Last Updated — 1 February 2016
- There are no prior versions of the Terms of Service at this time.
PLEASE CAREFULLY REVIEW THESE TERMS AND CONDITIONS OF USE BEFORE USING THIS KLIQS.COM LLC PROPERTY: STARTUP.DIGITAL.
USING THIS KLIQS.COM LLC PROPERTY, STARTUP.DIGITAL, CREATES A BINDING AGREEMENT TO COMPLY WITH THESE TERMS AND CONDITIONS OF USE.
PLEASE READ THESE TERMS CAREFULLY BEFORE ACCESSING OR USING THE SERVICES. In this Agreement, the words "including" and "include" mean "including, but not limited to."
Your access and use of the Services constitutes your agreement to be bound by these Terms, which establishes a contractual relationship between you and KLIQS.COM LLC/STARTUP.DIGITAL.
If you do not agree to these Terms, you may not access or use the Services. These Terms expressly supersede prior agreements or arrangements with you. KLIQS.COM LLC/STARTUP.DIGITAL may immediately terminate these Terms or any Services with respect to you, or generally cease offering or deny access to the Services or any portion thereof, at any time for any reason.
Supplemental terms may apply to certain Services, such as policies for a particular event, activity or promotion, and such supplemental terms will be disclosed to you in connection with the applicable Services. Supplemental terms are in addition to, and shall be deemed a part of, the Terms for the purposes of the applicable Services. Supplemental terms shall prevail over these Terms in the event of a conflict with respect to the applicable Services. KLIQS.COM LLC/STARTUP.DIGITAL may amend the Terms related to the Services from time to time.
Amendments will be effective upon KLIQS.COM LLC/STARTUP.DIGITAL's posting of such updated Terms at this location or the amended policies or supplemental terms on the applicable Service.
Your continued access or use of the Services after such posting constitutes your consent to be bound by the Terms, as amended.
Subject to your compliance with these Terms, KLIQS.COM LLC/STARTUP.DIGITAL grants you a limited, non-exclusive, non- sublicensable, revocable, non-transferrable license to: (i) access and use the Applications on your personal device solely in connection with your use of the Services; and (ii) access and use any content, information and related materials that may be made available through the Services. Any rights not expressly granted herein are reserved by KLIQS.COM LLC/STARTUP.DIGITAL and KLIQS.COM LLC/STARTUP.DIGITAL's licensors.
You may not: (i) remove any copyright, trademark or other proprietary notices from any portion of the Services; (ii) reproduce, modify, prepare derivative works based upon, distribute, license, lease, sell, resell, transfer, publicly display, publicly perform, transmit, stream, broadcast or otherwise exploit the Services except as expressly permitted by KLIQS.COM LLC/STARTUP.DIGITAL; (iii) decompile, reverse engineer or disassemble the Services except as may be permitted by applicable law; (iv) link to, mirror or frame any portion of the Services; (v) cause or launch any programs or scripts for the purpose of scraping, indexing, surveying, or otherwise data mining any portion of the Services or unduly burdening or hindering the operation and/or functionality of any aspect of the Services; or (vi) attempt to gain unauthorized access to or impair any aspect of the Services or its related systems or networks.
THIRD-PARTY SERVICES AND CONTENT.
The Services and all rights therein are and shall remain KLIQS.COM LLC/STARTUP.DIGITAL's property or the property of KLIQS.COM LLC/STARTUP.DIGITAL's licensors. Neither these Terms nor your use of the Services convey or grant to you any rights: (i) in or related to the Services except for the limited license granted above; or (ii) to use or reference in any manner KLIQS.COM LLC/STARTUP.DIGITAL's company names, logos, product and service names, trademarks or services marks or those of KLIQS.COM LLC/STARTUP.DIGITAL's licensor.
KLIQS.COM LLC/STARTUP.DIGITAL may contain links to sites maintained by third parties. KLIQS.COM LLC/STARTUP.DIGITAL is not responsible for the content or the privacy policies of those sites. You should not consider the existence of such links as an endorsement or recommendation of those sites or of any party who is associated with those sites. For profiles that contain links, KLIQS.COM LLC/STARTUP.DIGITAL will show the full link address/URL. We do not attest to the validity or safety of any link posted on the site. Use the contact tab on the navigation panel to REPORT ABUSE and alert our monitors of inappropriate and/or malicious content.
KLIQS.COM LLC/STARTUP.DIGITAL DOES NOT VET ANY LINKS ON ITS SITE! Following unknown links leaves your device/computer and personal data vulnerable. By clicking any link on our site, you agree you are solely responsible for any damage to your device/computer or loss of data that may result from following any link on KLIQS.COM LLC/STARTUP.DIGITAL.
