These Terms and Conditions are effective as of August 1, 2017. Please read carefully.
“Click,” “We,” “Us” or “Our” means Click Boarding, LLC, or its subsidiaries, as applicable.
“Site” means this website and any and all content, software, data, information and materials contained therein and transactions completed thereon.
“Third Party Content” means certain third-party analysis, content, tools, features, materials, Websites, services or advertisements which Click makes available on or through this Site, or to which Click links on any Site.
“Users” means individuals who are authorized to use the Site, as well as individuals who have registered with Click in the “Careers” section of the Site and have been supplied User identifications and passwords.
“You” or “Your” means the individual using the Site, and who is accepting these Terms.
These Terms and Conditions of Use and any other terms and conditions on this Site that govern particular features of the Site (the “Agreement”) sets forth the terms and conditions which govern Your access to and Use of the Site. The Agreement sets forth the entire, final and exclusive agreement between Click and You with respect to Your Use of, and access to, the Site, and supersedes all previous oral and written terms, representations, or understandings concerning Your Use of, and access to, this Site. This Agreement is effective between You and Click as of the date of Your acceptance of this Agreement.
California Civil Code Section 1798.83 requires any operator of a website to permit its California-resident customers to request and obtain from the operator a list of what personal information the operator disclosed to third parties for direct marketing purposes, for the preceding calendar year; and the addresses and names of such third parties. Click does not share any personal information collected from this site with third parties for their direct marketing purposes.
As between Click and You, and subject to Your right, title and interest in data You submit through this Site or otherwise provide or submit to Click, Click owns all right, title and interest in and to the Site, including all related intellectual property rights subsisting therein. Subject to the limited rights expressly granted hereunder, Click reserves all rights, title and interest in and to the Site, including all related intellectual property rights subsisting therein. We grant no rights to You hereunder other than as expressly set forth herein. This Site and all materials and information published thereon are protected by U.S. and foreign copyright and other intellectual property laws. You agree to protect the proprietary rights of Click and to comply with all reasonable written requests made by Click or its third-party licensors to protect their and others’ rights in the Site and materials and content made available on or through the Site.
Click Boarding™ and our other trademarks and service marks are the property of Click. Click’s trademarks and trade dress may not be Used in any form without the prior written consent of Click, and any Use shall be subject to Click’s then-current policies and requirements. All other trademarks, services marks, logos, designs and trade dress not owned by Click that appear on this Site are the property of their respective owners, who may or may not be affiliated with, connected to, or sponsored by Click.
Subject to this Agreement, Click hereby grants You a non-exclusive, non-transferable license for Your or Your personal use, or Your employer’s internal business purposes: (i) to access and Use the Site; (ii) to access and Use content generated through or available on the Site; and (iii) inquire about, and apply for employment opportunities on the Site. All rights not explicitly granted in this Agreement are reserved by Click. You may not Use the Site in any manner inconsistent with this Agreement.
You shall not remove any copyright, patent, trademark or other proprietary or restrictive notice or legend contained on of the Sites, and You shall reproduce all such notices and legends on all copies of documents, reports and other materials downloaded, printed or distributed from the Site which copies are permitted to be made hereunder.
Except as otherwise expressly provided in these Terms or on the Site, You may not download, modify, copy, reproduce, republish, post, resell, upload, transmit or distribute any materials or content, or any portion thereof from or linked to the Site, except with the express written consent of Click or its third-party licensors.
In addition, You agree not to:
- Use or access the Site for any purpose that is unlawful or prohibited by the Agreement or display, transmit or otherwise make available on or through the Site material that is infringing, threatening, harassing, libeloUs, hateful, racially or ethnically objectionable, unlawful, tortioUs, harmful to children, invasive of another’s privacy or violative of third party privacy rights;
- Reverse engineer, decompile, modify, or create derivative works from any software or materials accessible by or on the Site;
- Frame or utilize framing techniques to enclose any trademark, logo, or other proprietary information (including images, text, page layout, or form) of Click without express written consent;
- Make any commercial or non-fair Use of the copyrights, trademarks, logos, symbols, or any other mark, device, or commercial identifier of Click or any of our third party licensors without the express written consent of Click;
- Use or access the Site in a manner that could damage, disable, overburden, or impair any Click server or the networks connected to any Click server;
- Interfere with any third party’s Use and enjoyment of the Site;
- Attempt to gain unauthorized access to the Site, accounts, computer systems, or networks connected to any Click server through hacking, password mining, or any other means;
- Sublicense any license granted in or to materials on the Site (whether or not any of such acts are for commercial gain or advantage); or
- Access the Site in order to build a competitive product or service, or copy any features, functions or graphics of the Sites.
