Effective Date: May 14, 2018
1. NOTICE TO EU RESIDENTS
The Site is intended to be used and accessed by US residents only, and is not meant to be used and accessed by EU residents. If you are an EU resident and you do not wish for CLIC’T LLC to collect your personal information, please do not use this Site.
2. INTELLECTUAL PROPERTY
All materials contained on, in, or available through the Site, including all information, data, text, sound, photographs, graphics, the selection and arrangement thereof, and all source code, software compilations, and other materials (“Materials”) are protected by copyright and other intellectual property laws and may not be copied or imitated in whole or in part by you, unless as explicitly stated under these Terms. All trademarks (including but not limited to BRWD REFRSHING ENERGY® and OWN YOUR MOMENT®) Are the sole and exclusive property of CLIC’T LLC. All other trademarks, service marks, trade dress and other intellectual property, including but not limited to copyrights, and all derivative works thereof associated with the Site, whether registered or not are our sole property or are the property of third parties and licensed to us. The Materials may also be protected as a collective work or compilation under U.S. copyright and other laws and treaties. You agree to abide by all applicable copyright and other laws. We do not convey, and you do not receive, any ownership rights in the Materials through your access to the Site.
You may only use this Site for your own personal, non-commercial informational or entertainment purposes. You may not copy, reproduce, reuse, retransmit, adapt, publish, frame, post, upload, modify, broadcast or distribute this Site or content accessible within this Site in any way, including for any public or commercial purpose whatsoever, without CLIC’T LLC’s prior written permission. You may not send any material to this Site that is unlawful, harmful (including any virus), threatening, libelous, defamatory, obscene, scandalous, inflammatory, pornographic, indecent or profane or that could constitute or encourage a violation of any law.
4. OWNERSHIP OF MATERIAL YOU SEND
You represent and warrant that: (i) you are at least eighteen (18) years old, (ii) you are accessing the Site from the US, (iii) you have the right, capacity and authority to be bound by these Terms, and (iv) you will abide by all these Terms.
6. DISCLAIMER OF WARRANTIES
YOU EXPRESSLY AGREE THAT USE OF THE SITE IS AT YOUR OWN RISK. THE SITE IS PROVIDED “AS IS” AND “AS AVAILABLE,” WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED. WITHOUT LIMITATION OF THE FOREGOING, WE SPECIFICALLY DISCLAIM, FOR THE AVOIDANCE OF DOUBT (ON OUR BEHALF, OUR SUBSIDIARIES, AND/OR OUR AFFILIATES) ANY AND ALL WARRANTIES, INCLUDING, BUT NOT LIMITED TO, ANY WARRANTIES: (i) CONCERNING THE AVAILABILITY, ACCURACY, RELIABILITY, SECURITY, TIMELINESS, QUALITY, USEFULNESS, INTEROPERABILITY OR CONTENT OF THE SITE; (ii) OF TITLE, WARRANTY OF NON-INFRINGEMENT, WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE REGARDING THE SITE. THIS DISCLAIMER OF LIABILITY APPLIES TO ANY DAMAGES OR INJURY CAUSED BY THE SITE, INCLUDING WITHOUT LIMITATION AS A RESULT OF ANY FAILURE OF PERFORMANCE, ERROR, OMISSION, INTERRUPTION, DELETION, DEFECT, DELAY IN OPERATION OR TRANSMISSION, COMPUTER VIRUS, COMMUNICATION LINE FAILURE, THEFT OR DESTRUCTION OR UNAUTHORIZED ACCESS TO, ALTERATION OF, OR USE OF RECORD, WHETHER FOR BREACH OF CONTRACT, TORT, NEGLIGENCE, OR UNDER ANY OTHER CAUSE OF ACTION. WE DO NOT WARRANT OR GUARANTEE THAT (1) ALL VERSIONS OF THE SITE SHALL BE PROVIDED WITH SIMILAR GRADES AND LEVELS OF SERVICE, FEATURES, FUNCTIONALITY AND THE ABILITY TO USE THE SERVICE, AND THAT (2) THE SITE WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE OR THAT DEFECTS IN THE SITE WILL BE CORRECTED. YOU ASSUME THE ENTIRE RISK AS TO THE RESULTS AND PERFORMANCE OF THE SITE.