SUBMISSION OF IDEAS.
KLIQS.COM LLC/STARTUP.DIGITAL does not accept or review unsolicited ideas or suggestions from persons outside the company. Notwithstanding such policy, any ideas, suggestions, know-how, comments or concepts that are offered or communicated to us through KLIQS.COM LLC/STARTUP.DIGITAL or otherwise shall be the property of KLIQS.COM LLC, and may be treated by us as non-confidential. KLIQS.COM LLC maintains the unrestricted right to use and disclose such ideas, suggestions, knowledge, expertise, comments, or concepts for any purpose without compensation or obligation to any party.
NETWORK ACCESS AND DEVICES.
You are responsible for obtaining the data network access necessary to use the Services. Your internet and/or mobile network's data and messaging rates and fees may apply if you access or use the Services from a wireless-enabled device. You are responsible for acquiring and updating compatible hardware or devices necessary to access and use the Services and Applications and any updates thereto. KLIQS.COM LLC/STARTUP.DIGITAL does not guarantee that the Services, or any portion thereof, will function on any particular hardware or devices. In addition, the Services may be subject to malfunctions and delays inherent in the use of the Internet and electronic communications.
DAMAGE TO SERVICE.
Any attempt by any person to deliberately damage the Service is a violation of criminal and civil laws. KLIQS.COM LLC reserves the right to seek damages from any such person to the fullest extent permitted by law.
RIGHT TO MONITOR.
KLIQS.COM LLC has the right, but not the obligation, to monitor the content of this Service, to determine compliance with these Terms and Conditions of Use and any other operating rules established by KLIQS.COM LLC. KLIQS.COM LLC has the right in our sole discretion to edit, refuse to post or remove any material submitted to or posted on this Service that we find to be in violation of these Terms and Conditions of Use or is otherwise objectionable. You are solely responsible for any information you post, transmit or otherwise make available on this Site. You acknowledge and agree that KLIQS.COM LLC does not have any liability for any action or inaction with respect to any conduct, communication or posting on this Site.
NON-WAIVER OF OUR RIGHTS.
You agree that our failure to enforce any rights under this Agreement or applicable law cannot be construed as a waiver of our rights in any way.
If any provision of these Terms and Conditions of Use is found by a court of competent jurisdiction to be legally invalid, unenforceable, or in conflict with any other agreement signed by you and us: (1) the validity and enforceability of the remainder of these Terms and Conditions of Use shall not be affected; (2) such provision shall be deemed modified to the minimum extent necessary to make such provision consistent with applicable law; and (3) such provision shall be valid, enforceable and enforced in its modified form.
NOTICE OF GRIEVANCE AND OPPORTUNITY TO CURE.
Before initiating arbitration or litigation concerning any potential dispute arising from the Agreement you and we agree to mail a written notice to the other party, return receipt requested, to provide the other party an opportunity to resolve such grievance. Such notice shall include a proposed resolution. A party receiving such notice must mail a written offer return receipt requested proposing a reasonable settlement within 30 days (or such longer period as applicable law may require). If an aggrieved party ultimately initiates arbitration or litigation, and if applicable law allows, then the adjudicator shall award reasonable attorney fees, court costs, and litigation expenses to the opposing party, if the adjudicator determines the (a) aggrieved party cannot prove compliance with this paragraph or (b) opposing party timely offered a reasonable settlement.
THE SERVICES ARE PROVIDED "AS IS" AND "AS AVAILABLE." KLIQS.COM LLC/STARTUP.DIGITAL DISCLAIMS ALL REPRESENTATIONS AND WARRANTIES, EXPRESS, IMPLIED, OR STATUTORY, NOT EXPRESSLY SET OUT IN THESE TERMS, INCLUDING THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. IN ADDITION, KLIQS.COM LLC/STARTUP.DIGITAL MAKES NO REPRESENTATION, WARRANTY, OR GUARANTEE REGARDING THE RELIABILITY, TIMELINESS, QUALITY, SUITABILITY, OR AVAILABILITY OF THE SERVICES OR ANY GOODS OR SERVICES OBTAINED THROUGH THE USE OF THE SERVICES, OR THAT THE SERVICES WILL BE UNINTERRUPTED OR ERROR-FREE. YOU AGREE THAT THE ENTIRE RISK ARISING OUT OF YOUR USE OF THE SERVICES, AND ANY THIRD PARTY GOOD OR SERVICES OBTAINED IN CONNECTION THEREWITH, REMAINS SOLELY WITH YOU, TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW. THIS DISCLAIMER DOES NOT ALTER YOUR RIGHTS AS A CONSUMER TO THE EXTENT NOT PERMITTED UNDER THE LAW IN THE JURISDICTION OF YOUR PLACE OF RESIDENCE.
