Help You minimize Your potential liability to users of Your website by defining your relationship with them.
Protect the intellectual property included on or accessed through Your website.
Set out rules for use of Your website.
Last Modified: [DATE]
Accessing the Services and Account Security
[Note: To minimize the risk of being subject to the Children’s Online Privacy Protection Act of 1998, You should include a requirement that users be at least 13 years of age or older. Ideally, You should require users to be old enough to form a valid contract, which is usually 18 years of age.]
We reserve the right to modify or terminate the Services, including but not limited to any material we provide on the Website, in our sole discretion without notice. Neither Company nor ClickBank will be liable if all or any part of the Website is unavailable at any time or for any period.
To access the Services or some of the resources offered, you may be asked to provide certain registration details or other information. It is a condition of your use of the Services that all the information you provide on the Website is correct, current and complete.
If you choose, or you are provided with, a user name, password or any other piece of information as part of our security procedures, you must treat such information as confidential, and you must not disclose it to any third party. You agree to immediately notify the Company of any unauthorized use of your user name or password or any other breach of security. You also agree to ensure that you exit from your account at the end of each session. You should use particular caution when accessing your account from a public or shared computer so that others are not able to view or record your password or other personal information.
Intellectual Property Rights
The Services (including but not limited to all Website information, software, text, displays, images, video and audio, and the design, selection and arrangement thereof), are owned by the Company, its licensors or other providers of such material and are protected by United States and international copyright, trademark, patent, trade secret and other intellectual property or proprietary rights laws.
You are permitted to use the Services for your personal, non-commercial use only [or legitimate business purposes related to your role as a current or prospective customer, supplier or distributor of the Company]. You must not copy, modify, create derivative works of, publicly display, publicly perform, republish, download, store or transmit any of the material on our Website, including material sold on or through the Website, except to:
Store copies of such materials temporarily in RAM.
Store files that are automatically cached by your browser for display enhancement purposes.
Print a reasonable number of pages of the Website for a permitted use.
You must not:
Modify copies of any materials available on or through the Website, whether or not you purchase such materials.
[Use any illustrations, photographs, video or audio sequences or any graphics separately from the accompanying text.]
Delete or alter any copyright, trademark or other proprietary rights notices from copies of materials available on or through the Website.
Reproduce, sell or exploit for any commercial purposes any part of the Services or materials obtained through the website.
[If you wish to make any use of material on the Website other than that set out in this section, please address your request to: [E-MAIL ADDRESS].]
[Note: This section puts users on notice that certain names or logos appearing on Your website are proprietary.]
The Company name, the terms [LIST TRADEMARKS], [the Company logo/ClickBank logo, CLICKBANK] and all related names, logos, product and service names, designs and slogans are trademarks of the Company, ClickBank or their affiliates or licensors. You must not use such marks without the prior written permission of the Company. All other names, brands and marks are used for identification purposes only and are the trademarks of their respective owners.
[Note: This section contains a list of uses of Your website which are expressly prohibited. The list of restricted uses should be expanded or narrowed as applicable based on the nature of Your website.]
In any way that violates any applicable federal, state, local and international law or regulation (including, without limitation, any laws regarding the export of data or software to and from the United States or other countries).
To impersonate or attempt to impersonate any other person or entity (including, without limitation, the use of e-mail addresses associated with the foregoing).
To engage in any other conduct that restricts or inhibits anyone's use or enjoyment of the Services, or which, as determined by us, may harm the Company or users of the Services or expose them to liability.
Additionally, you agree not to:
Use the Services in any manner that could disable, overburden, damage, or impair the site or interfere with any other party's use of the Services, including their ability to engage in real time activities through the Services.
Use any robot, spider or other automatic device, process or means to access the Services for any purpose, including to monitor or copy any of the material on the Website.
Use any manual process to monitor or copy any of the material on the Website or for any other unauthorized purpose without our prior written consent.
Use any device, software or routine that interferes with the proper working of the Services.
Introduce any viruses, trojan horses, worms, logic bombs or other material which is malicious or technologically harmful.
Attempt to gain unauthorized access to, interfere with, damage or disrupt any part of the Services.
