via the Professionalclick.com Services. Professionalclick.com does not control the Content posted via the Professionalclick.com Services and, as such, does not guarantee the accuracy, integrity or quality of such Content. You understand that by using the Professionalclick.com Services, you may be exposed to Content that is offensive, indecent or objectionable. Under no circumstances will Professionalclick.com be liable in any way for any Content, including, but not limited to, any errors or omissions in any Content, or any loss or damage of any kind incurred as a result of the use of any Content posted, emailed, transmitted or otherwise made available via the Professionalclick.com Services.
You agree to not use the Professionalclick.com Services to:
You acknowledge that Professionalclick.com may or may not pre-screen Content, but that Professionalclick.com and its designees shall have the right (but not the obligation) in their sole discretion to pre-screen, refuse, or remove any Content that is available via the Professionalclick.com Services. Without limiting the foregoing, Professionalclick.com and its designees shall have the right to remove any Content that violates the TOS or is otherwise objectionable. You agree that you must evaluate, and bear all risks associated with, the use of any Content, including any reliance on the accuracy, completeness, or usefulness of such Content. In this regard, you acknowledge that you may not rely on any Content created by Professionalclick.com or submitted to Professionalclick.com, including without limitation information in Professionalclick.com Message Boards and in all other parts of the Professionalclick.com Services.
You acknowledge, consent and agree that Professionalclick.com may access, preserve and disclose your account information and Content if required to do so by law or in a good faith belief that such access preservation or disclosure is reasonably necessary to: (i) comply with legal process; (ii) enforce the TOS; (iii) respond to claims that any Content violates the rights of third parties; (iv) respond to your requests for customer service; or (v) protect the rights, property or personal safety of Professionalclick.com, its users and the public.
You understand that the Professionalclick.com Services and software embodied within the Professionalclick.com Services may include security components that permit digital materials to be protected, and that use of these materials is subject to usage rules set by Professionalclick.com and/or content providers who provide content to the Professionalclick.com Services. You may not attempt to override or circumvent any of the usage rules embedded into the Professionalclick.com Services. Any unauthorized reproduction, publication, further distribution or public exhibition of the materials provided on the Professionalclick.com Services, in whole or in part, is strictly prohibited.
When you register with Professionalclick.com, you acknowledge that in using the Professionalclick.com Services to send electronic communications (including but not limited to email, search queries, sending messages to Professionalclick.com Chat or Professionalclick.com Groups, uploading photos and files to Flickr, and other Internet activities), you will be causing communications to be sent through Professionalclick.com's computer networks, portions of which are located in California, Texas, Virginia, and other locations in the United States and portions of which are located abroad. As a result, and also as a result of Professionalclick.com's network architecture and business practices and the nature of electronic communications, even communications that seem to be intrastate in nature can result in the transmission of interstate communications regardless of where you are physically located at the time of transmission. Accordingly, by agreeing to this TOS, you acknowledge that use of the service results in interstate data transmissions.
Recognizing the global nature of the Internet, you agree to comply with all local rules regarding online conduct and acceptable Content. Use of the Professionalclick.com Services and transfer, posting and uploading of software, technology, and other technical data via the Professionalclick.com Services may be subject to the export and import laws of the United States and other countries. You agree to comply with all applicable export and import laws and regulations. In particular, you: (a) represent that you are not a party identified on any government export exclusion list, including but not limited to the U.S. Denied Persons, Entity, and Specially Designated Nationals Lists, nor will you transfer software, technology, and other technical data via the Professionalclick.com Services to parties identified on such lists; (b) agree not to use the Professionalclick.com Services for military, nuclear, missile, chemical or biological weaponry end uses in violation of U.S. export laws; (c) agree not to transfer, upload, or post via the Professionalclick.com Services any software, technology or other technical data in violation of U.S. or other applicable export or import laws.
