CLICKFUNNELS DOMAIN REGISTRATION AGREEMENT
As a ClickFunnels User,
This Agreement sets forth Your rights and obligations with respect to Your domain name. By registering Your domain You indicate that You have read and understood this Agreement and You will be bound by its terms.
A. “ClickFunnels” means Etison LLC (“Etison”) doing business as ClickFunnels. ClickFunnels is a trademark of Etison and refers to proprietary Etison software used to create Internet sales funnels. The ClickFunnels’ website (www.clickfunnels.com) shall be referred to as “Website.”
B. “Parties” mean ClickFunnels and You. ClickFunnels and You are each a “Party.”
C. “Terms” mean and refer to the Terms and Conditions set forth herein.
D. “Us” and “We” and “Our” mean and refer to ClickFunnels.
E. “User” refers to a person who has created a ClickFunnels Account. “User Account” refers to a User’s ClickFunnels Account.
F. “You” and “Your” means the ClickFunnels User who has executed this Agreement by accepting a domain name from ClickFunnels.
II. Domain Name Rights
At no time will You purchase or otherwise obtain ownership rights in any domain name from Us. You will receive rights to exclusive use of a domain name from Us until this Agreement is terminated or cancelled by Us, as set forth below. Your right to use of a domain name is always subject to the power of a court of competent jurisdiction and any applicable domain name registry or its dispute resolution agent. We cannot guarantee that You will obtain any particular domain name, even if a domain name appears to be available at the time of Your application.
By registering your domain name, You warrant that neither the registration of the domain name nor Your intended use of it, infringes upon the legal rights of a third party and that the domain name is not being registered for, nor shall it at any time be used for, any unlawful purpose; furthermore, by accepting this Agreement, You warrant that You have done the requisite due diligence to ensure these statements are accurate, which at a minimum includes but is not limited to ensuring that neither the domain name nor any part thereof violates a registered trademark with the United States Patent and Trademark Office (https://www.uspto.gov/trademarks-application-process/search-trademark-database).
Users may request a domain name transfer by contacting email@example.com. Both the potential transferor and potential transferee must agree to the transfer, and the transfer will be granted or denied in ClickFunnels sole and absolute discretion. Charges and other conditions may apply to any transfer.
If We receive a demand letter, notice, or complaint related to Your registration and/or use of Your domain, We will forward the material to You as a matter of course. We reserve the right, in our sole discretion, to voluntarily settle any such matter and to transfer the challenged domain name to a claimant of trademark rights violated by the domain name. We also reserve the right to stop hosting the domain and immediately terminate this Agreement. We may also disclose your name and registration details as a part of any such settlement. Any costs incurred in such a domain dispute will be paid by You.
III. Term; Charges
Your rights to use a domain name will commence when You accept Your domain and You will continue to be able to use the domain name until this Agreement is cancelled or terminated as provided herein.
Domains will be charged as stated on the sales page. Beginning forty-five (45) days prior to the annual domain registration renewal, You will be charged an annual fee for Your use of each domain. The annual fee is subject to change without notice. Annual fees may vary between domain names based on the popularity of a given domain name. Annual fees are not refundable.
This Agreement is subject to termination at the earliest of:
Upon termination or cancellation of this Agreement, Your right to use any domain name obtained from Us will be immediately terminated, and We will have the right to grant the right to use the domain name to any person We choose, or to release ClickFunnels rights to the domain name altogether.
V. No Refunds
In the event this Agreement is cancelled or terminated for any reason, no charges will be refunded.
