Terms and Conditions of Website Use
PLEASE READ THE FOLLOWING TERMS AND CONDITIONS CAREFULLY. THEY GOVERN YOUR ACCESS AND USE OF THIS WEBSITE.
BY ACCESSING OR USING THIS WEBSITE, YOU AGREE TO BE BOUND BY THESE TERMS AND CONDITIONS AND ACCEPT THEM IN FULL, AS THEY MAY BE MODIFIED BY CLICK N' CLOSE, INC., an Ohio corporation. FOR PURPOSES OF THESE TERMS AND CONDITIONS, THE TERM “CLICK N' CLOSE, INC.” INCLUDES CLICK N' CLOSE, INC. AFFILIATES, AS APPLICABLE FROM TIME-TO-TIME AND POSTED ON THIS WEBSITE.
No Warranties. Although Click n' Close, Inc. attempts to provide accurate information, names, images, pictures, logos, icons, documents, and materials (collectively, the “Contents”) on the Website, it makes no representation, endorsement, or warranty that such Contents are accurate or suitable for any particular purpose. THE WEBSITE AND ITS CONTENTS ARE PROVIDED ON AN “AS IS” BASIS. USE OF THE WEBSITE AND ITS CONTENTS IS AT THE USER’S SOLE RISK. THE WEBSITE AND ITS CONTENTS ARE PROVIDED WITHOUT ANY REPRESENTATIONS, ENDORSEMENTS, OR WARRANTIES OF ANY KIND WHATSOEVER, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, ANY WARRANTIES OF TITLE OR ACCURACY AND ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT, WITH THE SOLE EXCEPTION OF WARRANTIES (IF ANY) WHICH CANNOT BE EXPRESSLY EXCLUDED UNDER APPLICABLE LAW. AS NOTED BELOW, CLICK N' CLOSE, INC. ALSO MAKES NO REPRESENTATIONS, ENDORSEMENTS, OR WARRANTIES, EITHER EXPRESS OR IMPLIED, WITH RESPECT TO ANY WEBSITE OPERATED BY A THIRD PARTY.
Limitation of Liability. IN NO EVENT WILL CLICK N' CLOSE, INC. OR ITS SUBSIDIARIES, AFFILIATES, CONTRACTORS, OR THEIR RESPECTIVE EMPLOYEES BE LIABLE FOR ANY DAMAGES, INCLUDING, WITHOUT LIMITATION, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR PUNITIVE DAMAGES, WHETHER UNDER A CONTRACT, TORT OR ANY OTHER THEORY OF LIABILITY, ARISING IN CONNECTION WITH ANY PARTY’S USE OF THE WEBSITE OR IN CONNECTION WITH ANY FAILURE OF PERFORMANCE, ERROR, OMISSION, INTERRUPTION, DEFECT, DELAY IN OPERATION OR TRANSMISSION, COMPUTER VIRUS, LINE SYSTEM FAILURE, LOSS OF DATA, OR LOSS OF USE RELATED TO THIS WEBSITE OR ANY WEBSITE OPERATED BY ANY THIRD PARTY OR ANY CONTENTS OF THIS WEBSITE OR ANY OTHER WEBSITE, EVEN IF CLICK N' CLOSE, INC. IS AWARE OF THE POSSIBILITY OF SUCH DAMAGES.
Use of Website. Contents are included in this Website solely for the personal use of Website users. You may not copy (other than a copy for personal use), modify, distribute, transmit, display, perform, reproduce, transfer, resell, or republish any of the Contents of this Website without the prior written consent of Click n' Close, Inc. which may be withheld in its sole discretion.
Copyrights and Other Intellectual Property.
Except where otherwise expressly noted or as noted below, all Contents of this Website, including the graphics, icons and overall appearance of the Website, are the sole and exclusive property of Click n' Close, Inc. and/or its subsidiaries or affiliates. The posting of the Contents of this Website neither constitutes a waiver of any of Click n' Close, Inc. proprietary rights or any other party’s proprietary rights, including but not limited to, copyrights, trademarks, servicemarks, patents, and other intellectual property, nor a transfer by implication, estoppel, or otherwise of any such rights or of any license to the Website user or to any third party. Contents of this Website are protected by United States and international copyright laws, both as individual works and as a collection and by United States and international trademark laws. You agree not to delete any copyright, trademark or similar notice
(©, ®, ™, ?) from any Contents you obtain from the Website.
The display of any trademarks, including without limitation the above trademarks, within this Website does not grant a license of any kind to the reader. Any downloading of material contained in the site, or of any site linked to the site may be a violation of federal trademark and copyright laws. Any downloading of Contents of this Website or any website linked to this Website may be a violation of federal and other trademark laws and federal copyright laws.
Links to Other Websites. Click n' Close, Inc. may establish links between this Website and one or more Websites operated by third parties. Click n' Close, Inc. has no control over any such other Websites or the contents therein. The existence of any such links shall not constitute an endorsement by Click n' Close, Inc. of such Websites, the contents of the Websites, or the operators of the Websites.
Transmissions to and from this Website. Except where expressly indicated otherwise, transmissions to and from this Website or directed to Click n' Close, Inc. , including E-mails, are not sent in a secure form and can be intercepted by third parties and may not be immediately received by the appropriate business unit at Click n' Close, Inc. Please do not use E-mail to send us communications which contain confidential information, which we require to be in writing, or which need our immediate attention. Please call 817.261.3300 or write us instead at this address: Click n' Close, Inc., 15301 Spectrum Rd., Suite 405, Addison, TX 75001, Attention: Receptionist. Any transmission to this Website, including Emails shall be deemed and remain the property of Click n' Close, Inc. Click n' Close, Inc. shall be free to use, for any purpose, any ideas, concepts, know-how, or techniques provided by a Website user to Click n' Close, Inc. through this Website.
Available Only Where Permitted by Law. The products and services of Click n' Close, Inc. and other Click n' Close, Inc. affiliates are available only in the United States and other countries where permitted by law.
Modifications. Click n' Close, Inc. may at any time make modifications, changes, and alterations to the Contents of this Website, including these Terms and Conditions, without prior notice. You are responsible for regularly reviewing these terms and conditions. Your continued use of this Website following any modifications, changes, or alterations shall constitute your acceptance of such modifications, changes, or alterations.
Governing Law. These Terms and Conditions shall be governed by and construed in accordance with the law of the State of Texas, without regard to the conflict of laws thereof, and to the laws of the United States.
Venue. Disputes arising from the use of this Website shall be exclusively subject to the jurisdiction of any federal or state court for the Northern District of Texas, or the County of Dallas, Texas.
Severability. To the extent any portion of these Terms and Conditions is determined to be unenforceable by a court of competent jurisdiction, such portion will be modified by the court solely to the extent necessary to cause such portion to be enforceable, and these Terms and Conditions, as so modified, shall remain in full force and effect.
Waiver. No waiver by Click n' Close, Inc. of any right under or term or provision of these Terms and Conditions will be deemed a waiver of any other right, term, or provision of these Terms and Conditions at that time or a waiver of that or any other right, term, or provision of these Terms and Conditions at any other time.