Terms of Service
ValidClick, Inc. (“ValidClick Apps”, “we”, or “us”) is pleased to provide you (i) website and browser add-on (the “ValidClick Apps Product”) and (ii) our “Search Application” made available by means of a search box on an ValidClick Apps Product (collectively the ValidClick Apps Product and Search Application are hereinafter referred to as the “ValidClick Apps Services”).
BY USING VALIDCLICK APPS SERVICES, YOU ARE DEEMED TO ACCEPT THESE TERMS OF SERVICE. IF YOU DO NOT WANT TO BE BOUND BY THESE TERMS OF SERVICE, DO NOT DOWNLOAD OR ACCESS THE VALIDCLICK APPS SERVICES.
1. Services Overview
The ValidClick Apps Products offer a number of features including our Search Application which allows you to enter and perform Internet searches, reset your Internet browser’s default homepage and/or new tab page, customize widgets, and much more. The ValidClick Apps Services may integrate, be integrated into, or be provided in connection with third-party services and content. We do not control those third-party services and content. You should read the terms of use agreements and privacy policies that apply to such third-party services and content, which may be found on the relevant third-party’s website.
2. Age Requirement
Our ValidClick Apps Services are intended for general audiences over the age of 18 years old. We do not knowingly collect information from children under the age of 18 years old. If you are not over 18 years old, then DO NOT DOWNLOAD OR USE THE VALIDCLICK APPS SERVICES.
3. Use of Services; Eligibility; Grant License
You may access the ValidClick Apps Services for personal, non-commercial purposes. Use of the ValidClick Apps Services is void where prohibited. By accessing or otherwise using the ValidClick Apps Services, you hereby acknowledge, warrant, and represent that (i) you have read, understand, and agree to be legally bound, and to abide, by these Terms of Service; and (ii) you have the right, authority and capacity to enter into this agreement and to abide by all the terms and conditions of these Terms of Service.
We reserve the right, at any time and from time to time, to temporarily or permanently, in whole or in part, to: (a) modify or discontinue the ValidClick Apps Services, with or without notice. You agree that neither we nor any of our affiliates shall be liable to you or to any third party for any modification, suspension or discontinuance of the ValidClick Apps Services (in whole or in part), any content, or features offered through the ValidClick Apps Services. Your continued use of the ValidClick Apps Services following the posting of changes to these Terms of Service will constitute your acceptance of such changes.
4. Links, External Sites, and APIs
When you use the ValidClick Apps Services you could be directed, via hyperlink, to third party websites that are beyond our control. For example, our ValidClick Apps Services may provide search results in response to user queries or other links from advertisers, sponsors or content partners that may or may not use ads or logo(s) to link to their own sites. You acknowledge that when you click on a link the site you will land on may not be controlled by us and different terms of use and privacy policies shall apply. By clicking on such links you hereby acknowledge that we are not responsible for those websites or their associated content or services. We also reserve the right to disable links from any third-party sites, although we are under no obligation to do so.
5. Disclaimers
THE VALIDCLICK APPS SERVICES, INFORMATION, CONTENT AND MATERIALS THEREIN ARE PROVIDED “AS IS” AND WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO, ANY IMPLIED WARRANTY OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE; NON-INFRINGEMENT; ANY IMPLIED WARRANTY RELATING TO COURSE OF PERFORMANCE, COURSE OF DEALING, OR USAGE OF TRADE; AND ANY WARRANTY REGARDING THE SUITABILITY AND QUALITY OF OUR SITE FOR YOUR PURPOSES OR EXPECTATIONS. WE DO NOT WARRANT THAT THE FUNCTIONS CONTAINED IN INFORMATION, CONTENT AND MATERIALS ON OR THROUGH THE VALIDCLICK APPS SERVICES WILL BE UNINTERRUPTED OR ERROR-FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT OUR APPLICATIONS OR THE SERVERS THAT MAKE SUCH INFORMATION, CONTENT AND MATERIALS AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. MOREOVER, YOU ASSUME THE ENTIRE COST OF ALL ASSOCIATED SERVICING, REPAIR OR NECESSARY CORRECTION DUE TO ANY SUCH HARM. WE DO NOT WARRANT OR MAKE ANY REPRESENTATIONS REGARDING THE USE OR THE RESULTS OF THE USE OF ANY INFORMATION, CONTENT, MATERIALS, PRODUCTS OR SERVICES CONTAINED ON OR OFFERED, MADE AVAILABLE THROUGH, OR OTHERWISE RELATED IN ANY WAY TO OUR VALIDCLICK APPS SERVICES OR ANY THIRD PARTY SITES OR SERVICES LINKED TO OR FROM OUR VALIDCLICK APPS SERVICES IN TERMS OF THEIR CORRECTNESS, ACCURACY, COMPLETENESS, AVAILABILITY, RELIABILITY, SAFETY OR OTHERWISE.
