IMPORTANT – PLEASE CAREFULLY
READ AND UNDERSTAND THESE TERMS AND CONDITIONS OF USE & SALE BEFORE
ACCESSING, USING, OR SUBSCRIBING OR PLACING AN ORDER OVER WWW.CLICKFUNNELS.COM.
THESE TERMS CONTAIN DISCLAIMERS OF WARRANTIES AND LIMITATIONS OF
LIABILITIES (see Sections 11, 14, and 15).
THESE TERMS FORM AN ESSENTIAL BASIS OF OUR AGREEMENT. PLEASE PRINT AND RETAIN A COPY OF THIS AGREEMENT
FOR YOUR RECORDS.
use of www.clickfunnels.com (hereafter “Website”), which is owned
and maintained by Etison LLC d/b/a ClickFunnels (“ClickFunnels,” “we,” “our,”
governed by the terms and conditions set forth below. We offer the Website,
including all information, tools, and services available from the Website to
you, the user, conditioned upon your acceptance of all terms and conditions
stated here. By accessing, using,
subscribing, or placing an order over the Website, you and your business agree
to the terms set forth herein. If you do not agree to these terms and conditions in their
entirety, you are not authorized to use the Website in any manner or form
IS A BINDING AGREEMENT. THESE TERMS AND CONDITIONS
AND CLICKFUNNELS. THIS AGREEMENT GOVERNS
YOUR ACCESS TO AND USE OF THE WEBSITE AND THE SERVICES PROVIDED BY
CLICKFUNNELS, ANY ORDER YOU PLACE THROUGH THE WEBSITE, BY TELEPHONE, OR OTHER
ACCEPTED METHOD OF PURCHASE AND, AS APPLICABLE, YOUR USE OR ATTEMPTED USE OF
THE PRODUCTS OR SERVICES OFFERED ON OR AVAILABLE THROUGH THE WEBSITE.
THIS AGREEMENT CONTAINS
ARBITRATION AND CLASS ACTION WAIVER PROVISIONS THAT WAIVE YOUR RIGHT TO A COURT
HEARING, RIGHT TO A JURY TRIAL, AND RIGHT TO PARTICIPATE IN A CLASS
ACTION. ARBITRATION IS MANDATORY AND IS
THE EXCLUSIVE REMEDY FOR ANY AND ALL DISPUTES UNLESS SPECIFIED BELOW IN SECTION
ClickFunnels reserves the right
to update and change, from time to time, these Terms and all documents
incorporated by reference by
posting updates and/or changes to our Website.
It is your responsibility to check this page periodically for changes. You can find the most recent
version of these Terms at https://signup.clickfunnels.com/user-terms. Use of the Website after such changes constitutes
acceptance of such changes. Any new features or tools which are
added to the current Website shall also be subject to the Terms.
Table of Contents
1. Website Use
User Conduct and Restrictions-License Terms
You Provide; Registration; Passwords; Prohibition Against Hosting
Third-Party Agency Accounts
Placement and Acceptance
for Hard Goods
OFFER, AUTOMATIC ENROLLMENT AND PAYMENT, AND CANCELLATION
TERMS AND AUTOMATIC PAYMENT
Services, and Prices Available on the Website
- YOUR BUSINESS’ INDIVIDUAL SUCCESS WILL VARY
12. Your Responsibilities in Running Your Business
13. Optional Order "Round Ups" for Charitable Donations and Potential Tax Implications
ClickFunnels Affiliate Program
Reviews, and Pictures/Videos
OF OTHER WARRANTIES
RESOLUTION BY MANDATORY BINDING ARBITRATION AND CLASS ACTION WAIVER
19. ClickFunnels’ Additional Remedies
and Takedown Procedures; Copyright Agent
Law and Venue
to the Agreement
Additional Representations and Warranties
SECTION 1 – WEBSITE USE
The Website is intended
for businesses operated by adults. If you use the Website, you are affirming that you are at least 18 years
old or the legal age of majority in your state or province of residence
(whichever is greater), operate a business, have the legal capacity to enter
into a binding contract with us, and have read this Agreement and understand
and agree to its terms.