LIMITATION OF LIABILITY.
KLIQS.COM LLC/STARTUP.DIGITAL SHALL NOT BE LIABLE TO YOU FOR INDIRECT, INCIDENTAL, SPECIAL, EXEMPLARY, PUNITIVE, OR CONSEQUENTIAL DAMAGES, INCLUDING LOST PROFITS, LOST DATA, HACKED DATA, PERSONAL INJURY, OR PROPERTY DAMAGE, EVEN IF KLIQS.COM LLC/STARTUP.DIGITAL HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. KLIQS.COM LLC/STARTUP.DIGITAL SHALL NOT BE LIABLE FOR ANY DAMAGES, LIABILITY OR LOSSES INCURRED BY YOU ARISING OUT OF: (i) YOUR USE OF OR RELIANCE ON THE SERVICES OR YOUR INABILITY TO ACCESS OR USE THE SERVICES; OR (ii) ANY TRANSACTION OR RELATIONSHIP BETWEEN YOU AND ANY THIRD PARTY PROVIDER, EVEN IF KLIQS.COM LLC/STARTUP.DIGITAL HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. KLIQS.COM LLC/STARTUP.DIGITAL SHALL NOT BE LIABLE FOR DELAY OR FAILURE IN PERFORMANCE RESULTING FROM CAUSES BEYOND KLIQS.COM LLC/STARTUP.DIGITAL'S REASONABLE CONTROL. YOU ACKNOWLEDGE THAT THIRD PARTY BUSINESSES PROVIDING GOODS AND SERVICES ADVERTISED THROUGH KLIQS.COM LLC/STARTUP.DIGITAL MAY NOT BE PROFESSIONALLY LICENSED OR PERMITTED. IN NO EVENT SHALL KLIQS.COM LLC/STARTUP.DIGITAL'S TOTAL LIABILITY TO YOU IN CONNECTION WITH THE SERVICES FOR ALL DAMAGES, LOSSES AND CAUSES OF ACTION EXCEED FIVE HUNDRED U.S. DOLLARS (US $500). THESE LIMITATIONS DO NOT PURPORT TO LIMIT LIABILITY THAT CANNOT BE EXCLUDED UNDER THE LAW IN THE JURISDICTION OF YOUR PLACE OF RESIDENCE.
You agree to indemnify and hold KLIQS.COM LLC/STARTUP.DIGITAL and its officers, directors, employees and agents, harmless from any and all claims, demands, losses, liabilities, and expenses (including attorneys' fees), arising out of or in connection with: (i) your use of the Services; (ii) your breach or violation of any of these Terms; (iii) KLIQS.COM LLC/STARTUP.DIGITAL's use of your User Content; or (iv) your violation of the rights of any third party, including Third Party Providers.
You agree that any dispute, claim or controversy arising out of or relating to these Terms or the breach, termination, enforcement, interpretation or validity thereof or the use of the Services (collectively, "Disputes") will be settled by binding arbitration between you and KLIQS.COM LLC/STARTUP.DIGITAL, except that each party retains the right to bring an individual action in small claims court and the right to seek injunctive or other equitable relief in a court of competent jurisdiction to prevent the actual or threatened infringement, misappropriation or violation of a party's copyrights, trademarks, trade secrets, patents or other intellectual property rights. You acknowledge and agree that you and KLIQS.COM LLC/STARTUP.DIGITAL are each waiving the right to a trial by jury or to participate as a plaintiff or class in any purported class action or representative proceeding. Further, unless both you and KLIQS.COM LLC/STARTUP.DIGITAL otherwise agree in writing, the arbitrator may not consolidate more than one person's claims, and may not otherwise preside over any form of any class or representative proceeding. The ARBITRATION section will survive any termination of these Terms.
ARBITRATION RULES AND GOVERNING LAW.
The arbitration will be administered by the American Arbitration Association ("AAA") in accordance with the Commercial Arbitration Rules and the Supplementary Procedures for Consumer Related Disputes (the "AAA Rules") then in effect, except as modified by this "Dispute Resolution" section. (The AAA Rules are available at www.adr.org/arb_med or by calling the AAA at 1-800-778-7879.) The Federal Arbitration Act will govern the interpretation and enforcement of this Section.
