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CLICKNWHISTLE.COM
TERMS OF USE
  1. Introduction. Please read this Web page carefully. It contains the Terms of Use governing your access to and use of www.clicknwhistle.com (hereinafter the “Website”). If you do not accept these Terms of Use or you do not meet or comply with its provisions, you may not use this Website. These Terms of Use are legally enforceable and binding agreement between you and CLICKNWHISTLE.COM, (hereinafter, “CLICKNWHISTLE.COM”) and shall be referred to as “Agreement”’ or “Terms of Use.”
  2. Use of Website. You agree to post in the appropriate category or area on the Website and will not do any of the following:
    1.  violate any laws or the CLICKNWHISTLE.COM policies;
    2. be false or misleading;
    3. infringe any third-party right;
    4. distribute or contain spam, chain letters, or pyramid schemes;
    5. distribute viruses or any other technologies that may harm CLICKNWHISTLE.COM or the interests or property of CLICKNWHISTLE.COM users;
    6. impose an unreasonable load on the infrastructure of CLICKNWHISTLE.COM or interfere with the proper working of CLICKNWHISTLE.COM;
    7. copy, modify, or distribute any other person's content;
    8. use any robot, spider, scraper or other automated means to access the Website and collect content for any purpose without our express written permission;
    9. harvest or otherwise collect information about others, including email addresses, without their instruction;
    10. bypass measures used to prevent or restrict access to the Website.
  3. Conduct. You agree not to post, email, or otherwise make available content:
    1. that is unlawful, harmful, threatening, abusive, harassing, defamatory, libelous, invasive of another's privacy, or is harmful to minors in any way;
    2. that is pornographic or depicts a human being engaged in actual sexual conduct including but not limited to (i) sexual intercourse, including genital-genital, oral-genital, anal-genital, or oral-anal, whether between persons of the same or opposite sex, or (ii) bestiality, or (iii) masturbation, or (iv) sadistic or masochistic abuse, or (v) lascivious exhibition of the genitals or pubic area of any person;
    3. that harasses, degrades, intimidates or is hateful toward an individual or group of individuals on the basis of religion, gender, sexual orientation, race, ethnicity, age, or disability;
    4. that violates the Fair Housing Act by stating, in any notice or ad for the sale or rental of any dwelling, a discriminatory preference based on race, color, national origin, religion, sex, familial status or handicap (or violates any state or local law prohibiting discrimination on the basis of these or other characteristics);
    5. that violates federal, state, or local equal employment opportunity laws, including but not limited to, stating in any advertisement for employment a preference or requirement based on race, color, religion, sex, national origin, age, or disability;
    6. with respect to employers who employ employees, that violates the anti-discrimination provision of the Immigration and Nationality Act, including requiring U.S. citizenship or lawful permanent residency (green card status) as a condition for employment, unless otherwise required in order to comply with law, regulation, executive order, or federal, state, or local government contract;
    7. that impersonates any person or entity, including, but not limited to, a CLICKNWHISTLE.COM employee, or falsely states or otherwise misrepresents your affiliation with a person or entity (this provision does not apply to content that constitutes lawful non-deceptive parody of public figures.);
    8. that includes personal or identifying information about another person without that person's explicit instruction;
    9. that is false, deceptive, misleading, deceitful, misinformative, or constitutes "bait and switch";
    10. that infringes any patent, trademark, trade secret, copyright or other proprietary rights of any party, or Content that you do not have a right to make available under any law or under contractual or fiduciary relationships;
    11. that constitutes or contains "affiliate marketing," "link referral code," "junk mail," "spam," "chain letters," "pyramid schemes," or unsolicited commercial advertisement;
    12. that constitutes or contains any form of advertising or solicitation if: posted in areas of the Website which are not designated for such purposes; or emailed to the Website users who have not indicated in writing that it is ok to contact them about other services, products or commercial interests;
    13. that includes links to commercial services or web sites, except as allowed in "services";
    14. that advertises any illegal service or the sale of any items the sale of which is prohibited or restricted by any applicable law, including without limitation items the sale of which is prohibited or regulated by federal, state and local law;
    15. that contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment;
    16. that disrupts the normal flow of dialogue with an excessive amount of content (flooding attack) to the Website, or that otherwise negatively affects other users' ability to use the Website; or