VI. Disclaimers of Other Warranties
THE WEBSITE AND ALL CONTENT ARE PROVIDED ON AN “AS IS”, “AS AVAILABLE” BASIS WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO WARRANTIES OF TITLE OR IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. WE MAKE NO, AND EXPRESSLY DISCLAIM ANY AND ALL, REPRESENTATIONS AND WARRANTIES AS TO THE RELIABILITY, TIMELINESS, QUALITY, SUITABILITY, AVAILABILITY, ACCURACY, AND/OR COMPLETENESS OF ANY INFORMATION ON THIS WEBSITE. WE DO NOT REPRESENT OR WARRANT, AND EXPRESSLY DISCLAIM THAT: (A) THE USE OF THE WEBSITE OR ANY SOFTWARE WILL BE SECURE, TIMELY, UNINTERRUPTED OR ERROR-FREE, OR OPERATE IN COMBINATION WITH ANY OTHER HARDWARE, SOFTWARE, SYSTEM OR DATA, (B) THE WEBSITE, SOFTWARE, OR SERVICES WILL MEET YOUR REQUIREMENTS OR EXPECTATIONS, (C) ANY STORED DATA WILL BE ACCURATE OR RELIABLE, (D) THE QUALITY OF ANY PRODUCTS, SERVICES, SOFTWARE, INFORMATION, OR OTHER MATERIAL PURCHASED OR OBTAINED BY YOU THROUGH THE WEBSITE WILL MEET YOUR REQUIREMENTS OR EXPECTATIONS, (E) ERRORS OR DEFECTS IN THE WEBSITE WILL BE CORRECTED, OR (F) THE WEBSITE OR THE SERVER(S) THAT MAKE THE WEBSITE AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. ALL CONDITIONS, REPRESENTATIONS AND WARRANTIES, WHETHER EXPRESS, IMPLIED, STATUTORY OR OTHERWISE, INCLUDING, WITHOUT LIMITATION, ANY IMPLIED WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NONINFRINGEMENT OF THIRD PARTY RIGHTS, ARE HEREBY DISCLAIMED TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW.
The ClickFunnels websites may include inaccuracies, errors and materials that conflict with these Terms. In the event of any conflict between anything posted on any ClickFunnels website and these Terms, these Terms shall control.
VII. Limitations of Liability.
IN NO EVENT SHALL CLICKFUNNELS’ LIABILITY TO YOU OR YOUR BUSINESS EXCEED THE AMOUNT OF THREE (3) TIMES THE PAYMENTS PAID BY YOU TO CLICKFUNNELS FOR THE MONTH PRECEDING THE DATE IN WHICH THE FACTS GIVING RISE TO A CLAIM AGAINST CLICKFUNNELS OCCURRED OR TWO-THOUSAND DOLLARS ($2,000), WHICHEVER IS GREATER.
VIII. Force Majeure
ClickFunnels shall not be responsible for any delay, damage, or failure caused or occasioned by any act of nature or other causes beyond our reasonable control.
IX. Assignment of Rights
ClickFunnels may assign its rights under this Agreement at any time, without notice to You. Your rights arising under this Agreement cannot be assigned without ClickFunnels (or its assigns’) express written consent.
X. Information You Provide; Registration; Passwords; Prohibition Against Hosting Third-Party Agency Accounts
As a ClickFunnels user, you will be required to create an account with ClickFunnels. You warrant that the information you provide us is truthful and accurate, and that you are not impersonating another person. You are responsible for maintaining the confidentiality of any password you may use to access your ClickFunnels user account, and you agree not to transfer your password or user name, or lend or otherwise transfer your use of or access to your user account, to any third party. So called “agency accounts,” or accounts in which you host funnels for third parties, are prohibited. Should your usage data indicate, in ClickFunnels’ sole and exclusive discretion, that you are operating an agency account, you will be subject to cancellation of your ClickFunnels user account or enhanced pricing for your ClickFunnels user account, at ClickFunnels’ sole and exclusive discretion. You are fully responsible for all transactions with, and information conveyed to, ClickFunnels under your user account. You agree to immediately notify ClickFunnels of any unauthorized use of your password or user name or any other breach of security related to your user account. You agree that ClickFunnels is not liable, and you will hold ClickFunnels harmless, for any loss or damage arising from your failure to comply with any of the foregoing obligations. Please see Section 12 below for additional information.