7. LIMITATION OF LIABILITY
IN NO EVENT WILL CLIC’T LLC OR ITS OFFICERS, DIRECTORS, EMPLOYEES, PARENTS, AFFILIATES, SUCCESSORS OR ASSIGNS, BE LIABLE TO ANY PARTY (i) FOR ANY INDIRECT, DIRECT, SPECIAL, PUNITIVE, INCIDENTAL OR CONSEQUENTIAL DAMAGES (INCLUDING, BUT NOT LIMITED TO, DAMAGES FOR LOSS OF BUSINESS PROFITS, LOSS OF INFORMATION, LOSS OF DATA AND THE LIKE), OR ANY OTHER DAMAGES ARISING IN ANY WAY OUT OF THE AVAILABILITY, USE, RELIANCE ON, OR INABILITY TO USE THE SITE EVEN IF CLIC’T LLC HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, AND REGARDLESS OF THE FORM OF ACTION, WHETHER IN CONTRACT, TORT, OR OTHERWISE; OR (ii) FOR ANY CLAIM ATTRIBUTABLE TO ERRORS, OMISSIONS, OR OTHER INACCURACIES IN, OR DESTRUCTIVE PROPERTIES OF ANY OTHER SOFTWARE OR OTHER CONTENT INCLUDED AS PART OF THE SITE.
IN ADDITION, TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT WILL CLIC’T LLC BE LIABLE FOR ANY DAMAGES WHATSOEVER, WHETHER DIRECT, INDIRECT, GENERAL, SPECIAL, COMPENSATORY, AND/OR CONSEQUENTIAL, ARISING OUT OF OR RELATING TO THE CONDUCT OF ANYONE IN CONNECTION WITH THE USE OF THE SITE, INCLUDING ANY DAMAGES RESULTING FROM ANY PERSON’S RELIANCE ON INFORMATION OR OTHER CONTENT POSTED ON THE SITE OR FROM THE USE OF THE SITE.
By using this Site, you agree to indemnify, defend and hold harmless our related parties and us from all damages, costs and expenses, including reasonable attorneys’ fees, arising out of or related in any way to your use of the Site in violation of these Terms, violation of any law or regulation, or violation of any proprietary or privacy right. This indemnification shall survive any termination or suspension of your use of this Site.
Whenever possible, each provision of these Terms shall be interpreted in such manner as to be effective and valid under New York law, but if any provision of these Term is held to be prohibited by or invalid under New York law, such provision shall be ineffective only to the extent of such prohibition or invalidity, without invalidating the remainder of such provision or the remaining provisions of these Terms.
10. AMENDMENT TO TERMS
CLIC’T LLC may update or amend these Terms from time to time. Amendments shall be effective upon posting on the Site. You are responsible for regularly reviewing these Terms. Your continued access following such posting constitutes your consent to be bound by any amended Terms.
a. INFORMATION WE COLLECT
We collect both “Personal Information” and “Anonymous Information” about our users. Personal Information is information that can be used to contact or identify you, such as your full name, email address and phone number, as well as information that is linked to such information. “Anonymous Information” is information that cannot be used to contact or identify you and is not linked to information that can be used to do so.
You can access and browse certain portions of the Site without disclosing Personal Information, although, like most website providers, we passively collect certain information from your devices, such as your IP address, browser information, unique device identifier (“UDID”) and/or your mobile operating system.
We collect information that you provide to us during your use of the Site such as Personal Information that you submit to us when contacting us through the “Contact Us” section of the Site, including your full name, email address, and phone number. We also collect your communications with us, including your messages in the “Contact Us” section of the Site and your emails to us. We also use third party tracking services, such as Google Analytics, to track and analyze data from users of the Site. For more information regarding Google Analytics, please click here.
B. HOW WE USE YOUR INFORMATION
We may use your Personal Information to offer customer support; send you email communications about our products; send you promotional/marketing information, newsletters, offers or other information from us or on behalf of our affiliates or partners; improve the quality and safety of the Site; analyze, benchmark and conduct research on user data; and/or detect, prevent, or otherwise address fraud, security, technical issues and/or suspected or actual violation of the Terms.
c. HOW WE SHARE AND DISCLOSE YOUR INFORMATION
We may disclose information we have collected about you if required to do so by law (or if we, in our sole discretion, believe that disclosure is reasonable to comply with the law), pursuant to requests or orders from law enforcement, or to protect or defend our, or a third party’s, rights or property.
