Welcome to ClickFunnels. We look
forward to helping You grow Your on-line sales beyond anything You have done
before, so You can take Your business as far as You can imagine. This Agreement
sets forth Your rights and obligations as a ClickFunnels User. By clicking “I
Agree,” 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. “Etison” means Etison LLC, the owner of the ClickFunnels and other
trademarks. In this Agreement, references to “Etison” as a Party mean and refer
to Etison LLC, and Etison LLC’s owner(s), parent company(ies), affiliate
entities, and employees, and assigns.
B. “Parties” mean Etison and You. Etison and You are each a “Party.”
C. “Terms” mean and refer to the Terms and Conditions set forth herein.
D. “User” refers to a person who has created a ClickFunnels Account. “User Account” refers to a User’s
E. “You” and “Your” means the
ClickFunnels User who has executed this Agreement by clicking “I Agree.”
II. Becoming a ClickFunnels User
By clicking “I Agree” to these Terms,
transferring payment to Etison, and creating a User Account, You become a
ClickFunnels User. There are various products and services available to Users,
and monthly prices applicable to such products and services. Etison’s products,
services, and prices are posted https://www.clickfunnels.com/signupchart,
and are subject to change without notice including, but not limited to
Actionetics MD upgrades (see reference chart https://goo.gl/oKcGzN). Price changes are effective on the first day of the
month after the price change is posted, By clicking “I Agree” and providing
Etison Your credit card information You authorize Etison to charge Your credit
card in the amount indicated for the value of the services You select, including any future
price changes. If you request a downgrade in services, the
downgrade (and corresponding price reduction) will become effective on the
first day of the month following your requested downgrade. By Your continued
use of Etison services, and unless You terminate this agreement as provided
agree that Etison may charge Your credit card monthly for the products and
services You have selected, and You consent to any price changes for such
III. Term and Termination
Your User contract with Etison begins
when You click “I Agree,” and will continue month-to-month until either:
A. Etison cancels Your account due to
Your breach of any of the Terms of this Agreement. In the event this Agreement
is cancelled due to Your breach, You will not be entitled to pro-rate Your last
month’s use, nor will You be entitled to any refund for any payments You have
made to Etison.
B. You provide Etison ten (10) days’
e-mail notice, as provided herein, of Your cancellation of Your account. If You
provide such notice less than ten (10) days before the first day of the next
month, Your credit card may still be charged. You will not be entitled to
pro-rate Your last month’s use, nor will You be entitled to any refund for any
payments to Etison.
C. Your credit card or Etison’s charge
is denied for any reason and You do not provide Etison a new credit card within
ten (10) days.
IV. REFUNDS FOR “HARD GOODS”
If You have purchased a “hard good”
(for example, a book, MP3 player, or other tangible product) from Etison sold
under any of its brands or related brands, including without limitation
ClickFunnels or Expert Secrets, you may receive a limited refund if you comply
with the following conditions:
1. You must request a refund in writing by
2. Your request for a
refund must be made within thirty (30) days of your purchase;
3. You must return the hard goods to
Etison immediately, according to the shipping and other instructions you will
receive by email after requesting a refund;
4. The hard goods must be returned to
Etison in like-new, or re-sellable condition, as determined in Etison’s sole,
V. No License to use Etison Marks
Any content on any Etison website may
constitute the intellectual property of Etison. Except where expressly
authorized, no material on any Etison website may be copied, reproduced,
distributed, republished, uploaded, displayed, posted or transmitted in any way
whatsoever. The CLICKFUNNELS trademark and logo are proprietary marks of Etison,
and the use of those marks is strictly prohibited. Nothing herein gives You the
right to use, copy, register as a domain name, reproduce, or otherwise display
any logo, tagline, trademark, trade name, copyrighted material, patent, trade
dress, trade secret, or confidential information owned by Etison or any of Etison’s
You agree to protect, defend,
indemnify and hold harmless Etison, its 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 Etison for liability for payments for, damages
caused by, or other liability relating to, You.
VII. No Warranty; No Leads.
Etison does not promise, guarantee or
warrant Your business success, income, or sales. You understand and acknowledge
that Etison will not at any time provide sales leads or referrals to You.
Additionally, ETISON’S 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. ETISON MAKES NO REPRESENTATION OR WARRANTY AS TO THE
ACCURACY, RELIABILITY, TIMELINESS OR COMPLETENESS OF ANY MATERIAL ON OR
ACCESSIBLE THROUGH ANY ETISON WEBSITE OR SERVICE. ANY RELIANCE ON OR USE OF
SUCH MATERIALS SHALL BE AT YOUR SOLE RISK. ETISON MAKES NO REPRESENTATION OR
WARRANTY (A) THAT ANY ETISON WEBSITE OR SERVICE WILL BE AVAILABLE ON A TIMELY
BASIS, OR THAT ACCESS TO ANY ETISON WEBSITE OR SERVICE WILL BE UNINTERRUPTED,
ERROR-FREE OR SECURE; (B) THAT DEFECTS OR ERRORS WILL BE CORRECTED; OR (C) THAT
ANY ETISON’S WEBSITE OR THE SERVERS OR NETWORKS THROUGH WHICH ANY ETISON’S
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 Etison websites may include
inaccuracies, errors and materials that conflict with these Terms. In the event
of any conflict between anything posted on any Etison website and these Terms,
these Terms shall control.