SECTION 2 – WEBSITE USER CONDUCT AND RESTRICTIONS-LICENSE TERMS
aspects of our Website are protected by U.S. and international copyright,
trademark, and other intellectual property laws, including all content,
information, design elements, text material, logos, taglines, metatags,
hashtags, photographic images, testimonials, personal stories, icons, video and
audio clips, and downloads. No material
on the 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 ClickFunnels, 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 ClickFunnels.
Subject to your continued strict compliance with all Terms,
provides to you a revocable, limited,
non-exclusive, royalty-free, non-sublicenseable, non-transferrable license to
use the Website. You acknowledge and
agree that you do not acquire any ownership rights in any material protected by
intellectual property laws.
If you purchase a subscription to ClickFunnels software over
the Website, ClickFunnels
provides to you a revocable, limited,
non-exclusive, non-sublicenseable, non-transferrable license to use the
software. You acknowledge and agree
that: (1) the software is copyrighted material under United States and international copyright
laws that is exclusively owned by ClickFunnels; (2) you do not acquire any ownership rights in the software; (3)
not modify, publish, transmit, participate in the transfer or sale, or create
derivative works from the content of the software; (4) except as otherwise
expressly permitted under copyright law, you may not copy, redistribute,
publish, display or commercially exploit any material from the software without
the express written permission of ClickFunnels; and (5) in the event of any
permitted copying (e.g., from the Website to your computer system), no changes
in or deletion of author attribution, trademark, legend or copyright notice
shall be made.
You agree not to use
or attempt to use the Website or any software in any unlawful manner or a
manner harmful to ClickFunnels. You
further agree not to commit any harmful or unlawful act or attempt to commit
any harmful or unlawful act on or through the Website or use of the software including,
but not limited to, refraining from:
A. HARMFUL ACTS. Any dishonest or
unethical business practice; any violation of the law; 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.
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; 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.
We respect your privacy and the
use and protection of your non-public, personal information. Your submission of personal information
incorporated into this Agreement by reference.
SECTION 4 – INFORMATION YOU
PROVIDE; REGISTRATION; PASSWORDS; PROHIBITION AGAINST HOSTING THIRD-PARTY
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 20 below for additional information.
SECTION 5 – ORDER PLACEMENT AND ACCEPTANCE
you order a service or product, payment must be received by us before your
order is accepted. We may require
additional information regarding your order if any required information was
missing or inaccurate, and may cancel or limit an order any time after it has
been placed. Your electronic order
confirmation, or any form of confirmation, does not signify our acceptance of
your order. You must contact us immediately
at email@example.com in order to modify
or cancel your pending order. We cannot
guarantee that we will be able to amend your order in accordance with your
All items are
subject to availability. We will notify
you if any item is not available, the expected availability date, and may offer
you an alternative product or service.
If the availability of any product or service is delayed and you do not
wish to substitute the product or service, upon your request, we will cancel
your order and if previously charged, your payment card will be fully refunded
for that specific order. We reserve the right to limit the sales of our products and services to any
person, geographic region, or jurisdiction.
We may exercise this right on a case-by-case basis at our sole and
Your purchase order of
products and other services is conditioned on you re-affirming your acceptance
of this Agreement.
prices are in, and all payments shall be in, U.S. Dollars.
SECTION 6 – REFUNDS FOR HARD GOODS
If you have
purchased a “hard good” (for example, a book or other tangible product) from
ClickFunnels or any related brands, you may receive a limited refund if you
comply with the following conditions:
1. You must request a refund in writing by contacting firstname.lastname@example.org;
2. Your request for a refund must be made within thirty (30) days of your
3. You must return the hard goods to ClickFunnels immediately, according to
the shipping and other instructions you will receive by email after requesting
4. The hard goods must be returned to ClickFunnels in like-new, or
re-sellable condition, as determined in ClickFunnels’ sole, reasonable
SECTION 7 - TRIAL OFFER,
AUTOMATIC ENROLLMENT AND PAYMENT, AND CANCELLATION
we offer you a free trial of ClickFunnels, such free trial will start
immediately after your registration and continue for the free trial offer
period as indicated on the Website at the time you register. Free trial subscriptions are only available
to new subscribers of ClickFunnels and for the limited periods as set out on
the Website. Previous subscribers or
those subscribers who have already benefited from a free trial subscription to ClickFunnels
do not qualify for a further free trial period.