XI. Disclosure of Your Information
You understand and agree that We will make domain name registration information You provide available to ICANN, to the registry administrators, law enforcement agencies and to other third parties in Our sole and absolute discretion. You further agree and acknowledge that We may make publicly available, or directly available to third party vendors, some or all, of the domain name registration information You provide, as required or permitted by ICANN and applicable law. For example, and not by way of limitation, We may replace Our information publicly available via a Whois search with Your information, including making Your name, address, phone number, email, and facsimile the public Whois information for Your domain name. We may make this information available without notice to You if, for example, if We receives a credible (as determined by Us in Our sole and absolute discretion) communication from a third party that Your domain name infringes the rights of a third party, or if We are threatened with or named in a UDRP action based on any domain name You have registered or used. You hereby irrevocably waive any and all claims and causes of action You may have arising from such disclosure or use of Your domain name registration information by Us.
To the fullest extent permitted by law, you agree to defend, indemnify, and hold harmless ClickFunnels, its directors, officers, employees, shareholders, licensors, independent contractors, subcontractors, suppliers, affiliates, parent companies, subsidiaries, and agents from and against any and all claims, actions, loss, liabilities, damages, expenses, demands, and costs of any kind, including, but not limited to attorneys’ fees and costs of any litigation or other dispute resolution, arising out of, resulting from, or in any way connected with or related to (1) your use, misuse, or attempt to use the Website, software, products, or services, (2) information you submit or transmit through the Website, (3) your breach of these Terms, the documents they incorporate by reference, the Agreement, or the representations and warranties provided by you in this Agreement, or (4) your violation of any law or the rights of a third-party, including but not limited to any third party claim against ClickFunnels for intellectual property infringement by you and any disputes concerning your right to use a given domain name.
XIII. Prohibited Activity.
ClickFunnels has the right to terminate this Agreement at any time and immediately if You engage or have ever engaged in any of the following:
A. HARMFUL ACTS. Any dishonest or unethical business practice; any violation of the law or a material provision herein, including but not limited to the warranties You made in section II above; infliction of harm to ClickFunnels’ reputation; hacking and other digital or physical attacks on the Website; and the violation of the rights of ClickFunnels or any third party;
B. “SPAMMING” AND UNSOLICITED COMMUNICATIONS. We have zero tolerance for spam and unsolicited communications. Any communications sent or authorized by you reasonably deemed “spamming,” or any other unsolicited solicitations (including without limitation postings on social media or third party blogs) will be deemed a material threat to ClickFunnels’ reputation and to the rights of third parties. It is your obligation, exclusively, to ensure that all business communications comply with state and local anti-spamming or analogous laws.
C. OFFENSIVE COMMUNICATIONS. Any communication sent, posted, or authorized by you, including without limitation postings on any website operated by you, or social media or blog, which are: sexually explicit, obscene, vulgar, or pornographic; offensive, profane, hateful, threatening, harmful, defamatory, libelous, harassing, or discriminatory; graphically violent; or solicitous of unlawful behavior.
D. ILLEGAL BUSINESS ACTIVITY. Any promotion of illegal business activity, including without limitation multi-level marketing (except in compliance with the FTC’s Business Guidance Concerning Multi-Level Marketing, see www.ftc.gov/tips-advice/business-center/guidance/... promoting the sale or use of illegal drugs (including but not limited to Marijuana-derived CBD Oil); or infringing or promoting the infringement of the intellectual property rights of another.
If You have any questions or complaints concerning any of the Terms, You may contact ClickFunnels by email at firstname.lastname@example.org, or by regular mail at 3443 W. Bavaria Street, Eagle Idaho 83616. California residents, under California Civil Code Section 1789.3, may also reach the Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs by mail at 1625 North Market Blvd., Sacramento, CA 95834, or by telephone at (916) 445-1254 or (800) 952-5210.
