CLICKFUNNELS DOMAIN REGISTRATION AGREEMENT
As a ClickFunnels User, You are eligible for a free Domain Name for one (1) year.
This Agreement sets forth Your rights and obligations with respect to Your domain name. By registering this domain You indicate that You have read and understood this Agreement and You will be bound by its terms.
A. “ClickFunnels” is a trademark of Etison LLC, and also refers to proprietary Etison LLC software used to create Internet sales funnels.
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 appear to be available at the time of Your application. You agree 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. 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 or notice of the institution of an arbitration pursuant to the Uniform Domain-Name Dispute-Resolution Policy (“UDRP”), 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 may also disclose your name and registration details as a part of any such settlement.
III. Term; 12-Months Free; 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. You will have the use of one (1) domain name, without charge, for the space of one (1) year from the time You click “I Agree.” Any additional domain will be charged as stated on the sales page. Beginning at the one (1) year anniversary of Your clicking “I agree,” You will be charged an annual fee for Your use of the one domain name. 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.
This Agreement is subject to termination at the earlier of: Your violation of any of the terms of this Agreement; OR Such time as Your ClickFunnels account is terminated or cancelled: OR C. You provide Us ten (10) days’ e-mail notice, as provided herein, of Your cancellation of Your Domain Name. If, You provide notice of cancellation less than thirty (30) days before the next annual charge, Your credit card may still be charged. You will not be entitled to pro-rate Your use, nor will You be entitled to any refund for any payments to Us. OR D. Your credit card or Our charge is denied for any reason and You do not provide Us a new credit card within ten (10) days. 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. No Warranty.
CLICKFUNNELS WEBSITES AND SERVICES ARE PROVIDED “AS IS” WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION IMPLIED WARRANTIES OF TITLE, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NONINFRINGEMENT. CLICKFUNNELS MAKES NO REPRESENTATION OR WARRANTY AS TO THE ACCURACY, RELIABILITY, TIMELINESS OR COMPLETENESS OF ANY MATERIAL ON OR ACCESSIBLE THROUGH ANY CLICKFUNNELS WEBSITE OR SERVICE. ANY RELIANCE ON OR USE OF SUCH MATERIALS SHALL BE AT YOUR SOLE RISK. CLICKFUNNELS MAKES NO REPRESENTATION OR WARRANTY (A) THAT ANY CLICKFUNNELS WEBSITE OR SERVICE WILL BE AVAILABLE ON A TIMELY BASIS, OR THAT ACCESS TO ANY CLICKFUNNELS WEBSITE OR SERVICE WILL BE UNINTERRUPTED, ERROR-FREE OR SECURE; (B) THAT DEFECTS OR ERRORS WILL BE CORRECTED; OR (C) THAT ANY CLICKFUNNELS WEBSITE OR THE SERVERS OR NETWORKS THROUGH WHICH ANY CLICKFUNNELS WEBSITE IS MADE AVAILABLE ARE SECURE OR FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. APPLICABLE LAW MAY NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES, SO THE ABOVE EXCLUSION MAY NOT APPLY TO YOU. 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. Limitation of Liability.
YOU AGREE THAT IN NO EVENT SHALL CLICKFUNNELS LIABILITY TO YOU FOR ANY CLAIM OF ANY KIND OR DESCRIPTION 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. YOU WAIVE ANY RIGHT TO SPECIAL, INDIRECT OR CONSEQUENTIAL DAMAGES OF ANY KIND OR DESCRIPTION.
VIII. Force Majeure.
ClickFunnels will not be responsible to You for any delay, damage, or failure caused by or occasioned by a Force Majeure Event. As used in this Agreement, “Force Majeure Event” shall mean: any act of God, act of nature or the elements, terrorism, insurrection, revolution or civil strife, piracy, civil war or hostile action, labor strikes, acts of public enemies, federal or state laws, rules and regulations of any governmental authorities having jurisdiction over the premises, inability to procure material, equipment, or necessary labor in the open market, acute and unusual labor, material, or equipment shortages, or any other causes beyond the control of ClickFunnels. Delays due to any of the above causes shall not be deemed to be a breach of or failure to perform under this Agreement. ClickFunnels shall not be required against its will to adjust any labor or other similar dispute except in accordance with applicable law.
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 by without ClickFunnels or its assigns express written consent.
X. Information; Registration; User Names and Passwords
You may 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 ClickFunnels services, and You agree not to transfer Your password or username, or lend or otherwise transfer Your use of or access to Your User account, to any third party. 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. Your provision of inaccurate information, or failure to update information provided to us, or any failure to respond to inquiries by us, shall constitute a material breach of this Agreement and be a basis for cancellation of this Agreement.
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. 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.
You agree to protect, defend, indemnify and hold harmless ClickFunnels and Our officers, directors, employees, owner(s), and parent company(ies) and assigns from and against all claims, demands, and causes of action of every kind and character without limit arising out of Your conduct. Your indemnity obligation includes, but is 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 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; infliction of harm to ClickFunnels reputation; and the violation of the rights of ClickFunnels or any third party.
B. “SPAMMING” AND UNSOLICITED COMMUNICATIONS. We have zero tolerance for UCE/spam. 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, or pornographic; offensive, profane, hateful, threatening, harmful, defamatory, libelous, harassing, or discriminatory; graphically violent; solicitous of unlawful behavior; or that violates the intellectual property rights of another.
If You have any questions or complaints concerning any of the Terms, You may contact ClickFunnels by e-mail 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. Digital Millennium Copyright Act
If You believe that materials or content available on any ClickFunnels 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 ClickFunnels 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, at 3443 W. Bavaria Street, Eagle Idaho 83616., or by e-mail to email@example.com.
XVI. Arbitration, Governing Law, and Attorneys’ Fees.
A. ARBITRATION. Any claim or grievance of any kind, nature or description that You have against ClickFunnels including, but not limited to, economic losses, personal injury, or property damage, shall be resolved exclusively in binding arbitration in Ada County, Idaho. You agree not to file suit against ClickFunnels or any of its affiliates, subsidiaries, officers, directors, employees, successors, or assigns. 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. The Arbitrator will determine the rules governing arbitration. The decision of the Arbitrator will be final and binding on You and ClickFunnels and may be reduced to a judgment in any court of competent jurisdiction. 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, each Party will each bear its own costs and attorney’s fees, regardless of who is deemed the prevailing party. The foregoing notwithstanding, if either You or ClickFunnels commences an action in a court of law or equity and the responding Party successfully moves such court to compel arbitration, the Party who moved for the order compelling arbitration shall be entitled to recover its reasonable costs and attorney's fees incurred on the motion to compel from the other Party.
XVII. Changes to 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 http://clickfunnels.com. 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 remain in full force and effect and these Terms shall be read, collectively, as if the unenforceable Term(s) were omitted.
No waiver by ClickFunnels of any breach or default of these Terms will be deemed to be a waiver of any preceding or subsequent breach or default.
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: ClickFunnels 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 http://clickfunnels.com/. by e-mail, or by regular mail, at ClickFunnels discretion.