If you do not want to continue your subscription
after your free trial comes to an end, you must contact
us at least 24 hours before your free trial period ends by submitting a
cancellation request to us via our support email address email@example.com,
or by cancelling your free trial through your Account Dashboard, as detailed at
https://help.clickfunnels.com/hc/en-us/articles/360011803514-How-to-cancel-your-ClickFunnels-account If you
do not contact us at least 24 hours before your free trial period ends to
cancel, your subscription will automatically continue and
the payment card that you provided at the time of enrolment online will be
charged the full ClickFunnels monthly membership subscription rate provided at
the time of enrollment each month until you cancel. ClickFunnels can change the monthly
membership subscription rate at any time.
If the membership subscription rate changes after you subscribe, we will
notify you by e-mail and give you an opportunity to cancel.
wish to cancel your ClickFunnels subscription at any time after a free trial or
discounted period ends, you must submit a cancellation request to us via our
support email address firstname.lastname@example.org or through your Account Dashboard, as
detailed at https://help.clickfunnels.com/hc/en-us/articles/360011803514-How-to-cancel-your-ClickFunnels-account For monthly
subscriptions, we require at least ten (10) days’ notice of cancellation by e-mail. If you provide such notice less than ten (10)
days before the first day of your next subscription 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 ClickFunnels.
SECTION 8 – SUBSCRIPTION
TERMS AND AUTOMATIC PAYMENT
user is responsible for paying all sums due to ClickFunnels in connection with
their monthly subscription in accordance with these Terms. The first fee payable in accordance with
these Terms is due when the user account is set up and payment of the monthly
fee is a condition of access, or after your free trial ends and you have not
canceled the automatic subscription with us.
Every calendar month, your account will be charged the subscription fee plus
applicable tax for the following month’s subscription, together with any other
fees for the following month’s subscription plus any accumulated charges for
the past period (collectively, “Fees”).
Failure by the ClickFunnels user to use any of the services available through
the service provided by ClickFunnels does not relieve the ClickFunnels user of their
payment obligations under these Terms.
users can pay by credit card or debit card.
Payment details shall be collected by us through our secure financial data
collection mechanism. You acknowledge and agree that we hold data relating to
the transaction, including the last four digits and the expiration date of the
card used to purchase the products or services together with details on when
payment is due. The ClickFunnels user further acknowledges and agrees that payments are
due on a recurring basis in accordance with the payment terms for the specific service
purchased (unless the subscription is cancelled in accordance with these Terms)
and therefore authorizes the automatic payment collection terms applicable to
that specific service (e.g., on a
monthly basis and for a specific amount).
IF YOU ARE A
CLICKFUNNELS USER WITH A MONTHLY SUBSCRIPTION AND YOU HAVE PROVIDED US WITH A
VALID CREDIT OR DEBIT CARD NUMBER OR AN ALTERNATE PAYMENT METHOD, EACH PAYMENT
WILL BE AUTOMATICALLY PROCESSED AT THE TIME OF YOUR DESIGNATED PAYMENT DATE
(MONTHLY) AND WILL BE BILLED TO THE PAYMENT METHOD YOU PROVIDED TO US AT THE
TIME OF YOUR ENROLLMENT. IF YOU WISH TO
CANCEL YOUR SUBSCRIPTION TO CLICKFUNNELS, YOU MAY DO SO THROUGH YOUR ACCOUNT
DASHBOARD OR BY E-MAILING SUPPORT@CLICKFUNNELS.COM AT LEAST TEN
(10) DAYS BEFORE THE FIRST DAY OF YOUR NEXT SUBSCRIPTION MONTH.
reserves the right to immediately terminate a user’s account and/or service for
any unpaid (in whole or part) period of the subscription (with or without
notice). Termination of service in no
way relieves or excuses the user from any obligation to pay outstanding charges
or expenses. In the event ClickFunnels
starts collection processes of any type, you will be liable for all collection
costs, including legal fees and expenses, as provided in Section 20 below.
