Click
It for the Cure
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Click
It for the Cure Terms of Service for Your Personal Use
Welcome! By using Click It for the Cure ("Click It for
the Cure Services"), you agree to be bound by the following terms and
conditions (the "Terms of Service"). Content Linked to by Click It for the Cure
People over whom Click It for the Cure exercises no control
develop the sites linked by Click It for the Cure Services. The listings that
appear on Click It for the Cure's partner’s sites are displayed by Click It
for the Cure's partner’s automated machinery and computers, and Click It for
the Cure cannot and does not screen the sites before including them as a linked
site. By using Click It for the
Cure Services links to sites that some people find objectionable, inappropriate,
or offensive may be provided. We cannot guarantee that a Click It for the Cure
link will not locate unintended or objectionable content and assume no
responsibility for the content of any site included or otherwise linked to by
the Click It for the Cure Services. Personal Use Only
The Click It for the Cure Services are made available for
your personal, non-commercial use only. You may not use the Click It for the
Cure Services to sell a product or service, or to increase traffic to your Web
site for commercial reasons, such as advertising sales. You may not
"meta-search" Click It for the Cure. If you want to make commercial
use of the Click It for the Cure Services, you must enter into an agreement with
Click It for the Cure to do so in advance. Please contact us for more
information. If you are interested in adding a Click It for the Cure link
to your web site or your company's web site, we encourage you to do so. Prohibited Uses
You shall not, and shall not authorize or encourage any third
party to directly or indirectly generate queries, impressions of or clicks on
any Search Results, Links and/or Ad(s) through any automated, deceptive,
fraudulent or other invalid means, including but not limited to through repeated
manual clicks, the use of robots or other automated query tools and/or computer
generated search requests, and/or the unauthorized use of other search engine
optimization services and/or software. Program Participation by Nonprofits
Participation in the program is requires linking to your
organizations website or other requirements as specified by Click It for the
Cure and is subject to Click It for the Cure’s prior approval. Click It for
the Cure reserves the right to refuse participation to any organization,
including nonprofits and schools, at any time in its sole discretion. Each participating organization will share revenues with any
other listed charity for the specified cause.
The allocation of revenues to each charity will be in proportion to which
its supporters use the website relative to supporters of other listed charities.
However “Cause of the Month” participants will receive all eligible
revenues. Our goal is to
designate as eligible revenues a minimum of 50 percent of revenues and
distribute to non-profit organizations. Click It for the Cure will send each
organization a check once a year providing the organization has accrued $$25 or
more. If the organization has earned less than that, the funds will be
carried over to the next year and paid once the cumulative earnings are $25 or
more. Notwithstanding the foregoing, Click It for the Cure shall
not be liable for any payment based on any amounts which result from invalid
queries or invalid clicks on Ads generated by any person, bot, automated program
or similar device, as reasonably determined by Click It for the Cure, including
without limitation through any clicks or impressions originating from your IP
addresses or computers under your control. To ensure proper payment, organizations are solely
responsible for providing and maintaining accurate contact and payment
information associated with their account. Any bank fees related to returned or
cancelled checks due to a contact or payment information error or omission may
be deducted from the newly issued payment. Organizations agree to pay all
applicable taxes or charges imposed by any government entity in connection with
their participation in the Program. Click It for the Cure may change its pricing
and/or payment structure at any time. If you dispute any payment made under the
Program, you must notify Click It for the Cure in writing within thirty (30)
days of any such payment; failure to so notify Click It for the Cure shall
result in the waiver by you of any claim relating to any such disputed payment.
Payment shall be calculated solely based on records maintained by Click It for
the Cure. No other measurements or statistics of any kind shall be accepted by
Click It for the Cure or have any effect under this Agreement. Changes in Terms and Conditions and Click It for
the Cure Search Service
We may modify or terminate our services from time to time,
for any reason, and without notice, including the right to terminate with or
without notice, without liability to you, any other user or any third party. We
reserve the right to modify these Terms of Service from time to time without
notice. Please review these Terms of Service from time to time so that you will
be apprised of any changes. Intellectual Property Policy
It is our policy to respond to notices of alleged
infringement that comply with the Digital Millennium Copyright Act. Disclaimer of Warranties
Click It for the Cure disclaims any and all responsibility or
liability for the accuracy, content, completeness, legality, reliability, or