You shall: (i) have sole responsibility for the accuracy, quality, integrity, legality, reliability, and appropriateness of all content and data submitted to or published via the Site by You; (ii) comply with all applicable laws (including but not limited to export laws) in Using the Site; and (iii) Use the Site solely in accordance with any online User guides or instructions made available on or through the Site. You shall not disclose or share any ID(s) and password(s) Used to access this, or any related, Site. You are responsible for all activity that occurs under Your ID(s) and password(s). You agree to monitor strictly Your Users’ Use of the Sites and enforce the Terms and Additional Terms in Your organization. You agree to notify Click in writing promptly upon becoming aware of any unauthorized access or Use of the Site by any party.
This Site does have functionality to enable you to submit information (“Submissions”) to apply for employment positions within the Click of companies. Use of this Site does not create an employment relationship between you and any Click company. You expressly agree that no such employment relationship will be created without further review of the Submission, an appropriate successful interview process, background and reference checks (where applicable), verification of identity and the legal right to work, and issuance and acceptance of a formal written offer of employment.
By using the Site and providing Submissions, you agree to transact electronically through the Site. You agree that your electronic signature is the legal equivalent of your manual signature. You further agree that your use of a keypad, mouse or other device to select an item, button, icon or similar act/action, constitutes your signature as if actually signed by you in writing. You also agree that no certification authority or other third-party verification is necessary to validate your electronic signature, and the lack of such certification or third-party verification will not in any way affect the enforceability of your electronic signature.
In order to access, fulfill and retain the following electronic forms, your computer must be equipped and compatible with the most common operating systems and internet browsers. This would include:
- Windows, Mac OS X, Linux, Apple iOS, and other major operating systems.
- Microsoft Internet Explorer version 8 and later, Mozilla Firefox – latest version, Safari latest version + tablet versions, Chrome latest desktop version.
If you decline to use an electronic signature, you will be able to print your forms and sign them by hand, but will also be required to deliver the hand signed forms to the relevant Click company representative.
If you wish to obtain a paper copy of the forms you sign via this site, you will be given the opportunity to download and print those forms once they have been executed.
After authorizing the use of your electronic signature, you may still withdraw your consent. To do so, you must contact the Click for their withdrawal procedures and to understand any consequences or fees which may apply.
You warrant that: (a) you have the right and authority to provide any Submissions; (b) you have only disclosed information that is true, accurate and not misleading (including by omission) and nothing you have submitted is known by you to be false, inaccurate, or misleading; (c) you have a legal right to live and be employed in the jurisdiction in which you are applying for employment. If that legal right is limited in time, you have disclosed when it expires; (d) you are the individual who the Submissions relate to and that you have obtained permission from each person who appears and/or is referred to in your Submissions; (e) your Submissions, or any offer of employment that may result from your Submissions, would not infringe any legal obligation that you may have to any third party, including under laws related to copyright, trademark, patent, trade secret, confidentiality, notice period, restrictive covenant, non-competition or other intellectual property rights, privacy rights, or any other legal or moral rights of any third party; (f) you were not, and will not, be compensated or granted any consideration by any third party for entering your Submission or taking up any offer of employment with a Click company. and any salary or wages paid to you upon taking up any offer of employment will not be remitted to any third party; and (g) there is no reason that you cannot perform all job duties that you are applying for in a manner that is safe and not injurious to you or any other person, that has not been disclosed fully in your Submission, and you must immediately disclose any such reason should one arise.
Third-Party Content is not maintained or controlled by Click, and as a matter of policy, Click does not independently verify, prescreen or monitor any such Third Party Content. While We believe the Third Party Content is from reliable third-party sources, We are not responsible for the availability, content, completeness, adequacy, utility or accuracy of such Third Party Content. Click does not make any endorsement, express or implied, of any Third Party Content.
Certain Third Party Content is subject to additional specific terms and conditions which can be found in Additional Terms and in applicable areas of the Site and Websites linked to this Site. You acknowledge and agree that Your Use of such Third Party Content is subject to all these terms.
Site features that interoperate with Third Party Content depend on the continuing availability of such third-party services and materials for Use with the Site. If the third-party providers of such services or materials cease to make the services or materials available on reasonable terms for the Sites, We may cease providing such Site features.
THE SERVICE AND THE INFORMATION AND CLIENT DATA ON THE SITE ARE PROVIDED “AS IS,” WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO WARRANTIES OF NON-INFRINGEMENT, MERCHANTABILITY, OR FITNESS FOR A PARTICULAR PURPOSE.
