TERMS AND CONDITIONS
End User Agreement
Website usage terms and conditions – sample template Welcome to our website. If
you continue to browse and use this website you are agreeing to comply with and
be bound by the following terms and conditions of use, which together with our privacy
policy govern this websites relationship with you in relation to this website.
The term ‘us’ or ‘we’ refers to the owner of the website.
The term ‘you’ refers to the user or viewer of our website.
The content of the pages of this website is for your general information and use
only. It is subject to change without notice.
Neither we nor any third parties provide any warranty or guarantee as to the accuracy,
timeliness, performance, completeness or suitability of the information and materials
found or offered on this website for any particular purpose. You acknowledge that
such information and materials may contain inaccuracies or errors and we expressly
exclude liability for any such inaccuracies or errors to the fullest extent permitted
Your use of any information or materials on this website is entirely at your own
risk, for which we shall not be liable. It shall be your own responsibility to ensure
that any products, services or information available through this website meet your
This website contains material which is owned by or licensed to us. This material
includes, but is not limited to, the design, layout, look, appearance and graphics.
Reproduction is prohibited other than in accordance with the copyright notice, which
forms part of these terms and conditions.
All trademarks reproduced in this website, which are not the property of, or licensed
to the operator, are acknowledged on the website.
Unauthorized use of this website may give rise to a claim for damages and/or be
a criminal offence.
From time to time this website may also include links to other websites. These links
are provided for your convenience to provide further information. They do not signify
that we endorse the website(s). We have no responsibility for the content of the
how it protects and manages the personal information that it collects from you (the
1. Consent for Collection, Use and Disclosure
Your use of the NicheBuilder.com (ClickFindGet, Inc) site and/or your registration
for NicheBuilder.com (ClickFindGet, Inc) products and services constitute your consent
Policy, please do not use the NicheBuilder.com (ClickFindGet, Inc) site.
NicheBuilder.com (ClickFindGet, Inc) collects, at the time of your registration
and your sign-on to its web site, certain "personal information" (information that
personally identifies you) including but not limited to your name, email address,
and information about your computer hardware and software (e.g., IP address, operating
system, browser type, domain name, URL, access times, and referring web site addresses).
NicheBuilder.com (ClickFindGet, Inc) has taken responsibility for your personal
3. Purposes for Collecting Personal Information
NicheBuilder.com (ClickFindGet, Inc) collects and uses personal information for
the following Identified Purposes:
To understand customer needs regarding NicheBuilder.com (ClickFindGet, Inc)’s services
To develop and provide our web site and our products and services for our customers
To fulfill your requests for products, services or information
To communicate with customers and site visitors, when necessary, and to inform customers
of upgrades, as well as of other products and services available from NicheBuilder.com
(ClickFindGet, Inc), its affiliates and third parties
To allow customers to access limited-entry areas of NicheBuilder.com (ClickFindGet,
To personalize some of our services and products for you and to deliver targeted
advertisements and offers from NicheBuilder.com (ClickFindGet, Inc) and third parties
To protect the services, products or rights of NicheBuilder.com (ClickFindGet, Inc),
including but not limited to the security or integrity of the NicheBuilder.com (ClickFindGet,
To identify and resolve technical problems concerning NicheBuilder.com (ClickFindGet,
Inc)’s site, products and services
NicheBuilder.com (ClickFindGet, Inc) also uses personal information in an aggregate
form (i.e., not individually attributable to you) for its business analysis, operational,
marketing and other promotional purposes.
4. Limiting the Collection of Personal Information
NicheBuilder.com (ClickFindGet, Inc) limits its collection of personal information
to only that information which is necessary for the Identified Purposes. NicheBuilder.com
(ClickFindGet, Inc) does not direct its site to, nor does it knowingly collect any
personal information from children under the age of thirteen.
When you visit the NicheBuilder.com (ClickFindGet, Inc) web site, a cookie may be
placed on your computer or the cookie may be read if you have visited the NicheBuilder.com
to allow NicheBuilder.com (ClickFindGet, Inc) to determine which products and services
you have already purchased so that NicheBuilder.com (ClickFindGet, Inc) does not
provide redundant information to you, and, if you are an NicheBuilder.com (ClickFindGet,
Inc) affiliate, to track NicheBuilder.com (ClickFindGet, Inc) sales made to customers
referred by you so that you can receive compensation under our affiliate program.
If you choose to not have your browser accept cookies from the NicheBuilder.com
(ClickFindGet, Inc) web site, you may not be able to view all the text on the screens,
or to experience a personalized visit, or to subscribe to certain service and product
offerings on the NicheBuilder.com (ClickFindGet, Inc) site.