operability or availability of information or material displayed in the CLICK IT
FOR THE CURE SERVICES sites. Click It for the Cure disclaims any responsibility
for the deletion, failure to store, misdelivery, or untimely delivery of any
information or material. Click It for the Cure disclaims any responsibility for
any harm resulting from downloading or accessing any information or material on
the Internet through the CLICK IT FOR THE CURE SERVICES. THE CLICK IT FOR THE CURE SERVICES, AND ALL MATERIALS,
INFORMATION, PRODUCTS AND SERVICES INCLUDED IN THE CLICK IT FOR THE CURE
SERVICES ARE PROVIDED "AS IS," WITH NO WARRANTIES WHATSOEVER. CLICK IT
FOR THE CURE AND ITS LICENSORS EXPRESSLY DISCLAIM TO THE FULLEST EXTENT
PERMITTED BY LAW ALL EXPRESS, IMPLIED, AND STATUTORY WARRANTIES, INCLUDING,
WITHOUT LIMITATION, THE WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR
PURPOSE, AND NON-INFRINGEMENT OF PROPRIETARY RIGHTS. CLICK IT FOR THE CURE AND
ITS LICENSORS DISCLAIM ANY WARRANTIES REGARDING THE SECURITY, RELIABILITY,
TIMELINESS, AND PERFORMANCE OF THE CLICK IT FOR THE CURE SERVICES. CLICK IT FOR
THE CURE AND ITS LICENSORS DISCLAIM, ANY WARRANTIES FOR ANY INFORMATION OR
ADVICE OBTAINED THROUGH THE CLICK IT FOR THE CURE SERVICES. CLICK IT FOR THE
CURE AND ITS LICENSORS DISCLAIM ANY WARRANTIES FOR SERVICES OR GOODS RECEIVED
THROUGH OR ADVERTISED ON THE CLICK IT FOR THE CURE SERVICES OR RECEIVED THROUGH
ANY LINKS PROVIDED BY THE CLICK IT FOR THE CURE SERVICES, AS WELL AS FOR ANY
INFORMATION OR ADVICE RECEIVED THROUGH ANY LINKS PROVIDED IN THE CLICK IT FOR
THE CURE SERVICES. YOU UNDERSTAND AND AGREE THAT YOU DOWNLOAD OR OTHERWISE
OBTAIN MATERIAL OR DATA THROUGH THE USE OF THE CLICK IT FOR THE CURE SERVICES AT
YOUR OWN DISCRETION AND RISK AND THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY
DAMAGES TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD
OF SUCH MATERIAL OR DATA. SOME STATES OR OTHER JURISDICTIONS DO NOT ALLOW THE EXCLUSION
OF IMPLIED WARRANTIES, SO THE ABOVE EXCLUSIONS MAY NOT APPLY TO YOU. YOU MAY
ALSO HAVE OTHER RIGHTS THAT VARY FROM STATE TO STATE AND JURISDICTION TO
JURISDICTION. Limitation of Liability
UNDER NO CIRCUMSTANCES SHALL CLICK IT FOR THE CURE OR ITS
LICENSORS BE LIABLE TO ANY USER ON ACCOUNT OF THAT USER'S USE OR MISUSE OF OR
RELIANCE ON THE CLICK IT FOR THE CURE SERVICES. ARISING FROM ANY CLAIM RELATING
TO THIS AGREEMENT OR THE SUBJECT MATTER HEREOF SUCH LIMITATION OF LIABILITY
SHALL APPLY TO PREVENT RECOVERY OF DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL,
SPECIAL, EXEMPLARY, AND PUNITIVE DAMAGES WHETHER SUCH CLAIM IS BASED ON
WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE), OR OTHERWISE, (EVEN IF CLICK IT
FOR THE CURE OR ITS LICENSORS HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH
DAMAGES). SUCH LIMITATION OF LIABILITY SHALL APPLY WHETHER THE DAMAGES ARISE
FROM USE OR MISUSE OF AND RELIANCE ON THE CLICK IT FOR THE CURE SERVICES, FROM
INABILITY TO USE THE CLICK IT FOR THE CURE SERVICES, OR FROM THE INTERRUPTION,
SUSPENSION, OR TERMINATION OF THE CLICK IT FOR THE CURE SERVICES (INCLUDING SUCH
DAMAGES INCURRED BY THIRD PARTIES). THIS LIMITATION SHALL ALSO APPLY WITH
RESPECT TO DAMAGES INCURRED BY REASON OF OTHER SERVICES OR GOODS RECEIVED
THROUGH OR ADVERTISED ON THE CLICK IT FOR THE CURE SERVICES OR RECEIVED THROUGH
ANY LINKS PROVIDED IN THE CLICK IT FOR THE CURE SERVICES, AS WELL AS BY REASON
OF ANY INFORMATION OR ADVICE RECEIVED THROUGH OR ADVERTISED ON THE CLICK IT FOR
THE CURE SERVICES OR RECEIVED THROUGH ANY LINKS PROVIDED IN THE CLICK IT FOR THE
CURE SERVICES. THIS LIMITATION SHALL ALSO APPLY, WITHOUT LIMITATION, TO THE
COSTS OF PROCUREMENT OF SUBSTITUTE GOODS OR SERVICES, LOST PROFITS, OR LOST
DATA. SUCH LIMITATION SHALL FURTHER APPLY WITH RESPECT TO THE PERFORMANCE OR
NON-PERFORMANCE OF THE CLICK IT FOR THE CURE SERVICES OR ANY INFORMATION OR
MERCHANDISE THAT APPEARS ON, OR IS LINKED OR RELATED IN ANY WAY TO, THE CLICK IT
FOR THE CURE SERVICES. SUCH LIMITATION SHALL APPLY NOTWITHSTANDING ANY FAILURE
OF ESSENTIAL PURPOSE OF ANY LIMITED REMEDY AND TO THE FULLEST EXTENT PERMITTED
BY LAW. SOME STATES OR OTHER JURISDICTIONS DO NOT ALLOW THE EXCLUSION
OR LIMITATION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE
LIMITATIONS AND EXCLUSIONS MAY NOT APPLY TO YOU. Without limiting the foregoing, under no circumstances shall
Click It for the Cure or its licensors be held liable for any delay or failure
in performance resulting directly or indirectly from acts of nature, forces, or
causes beyond its reasonable control, including, without limitation, Internet
failures, computer equipment failures, telecommunication equipment failures,
other equipment failures, electrical power failures, strikes, labor disputes,
riots, insurrections, civil disturbances, shortages of labor or materials,
fires, floods, storms, explosions, acts of God, war, governmental actions,
orders of domestic or foreign courts or tribunals, non-performance of third
parties, or loss of or fluctuations in heat, light, or air conditioning. Miscellaneous Provisions
These Terms of Service will be governed by and construed in
accordance with the laws of the State of West Virginia, without giving effect to
its conflict of laws provisions or your actual state or country of residence. If
for any reason a court of competent jurisdiction finds any provision or portion
of the Terms of Service to be unenforceable, the remainder of the Terms of
Service will continue in full force and effect.
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