CLICK SHALL NOT BE LIABLE FOR ANY DIRECT, SPECIAL, PUNITIVE, EXEMPLARY, INDIRECT, INCIDENTAL, OR CONSEQUENTIAL DAMAGES, INCLUDING BUT NOT LIMITED TO LOST REVENUES OR LOST PROFITS, WHETHER OR NOT ADVISED OF THE POSSIBILITY OF SUCH DAMAGE OR LOSSES AND BASED ON ANY THEORY OF LIABILITY, ARISING OUT OF OR IN CONNECTION WITH THE USE OF THE SITE, SERVICES, OR ANY INFORMATION OR SERVICE ON A LINKED WEBSITE.
Some jurisdictions do not allow the limitation or exclusion of certain implied warranties, liability, incidental or consequential damages, so certain provisions of this Agreement may not apply to You.
We shall defend You against any claim, demand, suit, or proceeding (“Claim”) made or brought against You by a third party alleging that the Use of the Sites as permitted hereunder infringes or misappropriates the intellectual property rights of a third party, and shall indemnify You for any damages finally awarded against, and for reasonable attorney’s fees incurred by, You in connection with any such Claim; provided, that You (a) promptly give Us written notice of the Claim; (b) give Us sole control of the defense and settlement of the Claim (provided that We may not settle any Claim unless the settlement unconditionally releases You of all liability); and (c) provide to Us all reasonable assistance, at Our expense.
You shall defend Us against any claim made or brought against Us by a third party alleging that Your Use of the Sites in violation of this Agreement, or the data or information You submit through the Site, infringes or misappropriates the intellectual property rights of a third party or violates applicable law, and shall indemnify Us for any damages finally awarded against, and for reasonable attorney’s fees incurred by, Us in connection with any such Claim; provided, that We: (a) promptly give You written notice of the Claim; (b) give You sole control of the defense and settlement of the Claim (provided that You may not settle any Claim unless the settlement unconditionally release Us of all liability); and (c) provide to You all reasonable assistance, at our expense.
This Section 10 (Mutual Indemnification) states the indemnifying party’s sole liability to, and the indemnified party’s exclusive remedy against, the other party for any type of Claim described in this Section.
This Agreement commences on the date You accept it and continues until terminated in accordance with this paragraph. You may terminate Your Use of the Site without cause at any time upon written notice to Us. We may terminate access to and Use of the Site (a) at any time with or without cause, upon notice to You or (b) upon termination of Your relationship with Click for any reason. Sections 3 (Proprietary Rights), 8 (Links and Third Party Content), 9 (Disclaimers and Limits of Liability), 10 (Indemnification), 14 (Governing Law) and 17 (Miscellaneous) shall survive any termination or expiration of this Agreement. We shall have no obligation to maintain or provide You a copy of any of Your data in the Site following termination or expiration of this Agreement, unless otherwise specified in other applicable agreement between You and Click, or unless legally required to be retained.
This Agreement shall be governed by the laws of the State of New York, without reference to the principles of conflicts of laws thereof. You hereby irrevocably and unconditionally accept and agree to submit to the exclusive jurisdiction of any state or federal court in the State and County of New York to hear any dispute relating to this Agreement. You agree that the United Nations Convention on Contracts for the International Sale of Goods (1980) and Uniform Computer Information Transactions Act (UCITA), as adopted by any state, are specifically excluded from application to this Agreement.
Click respects the intellectual property rights of authors. To assist copyright owners, Click has appointed an agent to receive notifications of claims or allegations of copyright infringement regarding materials available or accessible on, through, or in connection with the Site. Any person authorized to act for a copyright owner may notify Us of such claims by contacting Us in writing at the following address:
General Counsel, Click
Attn: Copyright Agent
7500 Flying Cloud Drive
Eden Prairie, Minnesota 55344
You acknowledge and agree that any violation of the Agreement relating to the disclosure, Use, copying, distribution, display or publishing of the content made available through the Site by Us or by third-party licensors, including any software licensed hereunder, may result in irreparable injury and damage to Click or its licensors that may not be adequately compensable in money damages, and for which Click will have no adequate remedy at law. You, therefore, consent and agree that Click may obtain injunctions, orders, or decrees as may be reasonably necessary to ensure compliance with this Agreement. You hereby waive any requirement of the posting of a bond that may apply for issuance of any injunctions, orders, or decrees.
We may assign our rights and obligations under this Agreement, without notice, to: (a) any affiliate of Click; or (b) any party or its affiliate acquiring all or substantially all of the assets or stock by merger or otherwise of Click or any affiliate of Click. This Agreement may not be assigned by You without our prior written consent. Our failure to exercise or enforce any right or provision of this Agreement shall not constitute a waiver of such right or provision. If any provision of this Agreement shall be deemed invalid, void, or for any reason unenforceable, that provision shall be deemed severable and shall not affect the validity and enforceability of any remaining provisions.
Questions or comments regarding the Site or the Agreement should be directed to Click team at firstname.lastname@example.org.