addition to any Fees, ClickFunnels may also charge applicable value added or
SECTION 9 – SHIPPING FEES
stated on the Website at the time of purchase, if we ship you a physical
product, we reserve the right to add applicable shipping and handling fees to
your order. Unless otherwise stated, we
will use commercially reasonable efforts to fulfill your order within a
reasonable time after receipt of your properly completed and verified
order. Accurate shipping address and
phone number information is required. Although we may provide delivery or
shipment timeframes or dates, such dates are good-faith estimates and are
subject to change. If your order will be
delayed, we will contact you at the e-mail address you provided when placing
your order. If we are unable to contact
you or you would like to cancel your order, we will cancel the order and refund
the full amount charged. We shall not be
liable for any loss, damage, cost, or expense related to any delay in shipment
or delivery caused by any third party carrier or other delivery service not
owned or controlled by us. The risk of
loss and title for such items pass to you upon our delivery to any third party
SECTION 10 – PRODUCTS, SERVICES, AND PRICES AVAILABLE ON THE
Products, services, and prices are generally posted at the following URL,
but are subject to change: https://www.clickfunnels.com/signupchart. ClickFunnels reserves the right, without notice, to discontinue products or
services or modify specifications and prices on products and services without
incurring any obligation to you. Except
as otherwise expressly provided for in these Terms, any price changes to your
subscription or purchase of product(s) or services will take effect following
email notice to you.
Price changes are
effective on the first day of the month after the price change is posted. By
accessing, using, subscribing or placing an order over the Website, you
authorize ClickFunnels to charge your account 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 ClickFunnels services, and unless
you terminate your subscription as provided herein, you agree that ClickFunnels
may charge your credit card monthly for the products and services you have
selected, and you consent to any price changes for such services after e-mail
notice has been provided to you.
ClickFunnels takes reasonable steps in an effort to insure that the prices set
forth on the Website are correct, and to accurately describe and display the
items available on the Website. If the
correct price of our product is higher than its stated price, we will, at our
discretion, either contact you for instructions or cancel your order and notify
you of such cancellation.
When ordering products or services, please note that ClickFunnels does not warrant that
product or service descriptions are accurate, complete, current, or error-free,
or that packaging will match the actual product that you receive. All sales are deemed final except as provided
in Section 6 of these Terms. ClickFunnels’
descriptions of, or references to, products or services not owned by ClickFunnels are not intended to imply
endorsement of that product or service, or constitute a warranty by ClickFunnels.
SECTION 11 – DISCLAIMER - YOUR
BUSINESS’ INDIVIDUAL RESULTS WILL VARY
Every online business
is different, employing different strategic approaches and organizational
structures, and offering different products and services. Therefore, individual results will vary from
user to user. YOUR BUSINESS’ INDIVIDUAL RESULTS WILL VARY DEPENDING UPON A
VARIETY OF FACTORS UNIQUE TO YOUR BUSINESS, INCLUDING BUT NOT LIMITED TO YOUR
CONTENT, BUSINESS MODEL, AND PRODUCT AND SERVICE OFFERINGS.
does not promise, guarantee, or warrant your business’ success, income, or
sales. You understand and acknowledge that ClickFunnels will not at any time
provide sales leads or referrals to you or your business. Those businesses who purchase
our products or services will receive access to software and tools to create
Internet sales funnels and otherwise assist with their respective online
offerings. However, we do not guarantee
your business’ success and based upon many market factors that we cannot
control, the software and tools we provide may or may not be applicable to your
specific business. Further, we do not
make earnings claims, efforts claims, return on investment claims, or claims
that our software, tools, or other offerings will make your business any
specific amount of money, and it is possible that you will not earn your investment
back. We do not sell a business
opportunity, “get rich quick” program, guaranteed system, franchise system, or
a business in a box. You should not
purchase our products or services if that is your expectation. Instead, you should purchase with the
understanding that using the information and software purchased will take time
and effort and may be applicable in some situations but not others. Also, we do not offer any tax, accounting,
financial, or legal advice. You should
consult your business’ accountant, attorney, or financial advisor for advice on
SECTION 12 – YOUR RESPONSIBILITES IN RUNNING YOUR BUSINESS
You are solely and exclusively responsible for complying with any and all applicable laws and regulations in running your business, including, but not limited to, all laws governing advertising and marketing claims, subscriptions, refunds, premium offers, tax laws, and all additional laws applicable to your business. ClickFunnels shall have no liability for your violation of any laws. You are solely and exclusively responsible for collecting and reporting any and all sales and use tax, and any other taxes, which may apply to sales of products or services by your business including, but not limited to, taxes which may apply to voluntary donations provided by your customers. ClickFunnels shall not be responsible to collect or report any taxes which may apply to your business or sales of products or services by your business. You agree to indemnify ClickFunnels as set out in Section 20 below in the event that you and/or your business violates any law and a claim is threatened or asserted against ClickFunnels as a result.