5. Disclosure, Processing and Retention
NicheBuilder.com (ClickFindGet, Inc) does not sell, rent or disclose your personal
information to anyone else.
In addition, as we continue to develop our business, we may sell or buy other businesses
or entities, or we may merge with another company. In such transactions, personal
information may be one of the transferred business assets. Also, in the event that
NicheBuilder.com (ClickFindGet, Inc) or substantially all of its assets are acquired,
your personal information may be one of the transferred assets.
6. Security Safeguards
NicheBuilder.com (ClickFindGet, Inc) will use reasonable efforts to protect customers’
END USER AGREEMENT
This Hosting Agreement (this "Agreement") is made and entered into by and between
ClickFindGet, Inc, a Florida corporation (the "Host"), and You, Your heirs, agents,
successors and assigns ("Client") (each being referred to individually as a "Party"
and collectively as the "Parties"), and is made effective as of the date of electronic
A. Host is in the business of offering Internet services relating
to, among other things, hosting of sites on the World Wide Web portion of the Internet,
and Host is willing to provide services to Client on the terms and subject to the
conditions set forth below; and
B. Client desires to engage Host, and Host desires to be engaged
by Client, to provide Internet services on the terms and subject to the conditions
set forth below.
NOW, THEREFORE, in consideration of the mutual promises set forth
herein, and for other good and valuable consideration, the receipt and sufficiency
of which is hereby acknowledged, Host and Client hereby agree as follows:
This Agreement shall be effective when signed by both Parties (the "Effective
Date") and thereafter shall remain in effect for one (1) month, unless earlier
terminated as otherwise provided in this Agreement (the "Initial Term"). This Agreement
shall automatically be renewed beyond the Initial Term for additional one (1) month
terms (each a "Renewal Term") unless earlier terminated as otherwise provided in
1. Host agrees to provide Client with services for hosting of a
website on the World Wide Web portion of the Internet (the "Website") as set forth
or described in SERVICES TO BE PROVIDED hereto (the "Hosting Services"). Host shall
provide the Hosting Services so that the Website is accessible to third Parties
via the World Wide Web portion of the Internet as specified in this Agreement.
2. Except as expressly provided in this Agreement, Client agrees
that Host is responsible only for providing the Hosting Services, and Host is not
responsible for providing any other services or tasks not specifically set forth
in SERVICES TO BE PROVIDED.
3. To the extent that Client wishes to receive from Host, and Host
wishes to provide to Client, services other than the Hosting Services (collectively
the "Additional Services"), such Additional Services and the arrangements for their
provision shall be set forth in a separate addendum to this Agreement which is duly
executed by the Parties (the "Services Addendum"), and the Services Addendum shall
be incorporated into, and become a part of this Agreement. (The Hosting Services
and the Additional Services will hereinafter be referred to collectively as the
Availability of Website
Unless otherwise expressly indicated on SERVICES TO BE PROVIDED hereto, the Website
shall be accessible to third Parties via the World Wide Web portion of the Internet
twenty-four (24) hours a day, seven (7) days a week, except for scheduled maintenance
and required repairs, and except for any loss or interruption of Hosting Services
due to causes beyond the control of Host or which are not reasonably foreseeable
by Host, including, but not limited to, interruption or failure of telecommunication
or digital transmission links and Internet slow-downs or failures.
Additional Storage and Transfer
In the event that the Website requires storage and transfer on the Host Server which
exceeds the amount of storage included in the Hosting Services, Client may request
1. Upgrade the level of Hosting Services; or
2. Acquire additional incremental storage to be included in the
Hosting Services, on a time and materials basis and in accordance with the fee and
payment schedule in SERVICES TO BE PROVIDED.
Host shall review all such requests and determine, in consultation with Client,
whether it can reasonably comply with such requests, and if so, and at its option,
Host shall propose a procedure and budget for complying with such request.
FEEES AND TAXES
Hosting Services Fees
Client shall pay Host all fees for the Hosting Services in accordance with the applicable
fee and payment schedule set forth in SERVICES TO BE PROVIDED. Host expressly reserves
the right to change its rates charged hereunder for the Services during any Renewal
Term (as defined herein).
Additional Services Fees
Unless otherwise agreed in writing, Client shall pay to Host all fees for Additional
Services on a time and materials basis as invoiced by Host.