XV. Notice and Takedown Procedures; Copyright Act
If you believe that materials or content available on the Website infringes any copyright you own, you or your agent may send ClickFunnels a notice requesting that ClickFunnels remove the materials or content from the Website. If you believe that someone has wrongly filed a notice of copyright infringement against you, you may send ClickFunnels a counter-notice. Notices and counter-notices should be sent to ClickFunnels, Attention Legal Department, 3443 W. Bavaria Street, Eagle, Idaho 83616, or by email to email@example.com. These Terms fully incorporate by reference the DMCA Policy.
XVI. Uniform Domain Name Dispute Resolution Policy
We are a privacy registration service, not a registrar, and You agree that You are the registrant. If You utilize Our services you should familiarize yourself with the The Uniform Domain Name Dispute Resolution Policy (the “Policy”), found at www.ftc.gov/tips-advice/business-center/guidance/... the Policy which has been adopted by the Internet Corporation for Assigned Names and Numbers (“ICANN”), and sets forth the terms and conditions in connection with a dispute between a registrant and any party (other than the registrar) over the registration and use of an Internet domain name.The Policy is incorporated by reference into the Domain Name Registration Agreement entered into between domain name registrants and their registrars. We routinely receive notices of the filing of various administrative proceedings under the Policy. Upon receipt of such notices, We will immediately cancel Our service related the domain name in dispute and notify You about the cancellation. As related to Your domain, We do not and will not participate in the administration or conduct of any Policy proceedings and will not be liable as a result of any decisions rendered by any administrative panel adjudicating such Policy proceedings. In the event that We are named as a party in any such Policy proceedings, We reserve the right to raise any and all defenses deemed appropriate and to take any other action necessary to defend Ourselves.
XVII. Arbitration; Governing Law; Attorneys’ Fees
A. ARBITRATION. PLEASE READ THIS ARBITRATION PROVISION CAREFULLY TO UNDERSTAND YOUR AND YOUR BUSINESS’ RIGHTS. EXCEPT WHERE PROHIBITED BY LAW, YOU AND YOUR BUSINESS AGREE THAT ANY CLAIM THAT YOU OR YOUR BUSINESS MAY HAVE IN THE FUTURE MUST BE RESOLVED THROUGH FINAL AND BINDING CONFIDENTIAL ARBITRATION. YOU ACKNOWLEDGE AND AGREE THAT YOU AND YOUR BUSINESS ARE WAIVING THE RIGHT TO A TRIAL BY JURY. THE RIGHTS THAT YOU AND YOUR BUSINESS WOULD HAVE IF YOU WENT TO COURT, SUCH AS DISCOVERY OR THE RIGHT TO APPEAL, MAY BE MORE LIMITED OR MAY NOT EXIST. YOU AGREE THAT YOU AND YOUR BUSINESS MAY ONLY BRING A CLAIM IN AN INDIVIDUAL CAPACITY AND NOT AS A PLAINTIFF (LEAD OR OTHERWISE) OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE PROCEEDING. YOU FURTHER AGREE THAT THE ARBITRATOR MAY NOT CONSOLIDATE PROCEEDINGS OR CLAIMS OR OTHERWISE PRESIDE OVER ANY FORM OF A REPRESENTATIVE OR CLASS PROCEEDING.
THERE IS NO JUDGE OR JURY IN ARBITRATION, AND COURT REVIEW OF AN ARBITRATION AWARD IS LIMITED. HOWEVER, AN ARBITRATOR CAN AWARD ON AN INDIVIDUAL BASIS THE SAME DAMAGES AND RELIEF AS A COURT (INCLUDING INJUNCTIVE AND DECLARATORY RELIEF OR STATUTORY DAMAGES), AND MUST FOLLOW THESE TERMS AS A COURT WOULD.