VIII. Limitation of Liability.
YOU AGREE THAT IN NO EVENT SHALL ETISON’S
LIABILITY TO YOU FOR ANY CLAIM OF ANY KIND OR DESCRIPTION EXCEED THE AMOUNT OF
THREE (3) TIMES THE PAYMENTS PAID BY YOU TO ETISON FOR THE MONTH PRECEDING THE
DATE IN WHICH THE FACTS GIVING RISE TO A CLAIM AGAINST ETISON OCCURRED. YOU
WAIVE ANY RIGHT TO SPECIAL, INDIRECT OR CONSEQUENTIAL DAMAGES OF ANY KIND OR
IX. Force Majeure.
Etison 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 Etison. Delays due to any of the above causes shall not be deemed to be a
breach of or failure to perform under this Agreement. Etison shall not be
required against its will to adjust any labor or other similar dispute except
in accordance with applicable law.
X. Assignment of Rights.
Etison 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 Etison’s or its assigns express
XI. Information; Registration; User Names and Passwords
As a ClickFunnels User, You will be
required to create an account with Etison. 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. You are fully responsible
for all transactions with, and information conveyed to, Etison under Your User
Account. You agree to immediately notify Etison of any unauthorized use of Your
password or User name or any other breach of security related to Your User
account. You agree that Etison is not liable, and You will hold Etison
harmless, for any loss or damage arising from Your failure to comply with any
of the foregoing obligations.
XII. Release/Authorization to Use Photographs.
You grant Etison permission to use any
and all photographs taken by Etison or its agents or employees, or submitted by
You to Etison as well as all written endorsements of ClickFunnels that you send to us, or that you post on social media (photographs, social media posts, and messages sent to ClickFunnels are hereinafter referred to as “Photographs”) in any Media (including print,
internet, film, television and no matter how distributed or published) for any
purpose, which may include, but shall not be limited to, advertising,
promotion, marketing and packaging of Etison or any product or service sold and
marketed by Etison. You agree that this authorization to use Photographs may be
assigned by Etison to any other party. You agree that that the Photographs may
be combined with other Photographs, sounds, text and graphics, and that the
Photographs may be manipulated, cropped, altered or modified in Etison’s sole
discretion. You agree not to charge a royalty or fee, and not to make any other
monetary assessment against Etison in exchange for this Release and Assignment.
You hereby release and forever discharge Etison from any and all liability and
from any damages You may suffer as a result of the use of the Photographs. You
further acknowledge and agree that this Release is binding upon Your heirs and
assigns. You agree that this Release is irrevocable.
XIII. Prohibited Activity.
Etison has the right to terminate this
Agreement at any time if you engage or have ever engaged in any of the
A. HARMFUL ACTS. Any dishonest or
unethical business practice; any violation of the law; infliction of harm to
ClickFunnel’s reputation; and the violation of the rights of Etison or any
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 ClickFunnel’s 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
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; promoting the sale or use of illegal drugs (including but not limited to Marijuana derived CBD Oil), or that violates the
intellectual property rights of another.
Sending Policy and Best Practices.
Etison requires You to follow these best practices when sending electronic communications using our services:
Use only permission-based
marketing electronic communications lists (i.e., lists in which each recipient affirmatively opted-in to receiving those electronic communications).
Always include a working “unsubscribe”
mechanism in each marketing electronic communication that allows the recipient to
opt out from Your mailing list (receipt/transactional messages that are
exempt from “unsubscribe” requirements of applicable law are exempt from
Comply with all requests from
recipients to be removed from Your mailing list within the earlier of 10 days of receipt
of the request, or the deadline under applicable law.
Maintain, publish, and comply
Include in each electronic communications a
Include in each electronic communication Your valid physical mailing address or a link to that information.
Do not send electronic communications to addresses obtained
from purchased or rented lists.
Do not use third party electronic addresses, domain names, or mail servers without proper permission from the third party.
Do not routinely send electronic communications to non-specific addresses (e.g., email@example.com or
Do not send electronic communications that
result in an unacceptable number of spam or similar complaints (even if
the electronic communications themselves are not actually spam).
Do not disguise the origin, or
subject matter of, any electronic communications or falsify or manipulate the
originating message address, subject line, header, or transmission path
information for any electronic communication.
Do not send offers to obtain or attempt to obtain personal information, or generate leads, for third
Do not send “chain letters,”
“pyramid schemes,” or other types of electronic messages that encourage the
recipient to forward the content to strangers.
Do not send to lists of addresses
that are programmatically generated or scraped from the Web.