A party who desires to initiate arbitration must provide the other party with a written Demand for Arbitration as specified in the AAA Rules. (The AAA provides a form Demand for Arbitration at www.adr.org/aaa/ShowPDF?doc=ADRSTG_004175 and a separate form for California residents at www.adr.org/aaa/ShowPDF?doc=ADRSTG_015822.) The arbitrator will be either a retired judge or an attorney licensed to practice law in the state of California and will be selected by the parties from the AAA's roster of consumer dispute arbitrators. If the parties are unable to agree upon an arbitrator within seven (7) days of delivery of the Demand for Arbitration, then the AAA will appoint the arbitrator in accordance with the AAA Rules.
ARBITRATION LOCATION AND PROCEDURE.
Unless you and KLIQS.COM LLC/STARTUP.DIGITAL otherwise agree, the arbitration will be conducted in the county where you reside. If your claim does not exceed $10,000, then the arbitration will be conducted solely on the basis of documents you and KLIQS.COM LLC/STARTUP.DIGITAL submit to the arbitrator, unless you request a hearing or the arbitrator determines that a hearing is necessary. If your claim exceeds $10,000, your right to a hearing will be determined by the AAA Rules. Subject to the AAA Rules, the arbitrator will have the discretion to direct a reasonable exchange of information by the parties, consistent with the expedited nature of the arbitration.
The arbitrator will render an award within the time frame specified in the AAA Rules. The arbitrator's decision will include the essential findings and conclusions upon which the arbitrator based the award. Judgment on the arbitration award may be entered in any court having jurisdiction thereof. The arbitrator's award damages must be consistent with the terms of the "Limitation of Liability" section above as to the types and the amounts of damages for which a party may be held liable. The arbitrator may award declaratory or injunctive relief only in favor of the claimant and only to the extent necessary to provide relief warranted by the claimant's individual claim. If you prevail in arbitration you will be entitled to an award of attorneys' fees and expenses, to the extent provided under applicable law. KLIQS.COM LLC/STARTUP.DIGITAL will not seek, and hereby waives all rights KLIQS.COM LLC/STARTUP.DIGITAL may have under applicable law to recover, attorneys' fees and expenses if KLIQS.COM LLC/STARTUP.DIGITAL prevail in arbitration.
Your responsibility to pay any AAA filing, administrative and arbitrator fees will be solely as set forth in the AAA Rules.
CHOICE OF LAW.
These Terms are governed by and construed in accordance with the laws of the State of Nevada, U.S.A., without giving effect to any conflict of law principles.
You may not assign these Terms without KLIQS.COM LLC/STARTUP.DIGITAL's prior written approval. KLIQS.COM LLC/STARTUP.DIGITAL may assign these Terms without your consent to: (i) a subsidiary or affiliate; (ii) an acquirer of KLIQS.COM LLC/STARTUP.DIGITAL's equity, business or assets; or (iii) a successor by merger. Any purported assignment in violation of this section shall be void. No joint venture, partnership, employment, or agency relationship exists between you, KLIQS.COM LLC/STARTUP.DIGITAL or any Third Party Provider as a result of this Agreement or use of the Services. If any provision of these Terms is held to be invalid or unenforceable, such provision shall be struck and the remaining provisions shall be enforced to the fullest extent under law. Our failure to enforce any right or provision in these Terms shall not constitute a waiver of such right or provision unless acknowledged and agreed to by KLIQS.COM LLC/STARTUP.DIGITAL in writing.
This agreement shall be governed in all respects by the laws of the State of Nevada as such laws are applied to agreements entered into and to be performed entirely within Nevada between Nevada residents. We do not guarantee continuous, uninterrupted or secure access to our services, and operation of our site may be interfered with by numerous factors outside of our control. If any provision of this agreement is held to be invalid or unenforceable, such provision shall be struck and the remaining provisions shall be enforced. Headings are for reference purposes only and in no way define, limit, construe or describe the scope or extent of such section. Our failure to act with respect to a breach by you or others does not waive our right to act with respect to subsequent or similar breaches. This agreement sets forth the entire understanding and agreement between us with respect to the subject matter hereof.
This Agreement supersedes any previous Terms and Conditions of Use Agreement to which you and KLIQS.COM LLC agreed. This Agreement will be binding on, inure to the benefit of, and be enforceable against the parties and their respective successors and assigns. Neither the course of conduct between parties nor trade practice shall act to modify any provision of the Agreement. All rights not expressly granted herein are hereby reserved. Headings are for reference purposes only and in no way define, limit, construe or describe the scope or extent of such section.