The arbitration will take place before a neutral arbitrator (hereafter, “Arbitrator”) agreed upon by you and ClickFunnels. In the event that you and ClickFunnels are unable to reach agreement on an Arbitrator, you and ClickFunnels will each select an arbitrator, and the two of them will select the Arbitrator, who must be a resident of Ada County, Idaho. The arbitrators selected by you and ClickFunnels will have no further involvement in the arbitration. This agreement to arbitrate survives any termination or expiration of the Agreement.
B. GOVERNING LAW. This Agreement shall be governed, construed, and interpreted in accordance with the laws of the State of Idaho without regard to any choice of law provisions.
C. WAIVER OF CLASS ACTION CLAIMS. You understand and agree that You will not have the right to participate in a representative capacity or as a member of any class of claimants pertaining to any claims that may arise under, or be in any way related to, this Agreement. There is no right or authority for any claim You have against ClickFunnels to be brought on a class action basis or on any basis involving claims brought in a purported representative capacity on behalf of the general public, or on behalf of other persons or entities similarly situated. Claims brought against ClickFunnels may not be joined or consolidated with claims brought by anyone else.
D. LIMITATIONS PERIOD. Any claim brought in arbitration must be brought within the time period set forth in any Idaho statute of limitations that, but for this agreement to arbitrate, would apply to the claims asserted in any arbitration proceeding.
E. INJUNCTIVE RELIEF. Nothing in this Agreement prevents ClickFunnels from applying to and obtaining from any court having jurisdiction a temporary injunction, preliminary injunction, permanent injunction, or other relief available to protect ClickFunnels rights prior to, during, or following any arbitration proceeding.
F. ATTORNEYS’ FEES. You agree that in the event of any arbitration or litigation, or similar adjudicatory proceeding, to enforce the rights under this Agreement, all fees, costs and expenses, including, without limitation, reasonable attorneys fees and court costs, incurred by the prevailing Party in such litigation, action, arbitration or proceeding shall be reimbursed by the losing Party; provided, that if a Party to such litigation, action, arbitration or proceeding prevails in part, and loses in part, the court, arbitrator or other adjudicator presiding over such litigation, action, arbitration or proceeding shall award a reimbursement of the fees, costs and expenses incurred by such Party on an equitable basis.
XVIII. Changes to the Terms
ClickFunnels reserves the right to change these Terms, in whole or in part, from time to time at ClickFunnels sole and absolute discretion, and to provide You with notice of such change by any reasonable means, including without limitation posting revised Terms at www.ftc.gov/tips-advice/business-center/guidance/... By Your continued use of ClickFunnels services, and unless You terminate this agreement as provided herein, You manifest Your agreement to any subsequent changes to the Terms.
If any Term set forth herein is deemed unenforceable under any applicable law, the remaining Terms shall not be affected thereby and shall continue in full force and effect such Term may be modified or severed from this Agreement to the extent necessary to make such term enforceable and consistent with the remainder of the Agreement.
XIX. No Waiver
No failure or delay on the part of ClickFunnels in exercising any right, power or remedy under this Agreement may operate as a waiver, nor may any single or partial exercise of any such right, power, or remedy preclude any other or further exercise of such right, power, or remedy, or the exercise of any other rights, power, or remedy under this Agreement. A waiver of any right or obligation under this Agreement shall only be effective if in writing and signed by ClickFunnels.
Any heading, caption or section title contained herein is inserted only as a matter of convenience, and in no way defines or explains any section or provision hereof.
Any notice required to be given to ClickFunnels under or related to these Terms must be in writing, addressed as follows:
3443 W Bavaria Street
Eagle, Idaho 83616
General Support and Inquiries: firstname.lastname@example.org
Spam or Abuse: email@example.com
Notices to You may be made by posting a notice (or a link to a notice) on www.ftc.gov/tips-advice/business-center/guidance/... by email, or by regular mail, at ClickFunnels discretion.
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