SECTION 13 – OPTIONAL ORDER “ROUND UPS” FOR CHARITABLE DONATIONS AND POTENTIAL TAX IMPLICATIONS
ClickFunnels, in its sole and exclusive discretion, may provide an opportunity for you and customers of your online business to voluntarily “round up” purchases at checkout by various dollar amounts, such as one, three, five, or ten dollars, to be donated to charities of ClickFunnels’ choosing. You agree that such “round up” donation amounts shall not be charged as a separate charge to your customer, but shall be included in a single charge for the total purchase price charged to your customer. You understand and agree that such donations may be subject to sales tax, and that it is your sole and exclusive responsibility to collect and report such tax for sales to your customers. You further understand and agree that “round up” donations may not be tax deductible. You understand and agree that ClickFunnels shall have the sole and exclusive discretion to determine which charities will receive the donations, and when the donations will be transmitted to such charities.
SECTION 14 – INDEPENDENT CLICKFUNNELS
may offer you an opportunity to become an independent ClickFunnels Affiliate (“Affiliate”),
wherein you have the opportunity to earn money from (i) commissions for
ClickFunnels accounts that you sell to other users, and (ii) bonuses when the
people you sell to sell to others. ClickFunnels reserves the sole and exclusive right to
determine the amount of remuneration each Affiliate will receive in exchange
for the Affiliate’s efforts.
WITH LAWS. Affiliates must comply with all laws, both U.S. and foreign,
including, but not limited to, laws prohibiting deceptive and misleading
advertising and marketing, e-mail marketing laws (including the federal
CAN-SPAM Act (15
U.S.C. § 7701)),
telemarketing laws (including the federal Telephone Consumer Protection Act (47
U.S.C. § 227) and the Federal Trade Commission’s Telemarketing Sales Rule (16
C.F.R. § 310)), laws governing testimonials (including the Federal Trade Commission’s
Revised Endorsements and Testimonials Guides (16 CFR Part 255)), and/or any
similar laws, laws relating to intellectual property, privacy, security,
terrorism, corruption, child protection, or import/export laws. Affiliates are solely responsible for
ensuring their compliance with all applicable laws, rules, regulations, and
court orders of any kind of any jurisdiction applicable to you and your
business, and any recipient to whom you send digital messages using our
products or services. You have the responsibility to be aware of, understand,
and comply with all applicable laws and ensure that you and all users of your
account comply with such applicable laws at all times.
If you use any ClickFunnels
messaging software, including but not limited to Actionetics, Actionetics MD,
or any other ClickFunnels-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. You further agree to indemnify and defend ClickFunnels
from any claims, damages, losses, and lawsuits of any kind or nature that may
be made against ClickFunnels relating in any way to your violation of law or
third-party rights by use or misuse of any ClickFunnels messaging software. You
further understand and agree that ClickFunnels 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. ClickFunnels DOES NOT WARRANT THAT ANY CLICKFUNNELS
MESSAGING SOFTWARE WILL BE COMPATIBLE WITH ANY THIRD PARTY SOFTWARE.
HARASSMENT AND INTERFERENCE WITH OTHERS. You must not use our services
to: (i) 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
(ii) commit, 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 e-mails or other digital messages that promote racism, homophobia, or
other hate or offensive speech.