    17. that employs misleading email addresses, or forged headers or otherwise manipulated identifiers in order to disguise the origin of content transmitted through the Website;
      Additionally, you agree not to:
    18. contact anyone who has asked not to be contacted, or make unsolicited contact with anyone for any commercial purpose;
    19. "stalk" or otherwise harass anyone;
    20. collect personal data about other users for commercial or unlawful purposes;
    21. use automated means, including spiders, robots, crawlers, data mining tools, or the like to download data from the Website - unless expressly permitted by CLICKNWHISTLE.COM;
    22. post non-local unless permitted or otherwise irrelevant content, repeatedly post the same or similar content or otherwise impose an unreasonable or disproportionately large load on our infrastructure;
    23. post the same item or service in more than one classified category or forum;
    24. attempt to gain unauthorized access to CLICKNWHISTLE.COM's computer systems or engage in any activity that disrupts, diminishes the quality of, interferes with the performance of, or impairs the functionality of, the Website;
    25. use any form of automated device or computer program that enables the submission of postings on the Website without each posting being manually entered by the author thereof (an "automated posting device"), including without limitation, the use of any such automated posting device to submit postings in bulk, or for automatic submission of postings at regular intervals;
    26. engage in any activity in connection with the Website which violates Unlawful Internet Gambling Enforcement Act of 2006, as amended or any other federal, state or local law in connection with gambling.
  4. Abusing the Website. Please send us an email at report@clicknwhistle.com to tell us about any problems or offensive content so that together we can keep the Website working properly. We may limit or terminate our service, remove hosted content and/or take technical and legal steps to keep users off the Website if we think that they are creating problems or acting inconsistently with the letter or spirit of our policies. However, whether we decide to take any of these steps, remove hosted content or keep a user off Website or not, we do not accept any liability for monitoring the Website or for unauthorized or unlawful content on the Website or use of the Website by users.
  5. Global Marketplace. Some of the Website’s features may display your advertisement on other websites which may or may not be operated by CLICKNWHISTLE.COM. By using this Website you agree that your advertisements can be displayed on other websites. The terms of use for our other sites may or may not be similar to these Terms of Use and you may be subject to additional laws or other restrictions in the countries where your advertisement is posted. When you choose to post your advertisement to another site, you may be responsible for ensuring that it does not violate our other site policies. We may remove your advertisement if it is flagged on any of our sites, or if we believe it causes problems or violates any law or policy.
  6. Limitations on Website Services. You acknowledge that CLICKNWHISTLE.COM may establish limits concerning use of the service, including the maximum number of days that content will be retained by the Website, the maximum number and size of postings, email messages, or other content that may be transmitted or stored by the Website, and the frequency with which you may access the Website. You agree that CLICKNWHISTLE.COM has no responsibility or liability for the deletion or failure to store any content maintained or transmitted by the Website. You acknowledge that CLICKNWHISTLE.COM reserves the right at any time to modify or discontinue the Website (or any part thereof) with or without notice, and that CLICKNWHISTLE.COM shall not be liable to you or to any third party for any modification, suspension or discontinuance of the Website.
  7. Posting Agents. A "Posting Agent" is a third-party agent, service, or intermediary that offers to post content on the Website on behalf of others. To moderate demands on the Website's resources, you may not use a Posting Agent to post any content on the Website without express permission or license from CLICKNWHISTLE.COM. Correspondingly, Posting Agents are not permitted to post content on behalf of others, to cause content to be so posted, or otherwise access the Website to facilitate posting content on behalf of others, except with express permission or license from CLICKNWHISTLE.COM.
  8. No Spam Policy. You understand and agree that sending unsolicited email advertisements to CLICKNWHISTLE.COM email addresses or through CLICKNWHISTLE.COM computer systems, which is expressly prohibited by this Agreement, will use or cause to be used servers located in Florida, U.S.A. Any unauthorized use of CLICKNWHISTLE.COM computer systems is a violation of this Agreement and certain federal and state laws, including without limitation the Computer Fraud and Abuse Act (18 U.S.C. § 1030 et seq.). Such violations may subject the sender and his or her agents to civil and criminal penalties. This section shall survive the termination of this Agreement.