Aggregated Anonymous Information is the combination of your Anonymous Information with the Anonymous Information of other users (“Aggregated Anonymous Information”). Aggregated Anonymous Information does not allow you to be identified or contacted. We may share such Aggregated Anonymous Information with third parties, and, depending on the circumstances, we may or may not charge third parties for such information, or limit the third parties’ use of the same.
d. ONLINE TRACKING
At this time, the Site does not support Do-Not-Track signals.
e. YOUR CHOICES
By providing your Personal Information to us, you consent to receive certain communications from us. You may modify or opt out of receiving email messages sent for marketing purposes by following the unsubscribe instructions in such messages.
f. UPDATING AND/OR DELETING YOUR PERSONAL INFORMATION
You may submit a request to delete your Personal Information by contacting us directly at firstname.lastname@example.org. Be advised that when we delete any Personal Information, it will be deleted from our active database, but may remain in our archives. Note that if we have already disclosed some of your Personal Information to third parties, we cannot compel the deletion or modification of any such information by the parties to whom we have made those disclosures. Even after your Personal Information is deleted, we may maintain Anonymous Information from your Account (which, as a reminder, cannot be used to contact or identify you, and is not linked to information that can be used to do so) to use as part of Aggregated Anonymous Information for legitimate business purposes, including analyzing data metrics and conducting internal operations.
g. NOTE REGARDING THE USE OF THE SITE BY CHILDREN
The Site is not directed at or intended for anyone under 18 years of age. Additionally, in accordance with the Children’s Online Privacy Protection Act (“COPPA”), we do not knowingly collect or solicit Personal Information from individuals under 13 years of age and per the Terms, no one under age 13 may provide any Personal Information to us. If we later obtain actual knowledge that we have obtained Personal Information from an individual under 13 years of age, we will take steps to remove that individual’s Information from our systems. If you are the parent or guardian of a minor whom you believe has disclosed Personal Information to us, please contact us at email@example.com so that we may delete and remove such information from our systems.
h. SECURITY AND DATA RETENTION
We will retain your Personal Information only for as long as necessary to fulfill the purpose(s) for which it was collected and to comply with applicable laws. Your consent to such purpose remains valid after termination of our relationship with you.
i. CONSENT AND NOTIFICATION OF CHANGES
k. NOTICE TO CALIFORNIA RESIDENTS
We may share customer information with non-affiliated parties which may offer, market and advertise products and services directly to our customers. Under to California law, you may opt out of having your personal information shared with third parties at no charge by sending us an email at firstname.lastname@example.org which must include your request, including your name, phone number, and email address. You may also request any information concerning you previously disclosed by CLIC’T LLC by sending an email to email@example.com which must include the same information. Please note that CLIC’T LLC is not required to respond to such requests regarding disclosed information more than once in a calendar year, nor are we required to respond to any request which is not sent to the email address designated above.
12. JURISDICTION & GOVERNING LAW
These Terms shall be governed by, and interpreted and construed in accordance with, the laws of the State of New York, and where applicable, of the United States, without regard to principles of conflict of laws. By using this site, you are agreeing to personal jurisdiction in the State of New York. The Site is not intended to subject CLIC’T LLC, its officers, employees or affiliates to the laws or jurisdiction of any state, country or territory other than that of New York. CLIC’T LLC does not represent or warrant that the Site or any part thereof are appropriate or available for use in any jurisdiction other than the United States. If you are located outside of the United States, you are solely responsible for compliance with any applicable local laws. In the unlikely event of any controversy, claim or dispute arising out of or in any way related to these Terms, you submit to arbitration before a single arbitrator and in accordance with the then current Commercial Rules then obtained of the American Arbitration Association (“AAA”). The cost of arbitration shall be split equally between the parties. The decision of the arbitrator shall be final and binding upon the parties, and judgment upon the award may be entered or enforced in any Court having jurisdiction thereof. The location of any arbitration proceedings hereunder shall be New York, New York, USA and shall be at such reasonable location within said jurisdiction as shall be designated by CLIC’T LLC or its successor. All proceedings shall be kept strictly confidential by all involved.
13. ENTIRE AGREEMENT
These Terms constitute the entire agreement between you and us with respect to the use of the Site and supersede all prior discussions, communications, conversations and agreements concerning the subject matter hereof.
Our failure to exercise or enforce any right or provision of these Terms shall not constitute a waiver of such right or provision. NO ACTION, REGARDLESS OF FORM, WHICH ARISES FROM OR IS RELATED IN ANY WAY WHATSOEVER TO THESE TERMS, MAY BE COMMENCED BY YOU MORE THAN TWELVE (12) MONTHS AFTER SUCH CAUSE OF ACTION ACCRUES. All notices and other communications under the Terms must be in writing and will be deemed to have been duly given when actually received. You may provide notices to us via email to firstname.lastname@example.org. If you have any questions regarding these Terms or the Site, please contact us at email@example.com.
CLIC’T LLC welcomes your questions, comments, and concerns about these Terms and about privacy. Please send us any and all feedback pertaining to these, or any other issues to firstname.lastname@example.org.