Hosts represents and warrants that:
1. Host has the power and authority to enter into and perform its
obligations under this Agreement; and
2. Host’s services under this Agreement shall be performed in a
Client represents and warrants that:
1. Client has the power and authority to enter into and perform
its obligations under this Agreement;
2. Client Content does not and shall not contain any content, materials,
advertising or services that are inaccurate or that infringe on or violate any applicable
law, regulation or right of a third Party, including, without limitation, export
laws, or any proprietary, contract, moral, or privacy right or any other third Party
right, and that Client owns the Client Content or otherwise has the right to place
the Client Content on the Website;
3. Client’s use of its Website will not violate any law or regulation
of any governmental or regulatory/administrative entity; and,
4. Client has obtained any authorization(s) necessary for hypertext
links from the Website to other third Party Websites. Should Client receive notice
of a claim regarding the Website, Client shall promptly provide Host with written
notice of such claim.
Client represents and warrants that it shall not use the Website or the Services
provided to Client to:
1. Send unsolicited mail messages, including the sending of "junk
mail" or other advertising material to individuals who did not specifically
request such material, who were not previous customers of CLIENT or with whom CLIENT
does not have an existing business relationship ("E-mail spam");
2. Engage in harassing behavior, whether through language, frequency
or size of email message;
3. Use without authorization or forge e-mail header information;
4. Solicit mail for any other e-mail address other than that of
the Client’s account with the intent to harass or to collect replies;
5. Create or forwarding "chain letters" or other "pyramid
schemes" of any type; and/or,
6. Use unsolicited e-mail originating from within Host’s network
or the networks of other Internet Service Providers.
Client agrees to indemnify, defend, and hold harmless Host, its directors, officers,
employees and agents, and defend any action brought against same with respect to
any claim, demand, cause of action, debt or liability, including reasonable attorneys'
fees, at trial and on appeal, to the extent that such action is based upon a claim
1. If true, would constitute a breach of any of Client’s representations,
warranties, or agreements hereunder;
2. Arises out of the negligence or willful misconduct of Client;
3. Any of the Client Content to be provided by Client hereunder
or other material on the Website infringes or violates any rights of third Parties;
including, without limitation, rights of publicity, rights of privacy, patents,
copyrights, trademarks, trade secrets, and/or licenses.
Host agrees to indemnify, defend, and hold harmless Client, its directors, officers,
employees and agents, and defend any action brought against same with respect to
any claim, demand, cause of action, debt or liability, including reasonable attorneys'
fees, at trial and on appeal, to the extent that such action arises out of the gross
negligence or willful misconduct of Host.
In claiming any indemnification hereunder, the indemnified Party shall promptly
provide the in indemnifying Party with written notice of any claim which the indemnified
Party believes falls within the scope of the foregoing paragraphs. The indemnified
Party may, at its own expense, assist in the defense if it so chooses, provided
that the indemnifying Party shall control such defense and all negotiations relative
to the settlement of any such claim and further provided that any settlement intended
to bind the indemnified Party shall not be final without the indemnified Party’s
written consent, which shall not be unreasonably withheld.
LIMITATION OF LIABILITY
HOST SHALL HAVE NO LIABILITY FOR UNAUTHORIZED ACCESS TO, OR ALTERATION, THEFT OR
DESTRUCTION OF, THE WEBSITE OR CLIENT’S DATA FILES, PROGRAMS OR INFORMATION THROUGH
ACCIDENT, FRAUDULENT OR UNAUTHORIZED MEANS OR DEVICES. HOST SHALL HAVE NO LIABILITY
WITH RESPECT TO HOST’S OBLIGATIONS UNDER THIS AGREEMENT OR OTHERWISE FOR CONSEQUENTIAL,
EXEMPLARY, SPECIAL, INCIDENTAL, OR PUNITIVE DAMAGES EVEN IF HOST HAS BEEN ADVISED
OF THE POSSIBILITY OF SUCH DAMAGES. IN ANY EVENT, THE LIABILITY OF HOST TO CLIENT
FOR ANY REASON AND UPON ANY CAUSE OF ACTION SHALL BE LIMITED TO THE AMOUNT ACTUALLY
PAID TO HOST BY CLIENT UNDER THIS AGREEMENT. THIS LIMITATION APPLIES TO ALL CAUSES
OF ACTION IN THE AGGREGATE, INCLUDING, WITHOUT LIMITATION, TO BREACH OF CONTRACT,
BREACH OF WARRANTY, NEGLIGENCE, STRICT LIABILITY, MISREPRESENTATIONS, AND OTHER
No amendment, waiver, or modification of this Agreement or any provision of this
Agreement shall be valid unless in writing, stating with specificity the particular
amendment or modification to be made, and duly executed by the Host and Client.
If any provision of this Agreement shall be held invalid or unenforceable by any
court of competent jurisdiction, administrative agency or as a result of future
legislative action, such holding or action shall be strictly construed and the unenforceable
provision shall be deemed severable from the remainder of the Agreement to the extent
permitted by law, and the validity or effect of any other provision of this Agreement
shall remain binding with the same effect as though the void parts were deleted.