  9. Payments and Services. Using the Website is mainly free. CLICKNWHISTLE.COM may require a payment for certain services. If the service you use requires a payment, you will be able to review and accept that charge. Our fees and/or costs are quoted in U.S. Dollars, and we may change them from time to time. We will notify you of changes to our payment policy by posting such changes on the Website. We may choose to temporarily change our payment policy for promotional events or for new services; these changes are effective when we announce the promotional event or new service.
    Any and all payments are non-refundable, and you are responsible for paying them when they are due. If you don't, we may limit your ability to use the services on the Website. If your payment method fails or your account is past due, we may collect fees owed using other collection mechanisms. You expressly agree that no payment shall be refundable if the Website is not operational for any reason whatsoever or if CLICKNWHISTLE.COM modifies or discontinues the operation of the Website pursuant to provision 6 of these Terms of Use. You hereby agree that all payments made with credit cards shall be non-refundable. In the event you post any content, which violates or is inconsistent with the provisions of these Terms of Use then such content may be removed by CLICKNWHISTLE.COM without any prior notice to you and any payments made to CLICKNWHISTLE.COM in connection with such content shall be non-refundable. In the event you post any content on the Website in a category or section which in the discretion of CLICKNWHISTLE.COM should be posted in another category or section on the Website, then such reclassification of your content by CLICKNWHISTLE.COM to a different category or section on the Website shall not trigger any refund of payments made to CLICKNWHISTLE.COM and all payments shall be non-refundable.
  10. Chargeback Policy. Chargebacks on credit cards for services provided will be defended if, in the reasonable opinion of CLICKNWHISTLE.COM, the chargeback is not justified. You acknowledge and specifically agree that chargebacks are unlawful if CLICKNWHISTLE.COM services have been rendered. CLICKNWHISTLE.COM will use these Terms of Use to dispute your chargeback with your bank and our processing company. If a customer has a billing dispute with CLICKNWHISTLE.COM, the customer must settle such dispute with CLICKNWHISTLE.COM directly without initiating any chargeback procedures. Any chargeback will evoke an automatic U.S. $40.00 administration fee, without exception. In addition to legal fees, any customer initiating a chargeback will be liable for the following charges via a collection agency including original value of service rendered: chargeback fee of $25.00, recovery fee of $30.00 and administrative fee of $40.00. Your use of any services provided by CLICKNWHISTLE.COM indicates your acceptance to pay the costs listed above. In the event of a Chargeback being raised, or an outstanding debt at termination, CLICKNWHISTLE.COM may, at its sole discretion, provide all relevant information to a third party for the purposes of recovering the debt, or for the pursuit of civil or criminal proceedings. Information provided will include personally identifiable information, including, but not limited to, Name, Address, IP Address, Credit Card information, Date of Birth, Social Security Number, Domain Names, advertisements placed, services used, last usage data. CLICKNWHISTLE.COM may also include any additional information found from, or provided by, other sources. Please note that a collection agency action may negatively impact your credit.
  11. Website Content. The Website contains content from CLICKNWHISTLE.COM, you, and other users. You agree not to copy, modify, or distribute any content whatsoever from the Website, including all our copyrights or trademarks. When you give us content, you are granting us a non-exclusive, worldwide, perpetual, irrevocable, royalty-free, sub-licensable right to exercise the copyright, publicity, and database rights to that content. If you believe that your rights have been violated, please notify CLICKNWHISTLE.COM at report@clicknwhistle.com and we will investigate the matter. We reserve the right to remove content where we have grounds for suspecting the violation of these Terms of Use or of any party's rights.
  12. Messages Transmitted Through Facsimile. Notwithstanding any other provision of these Terms of Use, if you provide your facsimile number for public distribution or for any other purpose to CLICKNWHISTLE.COM then you agree to receive unsolicited facsimile advertisement or promotional message from CLICKNWHISTLE.COM, its agents, affiliates, and affiliated third parties. You acknowledge and agree that in accordance with the Telephone Consumer Protection Act, 47 U.S.C. § 227 and Federal Communications Commission rules you have an “established business relationship” with CLICKNWHISTLE.COM and have voluntarily agreed to receive “unsolicited advertisement” from CLICKNWHISTLE.COM, its agents, affiliates, and affiliated third parties. If you want to opt out then you must contact us at report@clicknwhistle.com and identify your facsimile number(s) so that CLICKNWHISTLE.COM, its agents, affiliates, and affiliated third parties can stop sending facsimile messages to you. You agree and acknowledge that it may take up to 30 days from the date CLICKNWHISTLE.COM receives your request for CLICKNWHISTLE.COM, its agents, affiliates, and affiliated third parties to comply with your request.