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 ClickFunnels, 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.
In addition to the
foregoing, ClickFunnels 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 this requirement).
- Comply with all requests from
recipients to be removed from your mailing list within the earlier
of ten (10) days of receipt of the request, or the deadline
under applicable law.
- Maintain, publish, and comply with
not you control the sending of the electronic communications, and include
- Include in each electronic
to that electronic communication.
- Include in each electronic
communication your valid physical mailing address or a link to that
- 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 firstname.lastname@example.org).
- Do not engage in spamming.
- 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 Internet.
- Do not employ sending practices,
or have overall message delivery rates, which may cause harm to 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, but are not limited to, messaging related to
penny stocks, gambling, multi-level marketing, direct to consumer
pharmaceutical sales, and payday loans.
Affiliates are independent contractors and are not employees or
agents of ClickFunnels. Affiliates have
no authority to act on behalf of or bind ClickFunnels. Affiliates shall be solely and exclusively
responsible for all costs and other expenses incurred. Sections 18 and 20 below – in their entirety
(as well as all other terms in this Agreement) – apply to Affiliates, and
further govern the relationship between ClickFunnels and each Affiliate.
To find out more information about the Affiliate
program and the additional terms that apply, please click here.
SECTION 15 – TESTIMONIALS, REVIEWS, AND PICTURES/VIDEOS
ClickFunnels is pleased to
hear from users and customers and welcomes your comments regarding our services
and products. ClickFunnels may use testimonials and/or product reviews in whole or in
part together with the name, city, and state of the person submitting it. Testimonials may be used for any form of
activity relating to ClickFunnels’
services or products, in printed and online
media, as ClickFunnels determines in its sole and exclusive discretion. Testimonials represent the unique experience
of the participants and customers submitting the testimonial, and do not
necessarily reflect the experience that you and your business may have using
our services or products. As set forth
above in Section 11, your business’ results will vary depending upon a variety
of factors unique to your business and market forces beyond ClickFunnels’
Anything that you submit or post to the Website and/or
provide us, including without limitation, photographs, testimonials, ideas,
know-how, techniques, questions, reviews, comments, and suggestions is and will
be treated as non-confidential and nonproprietary, and we shall have the
royalty-free, worldwide, perpetual, irrevocable, and transferable right to use,
copy, distribute, display, publish, perform, sell, lease, transmit, adapt, and create
derivative works from such submissions by any means and in any form, and to
translate, modify, reverse-engineer, disassemble, or decompile such submissions.
Additionally, ClickFunnels reserves
the right to correct grammatical and typing errors, to shorten testimonials
prior to publication or use, and to review all testimonials prior to
publication or use. ClickFunnels shall be under no obligation to use any, or any part of,
any testimonial or product review submitted.
SECTION 16 – DISCLAIMERS OF OTHER WARRANTIES
EXCEPT WHERE OTHERWISE INAPPLICABLE OR PROHIBITED BY
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, OR NONINFRINGEMENT OF THIRD PARTY RIGHTS, ARE
HEREBY DISCLAIMED TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW.
SECTION 17 – LIMITATIONS OF LIABILITIES
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.
SECTION 18 – DISPUTE RESOLUTION BY MANDATORY BINDING ARBITRATION
AND CLASS ACTION WAIVER
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.
Payment of all filing, administration, and arbitrator fees will be governed by the AAA’s Rules. In all other respects, the parties shall each pay their own additional fees, costs, and expenses, including, but not limited to, those for any attorneys, experts, documents, and witnesses.
The arbitrator shall follow the substantive law of the State of Idaho without regard to its conflicts of laws principles. Any award rendered shall include a confidential written opinion and shall be final, subject to appeal under the Federal Arbitration Act, 9 U.S.C. §§ 1-16, as amended. Judgment on the award rendered by the arbitrator may be entered in any court of competent jurisdiction.
You and ClickFunnels agree that disputes will only be arbitrated on an individual basis and shall not be consolidated, on a class wide, representative basis, or with any other arbitration(s) or other proceedings that involve any claim or controversy of any other party. You and ClickFunnels expressly waive any right to pursue any class or other representative action against each other.