Do not employ sending practices,
or have overall message delivery rates, which negative impact our services or other users of our services.
Do not use our services to send
messages that may be considered junk mail. Some examples of this
type of messages include messaging related to: penny
stocks, gambling, multi-level marketing, direct to consumer
pharmaceutical sales, payday loans, etc.
COMPLIANCE WITH LAW. Your use of our services
must comply with all applicable laws, rules, regulations, and court orders
of any kind of any jurisdiction applicable to you, us, and any recipient
to whom you use our services to send Digital Messages (“Applicable Law”).
You have the responsibility to be aware of and understand all Applicable
Laws and ensure that you and all Users of your Account comply at all times
with Applicable Law. Some examples of Applicable Laws include: the
U.S. CAN-SPAM ACT, The E.U. Directive of Privacy and Electronic
Communications, the U.K. Privacy and Electronic Communications (EC
Directive) Regulations 2003; the Canada Anti-Spam Law (CASL) and/or any
similar law, laws relating to intellectual property, privacy, security,
terrorism, corruption, child protection, or import/export laws.
Commitment Against Harassment and
Interference with Others.
You must not use our services to:
Store, distribute or transmit any
malware or other material that you know, or have reasonable grounds to
believe, is or may be tortious, libelous, offensive, infringing,
harassing, harmful, disruptive or abusive; or
Commit (or promote, aid or abet)
any behavior, which you know, or have reasonable grounds to believe, is
or may be tortious, libelous, offensive, infringing, harassing,
harmful, disruptive or abusive. Examples may include Digital
Messages that are themselves are or promote racism, homophobia, or other
SENSITIVE INFORMATION. You will not import, or
incorporate into, any contact lists or other content You upload to any website, software, or other electronic service hosted or provided by Etison, any of the following information: social security
numbers, national insurance numbers, credit card data, passwords, security
credentials, bank account numbers, or sensitive personal, health or
financial information of any kind.
XV. Messaging Software.
If You use any Etison messaging software, including but not limited to Actionetics, Actionetics MD, or any other Etison-provided messaging software now existing or which may in the future be created, You agree that you will follow all applicable laws with respect to sending messages, including without limitation the federal Telephone Consumer Protection Act (“TCPA”). You further agree to indemnify and defend Etison from any claims, damages, losses, and lawsuits of any kind or nature that may be made against Etison relating in any way to your violation of law or third-party rights by use or misuse of any Etison messaging software. You further understand and agree that Etison has no control over, and therefore cannot be responsible for, the functionality or failures of any third party software, including without limitation Facebook, Facebook Messenger, and internet browser notifications. Etison DOES NOT WARRANT THAT ANY ETISON MESSAGING SOFTWARE WILL BE COMPATIBLE WITH ANY THIRD PARTY SOFTWARE.
If You have any questions or
complaints concerning any of the Terms, You may contact Etison 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.
XVII. Digital Millennium Copyright Act
If You believe that materials or
content available on any Etison website infringes any copyright You own, You or
Your agent may send Etison a notice requesting that Etison remove the materials
or content from the Etison website. If You believe that someone has wrongly
filed a notice of copyright infringement against You, You may send Etison a
counter-notice. Notices and counter-notices should be sent to Etison, Attention
Legal Department, at 3443 W. Bavaria Street. Eagle Idaho 83616, or by e-mail
XVIII. Arbitration, Governing Law, and Attorneys’ Fees.
A. ARBITRATION. Any claim or grievance
of any kind, nature or description that You have against Etison 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 Etison 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 Etison.
In the event that You and Etison are unable to reach agreement on an
Arbitrator, You and Etison 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 Etison 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 Etison 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 Etison 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 Etison
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
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 Etison from applying to and obtaining from any court having
jurisdiction a temporary injunction, preliminary injunction, permanent
injunction, or other relief available to protect Etison’s 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 attorneys’ fees, regardless of who is deemed the prevailing party.
The foregoing notwithstanding, if either You or Etison 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 attorneys’ fees incurred
on the motion to compel from the other Party.
XIX. Changes to Terms
Etison reserves the right to change
these Terms, in whole or in part, from time to time at Etison’s sole and
absolute discretion, and to provide You with notice of such change by any
reasonable means, including without limitation posting revised Terms
https://www.clickfunnels.com/terms. By Your continued use of Etison’s 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 Etison 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 Etison
under or related to these Terms must be in writing, addressed as follows:
What is GDPR? It is the EU Data Privacy Shield that becomes effective on May 25, 2018. It applies to any person or business that sells or markets goods or services to EU residents or
deals with personal data of those that reside under European Union. The "Personal Data"definition under GDPR is very broad as it covers any
information that could potentially identify the data subject being targeted.
Is ClickFunnels GDPR Compliant? We are working diligently toward being GDPR compliant and plan to provide specific updates to our terms by the effective date. We take the rights of others very seriously and will support our EU and all other subscribers through this framework as administered. For more information, view our GDPR Policy.
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