  13. Content of Your Messages. You are responsible for the contents of your messages and the consequences of any such messages. You agree that you will not use CLICKNWHISTLE.COM for chain letters, junk mail, "spamming", solicitations (commercial or noncommercial) or any use of distribution lists to any person who has not given specific permission to be included in such a process. You further agree not to use CLICKNWHISTLE.COM to send any messages or material that are unlawful, harassing, libelous, abusive, threatening, harmful, vulgar, obscene or otherwise constitute a criminal offense, give rise to civil liability or otherwise objectionable material of any kind or nature or that encourages conduct that could constitute a criminal offense, give rise to civil liability or otherwise violate any applicable local, state, national or international law or regulation. CLICKNWHISTLE.COM reserves the right to terminate your account if it becomes aware and determines, in its sole discretion, that you are violating any of the foregoing guidelines. By posting messages, uploading files, inputting data, submitting any feedback or suggestions, or engaging in any other form of communication with or through Website, you warrant and represent that you own or otherwise control the rights necessary to do so and to grant CLICKNWHISTLE.COM the licenses set forth below. You hereby grant CLICKNWHISTLE.COM and its affiliated companies permission to:
    1. Use, modify, copy, distribute, transmit, publicly display, publicly perform, reproduce, publish, sub-license, create derivative works from, transfer, or sell any such communication.
    2. Sub-license to third parties the unrestricted right to exercise any of the foregoing rights granted with respect to the communication.
    3. Publish your name in connection with any such communication.
      The foregoing grants shall include the right to exploit any intellectual property or proprietary rights in such communication, including but not limited to rights under copyright, trademark, service mark, or patent laws under any relevant jurisdiction. No compensation will be paid or due you with respect to CLICKNWHISTLE.COM or its sub- licensee's use of the materials contained within such communication. CLICKNWHISTLE.COM is under no obligation to post or use any materials you may provide, and may remove such materials at any time in CLICKNWHISTLE.COM's sole discretion.
  14. Account and Password. You are responsible for maintaining the confidentiality of your account name and password. You are solely responsible for all uses of your account, whether or not authorized by you. You agree to immediately notify CLICKNWHISTLE.COM of any unauthorized use of your account.
  15. Reporting Intellectual Property Infringements. Do not post content that infringes the rights of third parties. This includes, but is not limited to, content that infringes on intellectual property rights such as copyright and trademark such as offering counterfeit items for sale. CLICKNWHISTLE.COM reserve the right to remove content where we have grounds for suspecting the violation of these Terms of Use, our policies or of any party's rights. If you have a good faith belief that a listing on the Website infringes your copyright, trademark, or other intellectual property rights, then you must immediately contact CLICKNWHISTLE.COM in writing with all supporting documents and details regarding such infringement. No request or complaint regarding any infringement of intellectual property shall be considered by CLICKNWHISTLE.COM unless proper documentation evidencing ownership of intellectual property are provided to CLICKNWHISTLE.COM at report@clicknwhistle.com. You must a) clearly identify the material on the Website that you claim is infringing so that we may locate it on the Website; b) provide a statement by you that you have a good faith belief that the disputed use is not authorized by the intellectual property owner, its agent, or the law; c) provide a statement declaring under penalty of perjury that (1) the above information in your notice is accurate, and (2) that you are the owner of the intellectual property interest involved or that you are authorized to act on behalf of that owner; d) provide your address, telephone number, and email address; and e) your physical or electronic signature. CLICKNWHISTLE.COM will remove the infringing posting(s), subject to the the procedures outlined in the Digital Millenium Copyright Act. This section shall survive the termination of this Agreement.