Client Data Privacy
All data stored on our servers by the client, or by clients site visitors, for example
via feedback forms, is strictly confidential and is NOT shared, harvested, or made
available to ANY third party for any reason.
At any time, either party may cancel a user's account for any reason. The user must
request cancellation by submitting a support ticket to:
You may request a refund on any subscription amounts paid up to 60 days from the
initial account sign up. However, amounts paid to purchase domains, content authoring,
or SEO services from within the Niche Traffic Builder software are NOT refundable.
Any email communication regarding the cancellation of an account must be from the
email address on record in the account to complete the cancellation.
Credit Card Expirations or Declines
Please note that allowing a credit card to expire or not submitting payment by check
regardless of invoice receipt status will not automatically cancel your account
as we maintain all account data, allow subscriptions to occur, and allow you access
to your account. You will remain responsible for paying the monthly charge, which
will accrue to your account, until we receive a cancellation notice. We will send
notice to the email on record if a card is declined. We may also follow-up by phone
Retrieving Your Data After Your Account Has Been Canceled
Data from canceled accounts will be deleted within 90 days of cancellation and cannot
be retrieved after that time. Please be sure to export all data you wish to save
before canceling your account.
EFFORT HAS BEEN MADE TO ACCURATELY REPRESENT OUR PRODUCTS AND IT'S POTENTIAL. EVEN
THOUGH THIS INDUSTRY IS ONE OF THE FEW WHERE ONE CAN WRITE THEIR OWN CHECK IN TERMS
OF EARNINGS, THERE IS NO GUARANTEE THAT YOU WILL EARN ANY MONEY USING THE TECHNIQUES
AND IDEAS OF OUR MATERIALS. EXAMPLES IN OUR MATERIALS ARE NOT TO BE INTERPRETED
AS A PROMISE OR GUARANTEE OF EARNINGS. EARNING POTENTIAL IS ENTIRELY DEPENDENT ON
THE PERSON USING OUR PRODUCT, IDEAS AND TECHNIQUES. WE DO NOT PURPORT THIS AS A
"GET RICH SCHEME."
ANY CLAIMS MADE OF ACTUAL EARNINGS OR EXAMPLES OF ACTUAL RESULTS CAN BE VERIFIED
UPON REQUEST. YOUR LEVEL OF SUCCESS IN ATTAINING THE RESULTS CLAIMED IN OUR MATERIALS
DEPENDS ON THE TIME YOU DEVOTE TO THE PROGRAM, IDEAS AND TECHNIQUES MENTIONED, YOUR
FINANCES, KNOWLEDGE AND VARIOUS SKILLS. SINCE THESE FACTORS DIFFER ACCORDING TO
INDIVIDUALS, WE CANNOT GUARANTEE YOUR SUCCESS OR INCOME LEVEL. NOR ARE WE RESPONSIBLE
FOR ANY OF YOUR ACTIONS.
MATERIALS IN OUR PRODUCTS AND OUR WEBSITES MAY CONTAIN INFORMATION THAT INCLUDES
OR IS BASED UPON FORWARD-LOOKING STATEMENTS WITHIN THE MEANING OF THE SECURITIES
LITIGATION REFORM ACT OF 1995. FORWARD-LOOKING STATEMENTS GIVE OUR EXPECTATIONS
OR FORECASTS OF FUTURE EVENTS. YOU CAN IDENTIFY THESE STATEMENTS BY THE FACT THAT
THEY DO NOT RELATE STRICTLY TO HISTORICAL OR CURRENT FACTS. THEY USE WORDS SUCH
AS "ANTICIPATE," "ESTIMATE," "EXPECT," "PROJECT," "INTEND," "PLAN," "BELIEVE," AND
OTHER WORDS AND TERMS OF SIMILAR MEANING IN CONNECTION WITH A DESCRIPTION OF POTENTIAL
EARNINGS OR FINANCIAL PERFORMANCE.
ANY AND ALL FORWARD LOOKING STATEMENTS HERE OR ON ANY OF OUR SALES MATERIAL ARE
INTENDED TO EXPRESS OUR OPINION OF EARNINGS POTENTIAL. MANY FACTORS WILL BE IMPORTANT
IN DETERMINING YOUR ACTUAL RESULTS AND NO GUARANTEES ARE MADE THAT YOU WILL ACHIEVE
RESULTS SIMILAR TO OURS OR ANYBODY ELSES, IN FACT NO GUARANTEES ARE MADE THAT YOU
WILL ACHIEVE ANY RESULTS FROM OURS IDEAS AND TECHNIQUES IN OUR MATERIALS.