WE CANNOT ENSURE THAT YOU WILL BE SATISFIED WITH ANY PRODUCTS OR SERVICES THAT YOU MAY PURCHASE FROM A THIRD PARTY WEBSITE THAT LINKS TO OR FROM OUR VALIDCLICK APPS SERVICES OR THIRD PARTY INFORMATION, CONTENT OR MATERIALS CONTAINED THEREON. WE DO NOT ENDORSE ANY OF THE CONTENT, NOR HAVE WE TAKEN ANY STEPS TO CONFIRM THE ACCURACY, COMPLETENESS OR RELIABILITY OF, ANY OF THE INFORMATION, CONTENT OR MATERIALS CONTAINED ON ANY THIRD PARTY WEBSITE. WE DO NOT MAKE ANY REPRESENTATIONS OR WARRANTIES AS TO THE SECURITY OF ANY INFORMATION, CONTENT OR MATERIALS YOU MIGHT BE REQUESTED TO GIVE TO ANY THIRD PARTY.
YOU HEREBY IRREVOCABLY WAIVE ANY CLAIM AGAINST US WITH RESPECT TO (A) INFORMATION, CONTENT AND MATERIALS CONTAINED OR PROVIDED THROUGH THE VALIDCLICK APPS SERVICES, (B) THIRD PARTY WEBSITES OR OFFERS PLACED THROUGH THE VALIDCLICK APPS SERVICES IN RESPECT TO ANY INFORMATION, CONTENT AND MATERIALS YOU PROVIDE TO SUCH THIRD PARTIES.
SOME JURISDICATIONS MAY NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES, SO SOME OR ALL OF THE ABOVE EXCLUSION MAY NOT APPLY TO YOU.
6. Limitation of Liability
IN NO EVENT SHALL WE OR ANY OF OUR DIRECTORS, OFFICERS, EMPLOYEES, AGENTS, CONTRACTORS, AFFILIATES, SUBSIDIARIES, SUCCESSORS OR ASSIGNS BE LIABLE TO YOU OR ANY OTHER PARTY FOR ANY CLAIM FOR DIRECT, INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE, OR CONSEQUENTIAL DAMAGES (INCLUDING BUT NOT LIMITED TO LOST PROFITS), OR FOR DAMAGE TO YOUR COMPUTER (INCLUDING BUT NOT LIMITED TO HARM RESULTING FROM DOWNLOADING OR ACCESSING INFORMATION OR MATERIAL ON THE INTERNET), OR FOR FAILURE TO STORE OR DELIVER, IN A TIMELY OR UNTIMELY MANNER, ANY INFORMATION OR MATERIAL DISPLAYED, OR ANY CLAIM IN CONTRACT OR TORT (WHETHER OR NOT ARISING IN WHOLE OR PART OUT OF OUR ACT, OMISSION, FAULT, NEGLIGENCE, STRICT LIABILITY, OR PRODUCT LIABILITY) ARISING OUT OF OR IN CONNECTION WITH VALIDCLICK APPS SERVICES, EVEN IF SUCH DAMAGES ARE FORESEEABLE OR WE HAVE BEEN ADVISED OF OR HAVE CONSTRUCTIVE KNOWLEDGE OF THE POSSIBILITY OF SUCH DAMAGES. YOU FURTHER ACKNOWLEDGE AND AGREE THAT NEITHER WE, NOR OUR CONTENT PROVIDERS, LICENSORS, LICENSEES, NOR ANY OF THE FOREGOING ENTITIES’ RESPECTIVE RESELLERS, DISTRIBUTORS, SERVICE PROVIDERS OR SUPPLIERS ARE RESPONSIBLE OR LIABLE FOR ANY INCOMPATIBILITY BETWEEN OUR VALIDCLICK APPS SERVICES AND ANY OTHER WEBSITE, BROWSER, SERVICE, SOFTWARE OR HARDWARE. THE LIMITATIONS, EXCLUSIONS AND DISCLAIMERS IN THIS SECTION AND ELSEWHERE IN THESE TERMS OF USE APPLY TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW. BECAUSE SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES, CERTAIN PARTS OF THE FOREGOING PARAGRAPH OF THIS SECTION MAY NOT APPLY TO YOU.