  16. Liability. You agree not to hold CLICKNWHISTLE.COM responsible for things other users post or do. As most of the content on the Website comes from other users, we do not guarantee the accuracy of postings or user communications or the quality, safety, or legality of what's offered. We also cannot guarantee continuous or secure access to our services. Accordingly, to the extent legally permitted we expressly disclaim all warranties, representations and conditions, express or implied, including those of quality, merchantability, merchantable quality, durability, fitness for a particular purpose and those arising by statute. We are not liable for any loss, whether of money (including profit), goodwill, or reputation, or any special, indirect, or consequential damages arising out of your use of the Website, even if you advise us or we could reasonably foresee the possibility of any such damage occurring. Some jurisdictions do not allow the disclaimer of warranties or exclusion of damages, so such disclaimers and exclusions may not apply to you. Notwithstanding the foregoing, if for any reason CLICKNWHISTLE.COM is found to be liable, our liability to you or any third party (whether in contract, tort, negligence, strict liability in tort, by statute or otherwise) is limited to the greater of (a) the total fees you pay to us in the 12 months prior to the action giving rise to liability, or (b) 100 U.S. Dollars. This section shall survive the termination of this Agreement.
  17. Disclaimer of Warranties. YOU AGREE THAT USE OF THIS WEBSITE ENTIRELY AT YOUR OWN RISK. THIS WEBSITE AND ALL SERVICES OF CLICKNWHISTLE.COM ARE PROVIDED ON AN "AS IS" OR "AS AVAILABLE" BASIS, WITHOUT ANY WARRANTIES OF ANY KIND. ALL EXPRESS AND IMPLIED WARRANTIES, INCLUDING, WITHOUT LIMITATION, THE WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT OF PROPRIETARY RIGHTS ARE EXPRESSLY DISCLAIMED TO THE FULLEST EXTENT PERMITTED BY LAW. TO THE FULLEST EXTENT PERMITTED BY LAW, CLICKNWHISTLE.COM DISCLAIMS ANY WARRANTIES FOR THE SECURITY, RELIABILITY, TIMELINESS, ACCURACY, AND PERFORMANCE OF THE WEBSITE. TO THE FULLEST EXTENT PERMITTED BY LAW, CLICKNWHISTLE.COM DISCLAIMS ANY WARRANTIES FOR OTHER SERVICES OR GOODS RECEIVED THROUGH OR ADVERTISED ON THE WEBSITE OR THE SITES OR SERVICE, OR ACCESSED THROUGH ANY LINKS ON THE WEBSITE. TO THE FULLEST EXTENT PERMITTED BY LAW, CLICKNWHISTLE.COM DISCLAIMS ANY WARRANTIES FOR VIRUSES OR OTHER HARMFUL COMPONENTS IN CONNECTION WITH THE WEBSITE. Some jurisdictions do not allow the disclaimer of implied warranties. In such jurisdictions, some of the foregoing disclaimers may not apply to you insofar as they relate to implied warranties. This section shall survive the termination of this Agreement.
  18. Indemnity. You agree to indemnify and hold CLICKNWHISTLE.COM, its officers, subsidiaries, affiliates, successors, assigns, managers, members, agents, service providers, suppliers and employees, harmless from any claim or demand, including reasonable attorney fees and court costs, made by any third party due to or arising out of content you submit, post or make available through the Website, your use of the Website, your violation of this Agreement, your breach of any of the representations and warranties herein, or your violation of any rights of another. This section shall survive the termination of this Agreement.
  19. Release. CLICKNWHISTLE.COM is not involved in the actual transaction between the parties. As a result, CLICKNWHISTLE.COM has no control over the quality, safety or legality of the goods, services or transaction. CLICKNWHISTLE.COM has no control over payments made by the consumer to the seller. We cannot ensure that a transaction will actually be completed. CLICKNWHISTLE.COM cannot and does not confirm each user's purported identity. Any agreements are solely between the consumer and the seller. In the event that you have a dispute with one or more users, you release CLICKNWHISTLE.COM (and our managers, members, officers, directors, agents, subsidiaries and employees) from claims, demands and damages (actual and consequential) of every kind and nature, known and unknown, suspected and unsuspected, disclosed and undisclosed, arising out of or in any way connected with such disputes. If you are unsure about your purchase or sale, you are advised to seek the advice of competent legal counsel before you sign a contract or otherwise finalize the transaction.