Attack the Services via a denial-of-service attack or a distributed denial-of-service attack.
Otherwise attempt to interfere with the proper working of the Services.
Monitoring, Enforcement, and Termination
[Note: This section puts users on notice that You reserve the right to take necessary legal action against users and sets out the circumstances under which You can terminate users’ access to Your website.]
YOU WAIVE AND HOLD HARMLESS THE COMPANY AND CLICKBANK FROM ANY CLAIMS RESULTING FROM ANY ACTION TAKEN BY THE COMPANY DURING OR AS A RESULT OF ITS INVESTIGATIONS AND FROM ANY ACTIONS TAKEN AS A CONSEQUENCE OF INVESTIGATIONS BY THE COMPANY, CLICKBANK OR GOVERNMENTAL AUTHORITIES.
Reliance on Posted Information
[Note: Many websites provide advice and information to users on specialized topics. Even if You give it for free, in some circumstances, You may have liability for providing advice. If You provide advice, You should attempt to reduce Your risk of liability by including appropriate disclaimers or statements designed to limit the expectations of Your users.]
The information presented on the Website or otherwise provided through the Services is made available solely for general information purposes. We do not warrant the accuracy, completeness or usefulness of this information. Any reliance you place on such information is strictly at your own risk. We disclaim all liability and responsibility arising from any reliance placed on such materials by you or any other user of the Services, or by anyone who may be informed of any of contents of the Services.
Changes to the Services
[Note: This section helps to prevent users from arguing that You have agreed to provide certain content.]
We may update the Services from time to time, but the Website content and content otherwise provided through the Services is not necessarily complete or up-to-date. Any of the material on the Website or otherwise provided through the Services may be out of date at any given time, and we are under no obligation to update such material. We may change the Services at any time with or without notice. We may suspend access to the Website, or terminate it indefinitely.
Information About You
E-mail, User Submissions, and Security
E-mails and other communications and submissions via the Internet may not be secure. Please consider this fact before sending any personal or confidential information over the Internet by any means. You acknowledge and agree that any information or materials obtained from or through the Website are not guaranteed to be free from computer viruses or other harmful defects.
[Note: Any sale of goods or services through Your website should be governed by an additional contract between You and the customer. This section is intended to make the user of Your website aware that any purchases made through Your website are governed by the website’s terms of sale, and this section should include a link to such terms.]
All purchases through the Website or other transactions for the sale of [goods] [or] [services] [or] [information] formed through the Services or as a result of visits made by you are governed by our Terms of Sale [INSERT LINK].
Linking to the Website
[Note: You do not want links to be set up from websites containing illegal or commercially undesirable content, or that imply that the content of a linked-to webpage has been published by another website. This provisions seeks to rebut any assumption that an implied license for such practices may have been granted.]
You may link to the homepage of the Website, provided you do so in a way that is fair and legal and does not damage our reputation or take advantage of it, but you must not establish a link in such a way as to suggest any form of association, approval or endorsement on our part where none exists. You must not establish a link from any website that is not owned by you. The Website must not be framed on any other website, nor may you create a link to any part of the Website other than the homepage.
You agree to cooperate with us in causing any unauthorized framing or linking immediately to cease. We reserve the right to withdraw linking permission without notice.
Links from the Website
[Note: This section aims to reduce the possibility You will be found responsible for the accuracy of information contained on a third party’s website or any products or services obtained through a third party’s website, if You provide a link from Your website to a third party’s website.]
If the Website contains links to other websites and resources provided by third parties, these links are provided for your convenience only. This includes links contained in advertisements, including banner advertisements and sponsored links. We have no control over the contents of those websites or resources, and accept no responsibility for them or for any loss or damage that may arise from your use of them. If you decide to access any of the third party websites linked to this Website, you do so entirely at your own risk and subject to the terms and conditions of use and other policies for such websites.
[Note: This section puts users on notice that Your website is intended only for users located in the United States.]
The Website is owned and operated in the United States and is provided for use only by persons located in the United States. We make no claims that the Website or any of its content is accessible or appropriate outside of the United States. Access to the Website may not be legal by certain persons or in certain countries. If you access the Website from outside the United States, you do so on your own initiative and are responsible for compliance with local laws.