Professionalclick.com does not claim ownership of Content you submit or make available for inclusion on the Professionalclick.com Services. However, with respect to Content you submit or make available for inclusion on publicly accessible areas of the Professionalclick.com Services, you grant Professionalclick.com the following worldwide, royalty-free and non-exclusive license(s), as applicable:
"Publicly accessible" areas of the Professionalclick.com Services are those areas of the Professionalclick.com network of properties that are intended by Professionalclick.com to be available to the general public. By way of example, publicly accessible areas of the Professionalclick.com Services would include Professionalclick.com Message Boards and portions of Professionalclick.com Groups and Flickr that are open to both members and visitors. However, publicly accessible areas of the Professionalclick.com Services would not include portions of Professionalclick.com Groups that are limited to members, Professionalclick.com services intended for private communication such as Professionalclick.com Mail or Professionalclick.com Messenger, or areas off of the Professionalclick.com network of properties such as portions of World Wide Web sites that are accessible via hypertext or other links but are not hosted or served by Professionalclick.com.
By submitting ideas, suggestions, documents, and/or proposals ("Contributions") to Professionalclick.com through its suggestion or feedback webpages, you acknowledge and agree that: (a) your Contributions do not contain confidential or proprietary information; (b) Professionalclick.com is not under any obligation of confidentiality, express or implied, with respect to the Contributions; (c) Professionalclick.com shall be entitled to use or disclose (or choose not to use or disclose) such Contributions for any purpose, in any way, in any media worldwide; (d) Professionalclick.com may have something similar to the Contributions already under consideration or in development; (e) your Contributions automatically become the property of Professionalclick.com without any obligation of Professionalclick.com to you; and (f) you are not entitled to any compensation or reimbursement of any kind from Professionalclick.com under any circumstances.
You agree to indemnify and hold Professionalclick.com and its subsidiaries, affiliates, officers, agents, employees, partners and licensors harmless from any claim or demand, including reasonable attorneys' fees, made by any third party due to or arising out of Content you submit, post, transmit, modify or otherwise make available through the Professionalclick.com Services, your use of the Professionalclick.com Services, your connection to the Professionalclick.com Services, your violation of the TOS, or your violation of any rights of another.
You agree not to reproduce, duplicate, copy, sell, trade, resell or exploit for any commercial purposes, any portion or use of, or access to, the Professionalclick.com Services (including Content, advertisements, Software and your Professionalclick.com ID).
You acknowledge that Professionalclick.com may establish general practices and limits concerning use of the Professionalclick.com Services, including without limitation the maximum number of days that email messages, message board postings or other uploaded Content will be retained by the Professionalclick.com Services, the maximum number of email messages that may be sent from or received by an account on the Professionalclick.com Services, the maximum size of any email message that may be sent from or received by an account on the Professionalclick.com Services, the maximum disk space that will be allotted on Professionalclick.com's servers on your behalf, and the maximum number of times (and the maximum duration for which) you may access the Professionalclick.com Services in a given period of time. You agree that Professionalclick.com has no responsibility or liability for the deletion or failure to store any messages and other communications or other Content maintained or transmitted by the Professionalclick.com Services. You acknowledge that Professionalclick.com reserves the right to log off accounts that are inactive for an extended period of time. You further acknowledge that Professionalclick.com reserves the right to modify these general practices and limits from time to time.
Professionalclick.com Messenger, including any web-based versions, will allow you and the people with whom you communicate to save your conversations in your Professionalclick.com accounts located on Professionalclick.com servers. This means you can access and search your message history from any computer with access to the internet. Whether or not you use this feature, other users may choose to use it to save conversations with you in their account on Professionalclick.com too. Your agreement to this TOS constitutes your consent to allow Professionalclick.com to store these communications on its servers.
Professionalclick.com reserves the right at any time and from time to time to modify or discontinue, temporarily or permanently, the Professionalclick.com Services (or any part thereof) with or without notice. You agree that Professionalclick.com shall not be liable to you or to any third party for any modification, suspension or discontinuance of the Professionalclick.com Services (or any part thereof).
You may terminate your Professionalclick.com account, any associated email address and access to the Professionalclick.com Services by submitting such termination request to Professionalclick.com.