Failure or any delay in enforcing this arbitration provision in connection with any particular claim will not constitute a waiver of any rights to require arbitration at a later time or in connection with any other claims except that all claims must be brought within 1 year after the claim arises (the 1 year period includes the 120-day informal resolution procedures described above).
This arbitration provision sets forth the terms and conditions of our agreement to final and binding confidential arbitration and is governed by and enforceable under the Federal Arbitration Act, 9 U.S.C. §§ 1-16, as amended.
This provision survives termination of your account or relationship with ClickFunnels, bankruptcy, assignment, or transfer. If the class action waiver is deemed unenforceable (i.e., unenforceability would allow arbitration to proceed as a class or representative action), then this entire arbitration provision shall be rendered null and void and shall not apply. If a portion of this arbitration provision (other than the class action waiver) is deemed unenforceable, the remaining portions of this arbitration provision shall remain in full force and effect.
YOU UNDERSTAND THAT YOU AND YOUR BUSINESS WOULD HAVE HAD A RIGHT TO LITIGATE THROUGH A COURT, TO HAVE A JUDGE OR JURY DECIDE YOUR CASE, AND TO BE PARTY TO A CLASS OR REPRESENTATIVE ACTION. HOWEVER, YOU UNDERSTAND AND AGREE TO HAVE ANY CLAIMS DECIDED INDIVIDUALLY AND ONLY THROUGH BINDING, FINAL, AND CONFIDENTIAL ARBITRATION IN ACCORDANCE WITH THIS ARBITRATION PROVISION.
SECTION 19 – CLICKFUNNELS’ ADDITIONAL REMEDIES
In order to prevent or limit irreparable injury to ClickFunnels, in the event of any breach or threatened breach by you of the provisions of this Agreement or any infringement or threatened infringement by you of the intellectual property of ClickFunnels or a third-party, ClickFunnels shall be entitled to seek a temporary restraining order and preliminary and permanent injunctions or other equitable relief from a court of competent jurisdiction located in Ada County, Idaho restraining such breach, threatened breach, infringement, or threatened infringement. Nothing in this Agreement shall be construed as prohibiting ClickFunnels from pursuing in court any other remedies available to it for such breach, threatened breach, infringement, or threatened infringement, including the recovery of monetary damages from you and your business. You and your business hereby irrevocably consent to the exclusive personal jurisdiction of, and exclusive venue in, the courts of Ada County, Idaho for all such claims, and forever waive any challenge to said courts’ exclusive jurisdiction or venue.
SECTION 20 – INDEMNIFICATION
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.
SECTION 21 – 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 e-mail to email@example.com. These Terms fully incorporate by reference
the DMCA Policy.
SECTION 22 – THIRD-PARTY LINKS
SECTION 23 – TERMINATION
This Agreement will take effect (or shall re-take effect) at the time you click “ACTIVATE MY ACCOUNT NOW,” “PAY NOW,” “ORDER NOW”, “SUBMIT”, “BUY NOW”, “PURCHASE”, “I ACCEPT”, “I AGREE” or similar links or buttons, otherwise submit information through the Website, respond to a request for information, begin installing, accessing, or using the Website, complete a purchase, select a method of payment, and/or enter in payment method information, whichever is earliest. If, in our sole discretion, you fail, or we suspect that you have failed, to comply with any term or provision of the Agreement, we may terminate the Agreement or suspend your access to the Website at any time without notice to you. Sections 11, 16 through 20, and 25 through 32 of this Agreement, as well as any representations, warranties, and other obligations made or undertaken by you, shall survive the termination of this Agreement and/or your account or relationship with ClickFunnels.
Upon termination, you remain responsible for any outstanding payments to ClickFunnels.
SECTION 24 – 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.