YOU ASSUME ALL RISK AND RESPONSIBILITY FOR YOUR DECISION TO USE THE SERVICES. THE SERVICES AND ALL RELATED SERVICES ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS WITHOUT WARRANTIES OF ANY KIND. NEITHER THE COMPANY, CLICKBANK, NOR ANY PERSON ASSOCIATED WITH THE COMPANY OR CLICKBANK MAKES ANY WARRANTY OR REPRESENTATION WITH RESPECT TO THE COMPLETENESS, SECURITY, RELIABILITY, QUALITY, ACCURACY OR AVAILABILITY OF THE SERVICES. WITHOUT LIMITING THE FOREGOING, NEITHER THE COMPANY, CLICKBANK, NOR ANYONE ASSOCIATED WITH THE COMPANY OR CLICKBANK REPRESENTS OR WARRANTS THAT THE SERVICES WILL BE ACCURATE, RELIABLE, ERROR-FREE OR UNINTERRUPTED, THAT DEFECTS WILL BE CORRECTED, THAT THE SERVICES ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS OR THAT THE SERVICES WILL OTHERWISE MEET YOUR NEEDS OR EXPECTATIONS.
THE COMPANY AND CLICKBANK HEREBY DISCLAIM ALL WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, STATUTORY OR OTHERWISE, INCLUDING, WITHOUT LIMITATION, ANY WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT.
Limitation of Liability
THE LIMITATION OF LIABILITY HEREIN IS A FUNDAMENTAL ELEMENT OF THE BASIS OF THE BARGAIN AND REFLECTS A FAIR ALLOCATION OF RISK. THE SERVICES WOULD NOT BE PROVIDED WITHOUT SUCH LIMITATIONS AND YOU AGREE THAT THE LIMITATIONS OF LIABILITY AND DISCLAIMERS SPECIFIED HEREIN WILL SURVIVE AND APPLY EVEN IF FOUND TO HAVE FAILED OF THEIR ESSENTIAL PURPOSE. BECAUSE SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF CERTAIN CATEGORIES OF DAMAGES, IN SUCH JURISDICTIONS, YOU AGREE THAT THE LIABILITY OF THE COMPANY AND CLICKBANK SHALL BE LIMITED TO THE FULLEST EXTENT PERMITTED BY SUCH JURISDICTION.
To the fullest extent permitted by law, you agree that in the event a third party makes any demand or complaint, or commences any action or files any claim whatsoever ("Claim") in connection with your use of the Services, you shall defend, indemnify and hold harmless the ClickBank Parties, from and against any and all damages, liabilities, claims or costs (including the costs of investigation, defense, reasonable attorneys' fees and costs) ("Losses") incurred by any ClickBank Party as a result of such Claim, regardless of whether such Losses are direct, incidental, consequential, punitive or statutory.
Upon receiving notice of a Claim for which the Company and/or ClickBank is entitled to indemnification by you, the Company and/or ClickBank shall provide you with written notification and the opportunity to assume control over the defense or settlement of the Claim and reasonable assistance to settle and/or defend the Claim at your sole expense; provided, however, that (a) any settlement which would impose a non-monetary obligation on and/or admission or finding of liability or wrongdoing by the Company and/or ClickBank will require the prior written consent of the Company and/or ClickBank; (b) the failure to provide timely notice, control, or assistance shall not relieve you of your indemnification obligations; and (c) the Company and/or ClickBank may have their own counsel present at and participating in all proceedings or negotiations relating to a Claim, at their own expense, unless you fail or refuse to secure legal counsel to defend any Claim in a timely manner, in which case you shall pay all expenses related to the Company's and/or ClickBank's use of such counsel.
Governing Law, Dispute Resolution, and Attorneys’ Fees
Waiver and Severability
How to Contact Us
YOUR USE OF AND RELIANCE ON ANY INFORMATION IN THIS GUIDE IS AT YOUR OWN RISK. CLICKBANK DISCLAIMS ALL LIABILITY AND RESPONSIBILITY ARISING FROM YOUR RELIANCE ON THE INFORMATION CONTAINED IN THIS GUIDE.