FURTHERMORE, IN NO EVENT SHALL WE OR ANY OF OUR DIRECTORS, OFFICERS, EMPLOYEES, AGENTS, CONTRACTORS, AFFILIATES, SUBSIDIARIES, SUCCESSORS OR ASSIGNS BE RESPONSIBLE OR LIABLE FOR THE CONTENT, COMPLETENESS, ACCURACY OR LEGALITY OF INFORMATION OR MATERIAL DISPLAYED IN CONNECTION WITH OR ARISING OUT OF OUR VALIDCLICK APPS SERVICES OR ANY CESSATION, INTERRUPTION OR DELAY IN THE PERFORMANCE OF OUR SITE FOR ANY REASON INCLUDING, WITHOUT LIMITATION, CAUSES BEYOND OUR REASONABLE CONTROL SUCH AS EARTHQUAKE, FLOOD, FIRE, STORM OR OTHER NATURAL DISASTER, ACT OF GOD, LABOR CONTROVERSY OR THREAT THEREOF, CIVIL DISTURBANCE OR COMMOTION, ACT OF TERRORISM, DISRUPTION OF THE PUBLIC MARKETS, WAR OR ARMED CONFLICT OR THE INABILITY TO OBTAIN SUFFICIENT MATERIAL, SUPPLIES, LABOR, TRANSPORTATION, POWER OR OTHER ESSENTIAL COMMODITY OR SERVICE REQUIRED IN THE CONDUCT OF BUSINESS INCLUDING INTERNET ACCESS, OR ANY CHANGE IN OR THE ADOPTION OF ANY LAW, ORDINANCE, RULE, REGULATION, ORDER, JUDGMENT OR DECREE. OUR TOTAL LIABILITY TO YOU FOR ANY DAMAGES, LOSSES AND CAUSES OF ACTION WHETHER IN CONTRACT, TORT (INCLUDING, BUT NOT LIMITED TO, NEGLIGENCE) OR OTHERWISE ARISING OUT OF OR CONNECTED TO OUR SITE SHALL IN NO EVENT EXCEED $100.
7. Indemnification
You hereby agree to indemnify, defend, and hold us, our content providers, licensors, licensees, distributors, agents, representatives and other authorized users, and each of the foregoing entities’ respective resellers, distributors, service providers and suppliers, and all of the foregoing entities’ respective officers, directors, owners, employees, agents, representatives, successors and assigns (collectively, the “indemnified parties”) harmless from and against any and all losses, damages, liabilities and costs (including, without limitation, settlement costs and any legal or other fees and expenses for investigating or defending any actions or threatened actions) incurred by the indemnified parties in connection with any claim arising out of any breach by you of these terms of use or claims arising directly or indirectly from your use of our ValidClick Apps Services.
We reserve the right, at our own expense, to employ separate counsel and assume the exclusive defense and control of any matter otherwise subject to indemnification by you and you hereby agree to cooperate with us in the defense of any such claim.
9. General Provisions
We reserve the right at any time to modify or discontinue, temporarily or permanently, the ValidClick Apps Services (or any part thereof) with or without notice. You agree that we shall not be liable to you or to any third party for any modification, suspension or discontinuance of the ValidClick Apps Service.
If any provision of these terms of use, for any reason, be declared void, illegal, invalid, or unenforceable in whole or in part, such provision will be severable from all other provisions herein and will not affect or impair the validity or enforceability of any other provision of these terms of use; provided, however, that a court having jurisdiction may revise such provision to the extent necessary to make such provision valid and enforceable.
The laws of the State of Arkansas, U.S.A. govern all matters arising out of these terms of use, without giving effect to any conflicts or choice of laws principles that would require the application of the laws of a different jurisdiction. Any dispute or claim arising out of or in relation to these terms of use, or the interpretation, making, performance, breach or termination thereof, will be finally settled by the courts of Faulkner County, Arkansas, U.S.A. and of any federal court located in the eastern district of Arkansas.
No waiver of any provision of these terms of use by us shall be deemed a further or continuing waiver of such provision or any other provision, and our failure to assert any right or provision under these terms of use shall not constitute a waiver of such right or provision. Any waiver of any provision of these terms of use will be effective only if in writing and signed by Inuvo.
We may immediately terminate these terms of use with respect to you (including your access to our ValidClick Apps Services, or any portion thereof) without cause and without notice to you in our sole discretion. Upon termination, you must cease use of our ValidClick Apps Services.
The provisions of these terms of use, which by their nature should survive the termination of these terms of use, shall so survive such termination.
These terms of use along with any other notices, policies, procedures, agreements, and terms and conditions on our site contain the entire understanding with respect to your use of our site and our relationship with you and such shall supersede all prior understandings and agreements, whether written or oral, and all prior dealings.
You agree that regardless of any statute or law to the contrary, any cause of action against us arising out of or related to our site must commence within one (1) year after the cause of action accrues or such cause of action shall be permanently barred.
9. Questions or Comments
If you have any questions or comments regarding these terms of use, the practices of our site, or your dealings with our site, you may contact us at the following address:
ValidClick, Inc. 500 President Clinton Ave., Suite 300, Little Rock, AR 72201