SECTION 25 – GOVERNING LAW AND VENUE
Agreement and any issue or dispute arising out of or otherwise related to this
or any matter concerning ClickFunnels, including your purchase and use or
attempted use of any service or product, shall be governed exclusively by the
laws of State of Idaho without regard to its conflicts of laws
principles. To the extent that any claim or dispute is found by the arbitrator or (if proper) a court of competent jurisdiction to be excluded from the arbitration agreement in Section 18 above, the parties agree any such claim or dispute shall be exclusively brought in and decided by the state or federal courts located in Ada County, Idaho, and you hereby irrevocably consent to the exclusive personal jurisdiction of, and exclusive venue in, such courts, and forever waive any challenge to said courts’ exclusive jurisdiction or venue. All such claims must be brought on an individual and non-class, non-representative basis, and you forever waive any right to bring such claims on a class wide or representative basis.
SECTION 26 – FORCE MAJEURE
ClickFunnels will not be responsible to you for any delay, damage, or
failure caused or occasioned by any act of nature or other causes beyond our
SECTION 27 – ASSIGNMENT
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
SECTION 28 – ELECTRONIC SIGNATURE
All information communicated on the Website is considered an electronic communication. When you communicate with ClickFunnels through or on the Website or via other forms of electronic media, such as e-mail, you are communicating with the company electronically. You agree that we may communicate electronically with you and that such communications, as well as notices, disclosures, agreements, and other communications that we provide to you electronically, are equivalent to communications in writing and shall have the same force and effect as if they were in writing and signed by the party sending the communication.
SECTION 29 – CHANGES TO THE AGREEMENT
You can review the most current version of the Terms at
any time at https://signup.clickfunnels.com/user-terms. We reserve the right, at our sole discretion,
posting updates and changes to our Website.
It is your responsibility to check our Website periodically for
changes. Your continued use of or access
to our Website following the posting of any changes to the Agreement
constitutes acceptance of those changes.
SECTION 30 – YOUR ADDITIONAL REPRESENTATIONS AND WARRANTIES
You hereby further represent and warrant: (1) that you are at least eighteen (18) years of age, or the legal age of majority in your jurisdiction, whichever is greater; (2) that you own, operate, and/or have the right to bind the business for which you are using the Website; (3) have read this Agreement and thoroughly understand and agree to the terms contained in this Agreement; and (4) that you will not re-sell, re-distribute, or export any product or service that you order from the Website. You further represent that ClickFunnels has the right to rely upon all information provided to ClickFunnels by you, and ClickFunnels may contact you and your business by email, telephone, or postal mail for any purpose, including but not limited to (i) follow-up calls, (ii) satisfaction surveys, and (iii) inquiries about any orders you placed, or considered placing, on or through the Website.
SECTION 31 – SEVERABILITY
If any provision of this Agreement is found by the arbitrator or (if proper) a court of competent jurisdiction to be invalid or unenforceable, the remaining provisions shall not be affected thereby and shall continue in full force and effect and such provision may be modified or severed from this Agreement to the extent necessary to make such provision enforceable and consistent with the remainder of the Agreement.
SECTION 32 – ENTIRE AGREEMENT
These Terms, the Agreement, and any policies or operating rules posted by us on the Website or in respect to the Website constitutes the entire agreement and understanding between you and your business and ClickFunnels and governs your access and use of the Website and your ordering, purchasing, and use and/or attempted use of any service or product, and supersedes and replaces any prior or contemporaneous agreements, representations, communications, and proposals, whether oral or written, between you and ClickFunnels. We may also, in the future, offer new services and/or features through the Website. Such new features and/or services shall also be subject to these Terms, the Agreement, and any policies or operating rules posted by us on the Website. Any ambiguities in the interpretation of these Terms or the Agreement shall not be construed against the drafting party.
SECTION 33 – CONTACTING US
encourage our customers to contact us with questions or comments about our
products and services. Please feel free
to do so by sending an e-mail to firstname.lastname@example.org.
have any questions or inquiries concerning any of the Terms, you may contact ClickFunnels
by e-mail at email@example.com, or by regular mail at
3443 W. Bavaria Street, Eagle, Idaho 83616.
For additional inquiries, please feel
free to send an email to the relevant address listed below.
Spam or Abuse: firstname.lastname@example.org
For General Support and
Notices to you may
be made by posting a notice (or a link to a notice) on https://signup.clickfunnels.com/user-terms
by e-mail, or by regular mail, at ClickFunnels’ discretion.
Copyright 2019 -
ClickFunnels - All Rights Reserved