You agree that Professionalclick.com may, without prior notice, immediately terminate, limit your access to or suspend your Professionalclick.com account, any associated email address, and access to the Professionalclick.com Services. Cause for such termination, limitation of access or suspension shall include, but not be limited to, (a) breaches or violations of the TOS or other incorporated agreements or guidelines, (b)requests by law enforcement or other government agencies, (c) discontinuance or material modification to the Professionalclick.com Services (or any part thereof), (d) unexpected technical or security issues or problems, (e) extended periods of inactivity, (f) engagement by you in fraudulent or illegal activities, and/or (g) nonpayment of any fees owed by you in connection with the Professionalclick.com Services. Further, you agree that all terminations, limitations of access and suspensions for cause shall be made in Professionalclick.com's sole discretion and that Professionalclick.com shall not be liable to you or any third party for any termination of your account, any associated email address, or access to the Professionalclick.com Services.
Termination of your Professionalclick.com account includes any or all of the following: (a) removal of access to all or part of the offerings within the Professionalclick.com Services, (b) deletion of your password and all related information, files and content associated with or inside your account (or any part thereof), and (c) barring of further use of all or part of the Professionalclick.com Services.
Your correspondence or business dealings with, or participation in promotions of, advertisers found on or through the Professionalclick.com Services, including payment and delivery of related goods or services, and any other terms, conditions, warranties or representations associated with such dealings, are solely between you and such advertiser. You agree that Professionalclick.com shall not be responsible or liable for any loss or damage of any sort incurred as the result of any such dealings or as the result of the presence of such advertisers on the Professionalclick.com Services.
The Professionalclick.com Services may provide, or third parties may provide, links to other World Wide Web sites or resources. You acknowledge and agree that Professionalclick.com is not responsible for the availability of such external sites or resources, and does not endorse and is not responsible or liable for any Content, advertising, products or other materials on or available from such sites or resources. You further acknowledge and agree that Professionalclick.com shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any such Content, goods or services available on or through any such site or resource.
You acknowledge and agree that the Professionalclick.com Services and any necessary software used in connection with the Professionalclick.com Services ("Software") contain proprietary and confidential information that is protected by applicable intellectual property and other laws. You further acknowledge and agree that Content contained in advertisements or information presented to you through the Professionalclick.com Services or by advertisers is protected by copyrights, trademarks, service marks, patents or other proprietary rights and laws. Except as expressly permitted by applicable law or as authorized by Professionalclick.com or the applicable licensor (such as an advertiser), you agree not to modify, rent, lease, loan, sell, distribute, transmit, broadcast, publicly perform or create derivative works based on the Professionalclick.com Services, such Content or the Software, in whole or in part.
Professionalclick.com grants you a personal, non-transferable and non-exclusive right and license to use the object code of its Software on a single computer; provided that you do not (and do not allow any third party to) copy, modify, create a derivative work from, reverse engineer, reverse assemble or otherwise attempt to discover any source code, sell, assign, sublicense, grant a security interest in or otherwise transfer any right in the Software. You agree not to modify the Software in any manner or form, nor to use modified versions of the Software, including (without limitation) for the purpose of obtaining unauthorized access to the Professionalclick.com Services. You agree not to access the Professionalclick.com Services by any means other than through the interface that is provided by Professionalclick.com for use in accessing the Professionalclick.com Services.
YOU EXPRESSLY UNDERSTAND AND AGREE THAT:
YOU EXPRESSLY UNDERSTAND AND AGREE THAT Professionalclick.com AND ITS SUBSIDIARIES, AFFILIATES, OFFICERS, EMPLOYEES, AGENTS, PARTNERS AND LICENSORS SHALL NOT BE LIABLE TO YOU FOR ANY PUNITIVE, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES, INCLUDING, BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES (EVEN IF Professionalclick.com HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), RESULTING FROM: (a) THE USE OR THE INABILITY TO USE THE Professionalclick.com SERVICE; (b) THE COST OF PROCUREMENT OF SUBSTITUTE GOODS AND SERVICES; (c) UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA; (d) STATEMENTS OR CONDUCT OF ANY THIRD PARTY ON THE Professionalclick.com SERVICE; OR (e) ANY OTHER MATTER RELATING TO THE Professionalclick.com SERVICE.
SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES OR THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES. ACCORDINGLY, SOME OF THE ABOVE LIMITATIONS OF SECTIONS 19 AND 20 MAY NOT APPLY TO YOU.
If you intend to create or join any service, receive or request any news, messages, alerts or other information from the Professionalclick.com Services concerning companies, stock quotes, investments or securities, please read the above Sections 19 and 20 again. They go doubly for you. In addition, for this type of information particularly, the phrase "Let the investor beware" is apt. The Professionalclick.com Services is provided for informational purposes only, and no Content included in the Professionalclick.com Services is intended for trading or investing purposes. Professionalclick.com and its licensors shall not be responsible or liable for the accuracy, usefulness or availability of any information transmitted or made available via the Professionalclick.com Services, and shall not be responsible or liable for any trading or investment decisions based on such information.
You agree that, except as otherwise expressly provided in this TOS, there shall be no third-party beneficiaries to this agreement.
Professionalclick.com may provide you with notices, including those regarding changes to the TOS, including by but not limited to email, regular mail, SMS, MMS, text message, postings on the Professionalclick.com Services, or other reasonable means now known or hereafter developed. Such notices may not be received if you violate this TOS by accessing the Professionalclick.com Services in an unauthorized manner. Your agreement to this TOS constitutes your agreement that you are deemed to have received any and all notices that would have been delivered had you accessed the Professionalclick.com Services in an authorized manner.
You agree that all of Professionalclick.com’s trademarks, trade names, service marks and other Professionalclick.com logos and brand features, and product and service names are trademarks and the property of Professionalclick.com Inc. (the "Professionalclick.com Marks"). Without Professionalclick.com's prior permission, you agree not to display or use in any manner the Professionalclick.com Marks.
Professionalclick.com respects the intellectual property of others, and we ask our users to do the same. Professionalclick.com may, in appropriate circumstances and at its discretion, disable and/or terminate the accounts of users who may be repeat infringers. If you believe that your work has been copied in a way that constitutes copyright infringement, or your intellectual property rights have been otherwise violated, please provide Professionalclick.com's Copyright Agent the following information:
Professionalclick.com's Agent for Notice of claims of copyright or other intellectual property infringement can be reached as follows:
By email: firstname.lastname@example.org
Entire Agreement. The TOS constitutes the entire agreement between you and Professionalclick.com and governs your use of the Professionalclick.com Services, superseding any prior version of this TOS between you and Professionalclick.com with respect to the Professionalclick.com Services. You also may be subject to additional terms and conditions that may apply when you use or purchase certain other Professionalclick.com services, affiliate services, third-party content or third-party software.
Choice of Law and Forum. You and Professionalclick.com each agree that the TOS and the relationship between the parties shall be governed by the laws of the State of California without regard to its conflict of law provisions and that any and all claims, causes of action or disputes (regardless of theory) arising out of or relating to the TOS, or the relationship between you and Professionalclick.com, shall be brought exclusively in the courts located in the county of Santa Clara, California or the U.S. District Court for the Northern District of California. You and Professionalclick.com agree to submit to the personal jurisdiction of the courts located within the county of Santa Clara, California or the Northern District of California, and agree to waive any and all objections to the exercise of jurisdiction over the parties by such courts and to venue in such courts.
Waiver and Severability of Terms. The failure of Professionalclick.com to exercise or enforce any right or provision of the TOS shall not constitute a waiver of such right or provision. If any provision of the TOS is found by a court of competent jurisdiction to be invalid, the parties nevertheless agree that the court should endeavor to give effect to the parties' intentions as reflected in the provision, and the other provisions of the TOS remain in full force and effect.
No Right of Survivorship and Non-Transferability. You agree that your Professionalclick.com account is non-transferable and any rights to your Professionalclick.com ID or contents within your account terminate upon your death. Upon receipt of a copy of a death certificate, your account may be terminated and all contents therein permanently deleted.
Statute of Limitations. You agree that regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to use of the Professionalclick.com Services or the TOS must be filed within one (1) year after such claim or cause of action arose or be forever barred.
The section titles in the TOS are for convenience only and have no legal or contractual effect.
Please report any violations of the TOS to our Customer Care group.
Last updated September 6, 2009