  20. Termination of your use of the Website. You agree that CLICKNWHISTLE.COM, in its sole discretion, has the right (but not the obligation) to delete or deactivate your account, block your email or IP address, or otherwise terminate your access to or use of the Website (or any part thereof), immediately and without notice, and remove and discard any content within the Website, for any reason, including, without limitation, if CLICKNWHISTLE.COM believes that you have acted inconsistently with the letter or spirit of this Agreement. Further, you agree that CLICKNWHISTLE.COM shall not be liable to you or any third-party for any termination of your access to the Website. Further, you agree not to attempt to use the Website after said termination.
  21. Privacy Policy. By using CLICKNWHISTLE.COM, you agree to the collection, transfer, storage and use of your personal information by CLICKNWHISTLE.COM on servers located in the United States or outside the United States. CLICKNWHISTLE.COM has established a Privacy Policy to explain to users how their information is collected and used by CLICKNWHISTLE.COM or its affiliates. Your use of the Website or any service in connection with the Website signifies acknowledgement of and agreement to our Privacy Policy. You further acknowledge and agree that CLICKNWHISTLE.COM may, in its sole discretion, preserve or disclose your content, as well as your information, such as email addresses, IP addresses, time stamps, and other user information, if required to do so by law or in the good faith belief that such preservation or disclosure is reasonably necessary in accordance with Privacy Policy to: comply with legal process; enforce this Agreement; respond to claims that any content violates the rights of third-parties; respond to claims that contact information (e.g. phone number, street address) of a third-party has been posted or transmitted without their instruction or as a form of harassment; protect the rights, property, or personal safety of CLICKNWHISTLE.COM, its users or the general public. CLICKNWHISTLE.COM may use your content, as well as your information, such as email addresses, IP addresses, time stamps, and other user information for any legal purpose without any restrictions, unless you have advised CLICKNWHISTLE.COM not to use such information in writing.
  22. General. These Terms of Use and the other policies posted on the Website constitute the entire agreement between CLICKNWHISTLE.COM and you, superseding any prior agreements. This Agreement is governed by the laws of the State of Florida. Should a lawsuit be necessary to enforce this Agreement CLICKNWHISTLE.COM and you agree that jurisdiction and venue are waived and suit shall be brought in Miami-Dade County, Florida, U.S.A. If we don't enforce any particular provision, we are not waiving our right to do so later. If any provision of this Agreement is held invalid, unenforceable, or void by a court of competent jurisdiction, then this Agreement shall be considered divisible as to such provision, and the remainder of the Agreement shall be valid and binding as though such provision were not included in this Agreement. We may send notices to you through the email address you provide, or by certified mail. Notices sent by certified mail will be deemed received five days following the date of mailing. We may update this Agreement at any time, with updates taking effect when you next use the Website or after 30 days, whichever is sooner. No other amendment to this Agreement will be effective unless posted at CLICKNWHISTLE.COM. Headings are for reference purposes only and in no way define, limit, construe or describe the scope or extent of such action.
  23. Force Majeure. If by reason of failures of telecommunications or internet service providers, labor disputes, riots, inability to obtain labor or materials, earthquake, fire or other action of the elements, accidents, governmental restrictions or other causes beyond the control of CLICKNWHISTLE.COM, CLICKNWHISTLE.COM is unable to perform in whole or in part its obligations as set forth in this Agreement, then CLICKNWHISTLE.COM shall be relieved of those obligations to the extent it is so unable to perform and such inability to perform shall not make CLICKNWHISTLE.COM liable to you.
  24. Relationship of the Parties. Nothing contained in this Agreement shall be construed as creating any agency, legal representative, partnership, or other form of joint enterprise between the parties. Neither party shall have authority to contract for or bind the other in any manner whatsoever.
  25. Questions or Feedback. Please send questions, comments or complaints to report@clicknwhistle.com.

These Terms of Use were last revised on May 25, 2010.

At ClickNWhistle, all postings, messages, text, files, images, photos, video, sounds or other content posted on or transmitted through or linked from ClickNWhistle, are the sole responsibility of the persons from whom the content originated. ClickNWhistle is not and should not be treated as the publisher or speaker of any content provided by another.

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