Clikbrix Terms Of Use

Introduction to Clikbrix Terms of Use
Your accessing and using this Web site at www.clikbrix.com and/or m.clikbrix.com (the "Site") constitutes a legal agreement between you and Clikbrix Corp. You are a customer (“Member”) (or will become a Member once you have completed the Sign Up process) and you explicitly agree to comply with and be bound by the following terms and conditions (the "Terms of Use"), which Clikbrix may change at any time. Please review these terms and conditions periodically and check the version date for changes.

General
Clikbrix and its subsidiaries and affiliates (collectively, "Clikbrix") provide you with access to this Site and the services available on it, or other Web sites as indicated below (collectively, the "Services"). These Terms of Use govern access to and use of the Services.

Services
The Services include the Clikbrix Site. The Services may also be located on third party Web sites and/or applications either as a link from an add-on service to, or otherwise in connection with, Web sites and/or applications that such third parties control. Nothing contained in any of the Services is an offer or promise to sell a specific product for a specific price or that any advertiser will sell any product or service for any purpose or price or on any specific terms. Clikbrix does not guarantee the price, terms, product, availability and/or services offered by any advertiser. For all of the Services, Clikbrix is not involved in any transactions between you and any of its advertisers, and is not responsible for, and does not guarantee the price or performance of any goods, services or information provided by advertisers. If you have a dispute with one or more advertisers, you release Clikbrix from any claims, demands and damages (actual and consequential) of every kind and nature, known and unknown, suspected and unsuspected, disclosed and undisclosed, arising out of or in any way connected with such disputes.

Fees and Payment Terms
The Clikbrix website specifically outlines fees for associated product services. For Customers who sign up for month-to-month services i.e. ‘Agent Pro Monthly’, the membership “Term” of this Agreement begins on the date of the completed order form and shall automatically renew on that same date each month thereafter. For Clients who sign up for prepaid annual services i.e. ‘Agent Pro Yearly’, the membership “Term” of this Agreement begins on the date of the completed order form and received Client payment and shall automatically renew on that same date each year thereafter for successive one-year periods.

When a Customer elects to upgrade his/her services, i.e. from ‘Free Agent’ to ‘Agent Pro’ and has completed the upgrade payment process, billing will automatically renew on that same upgrade date each month (for month-to-month membership) or on that same date each year thereafter for successive one-year periods.

Payments for service fees due under this Agreement are made via Pay Pal credit card or debit secure transaction service prior to service activation. Any sales taxes that may be applicable in any given area of Canada or the U.S. are the sole payment responsibility of the Customer.

We do not offer any refunds and all sales are final. If you wish to cancel your monthly or yearly subscription service please notify Clikbrix customer support prior to your monthly or annual renewal date. Where applicable any extraneous development fees are not refundable.

Warning: please be aware that once you have cancelled your account your mobile website will be deleted from the Clikbrix system and no longer be live on the mobile Internet; also, all of the QR codes you have generated through the Clikbrix system will no longer function.

User/Customer Submitted Content
You are solely responsible for any Content and other material that you submit, publish, display or link to on the Site or send to other Clikbrix users. You may not post, distribute, or reproduce in any way any copyrighted material, trademarks, or other proprietary information without obtaining the prior written consent of the owner of such proprietary rights. You may not submit any Content or material that infringes, misappropriates or violates the intellectual property, publicity, privacy or other rights of any party or is in violation of any Federal, State, Provincial or local Housing Laws. You will at all times ensure that all submitted content is believed to be true. In addition, you agree to not purposely provide false or misleading information on the Service.

You agree that by posting content on the Site, you are granting Clikbrix a royalty-free, perpetual, irrevocable license to use this information in the course of offering the Services. You understand that Clikbrix does not endorse or warrant any particular content or information available via the Site. Additionally, we cannot guarantee the authenticity of any data, which users may provide about themselves.

For specific advice on legal, financial or real estate matters, you should always seek the advice of a professional who is licensed and knowledgeable in that area, such as an attorney, accountant or real estate agent or broker.

Clikbrix may delete any content that in the sole judgment of Clikbrix violates these Terms of Use or which may be offensive, illegal or violate the rights, harm, or threaten the safety of any person. Clikbrix assumes no responsibility for monitoring the services for appropriate content or conduct. If at any time Clikbrix chooses, in its sole discretion, to monitor the services, Clikbrix nonetheless assumes no responsibility for the content, no obligation to modify or remove any inappropriate content, and no responsibility for the conduct of the user submitting any such content.

You further agree that you will not submit material that is copyrighted, protected by trade secret or otherwise subject to third party proprietary rights, including privacy and publicity rights, unless you are the owner of such rights or have permission from their rightful owner to post the material, and to grant Clikbrix all of the license rights granted herein. Any content that you submit to Clikbrix may be redistributed through the Internet and other media channels, and may be viewed by the general public.

You understand that Clikbrix does not monitor or control the content of information posted by others, and instead simply provides a service by allowing users to access information that has been made available. Because Clikbrix does not control the content posted via the service, Clikbrix does not guarantee the accuracy, integrity or quality of such content. You acknowledge that by using the service, you may be exposed to content that is offensive, indecent or objectionable. Under no circumstances will Clikbrix be liable in any way for any content, including, but not limited to, any errors or omissions in any content, or any loss or damage of any kind incurred as a result of the use of any content posted, emailed, transmitted or otherwise made available via the service. Should content be found or reported in violation with, but not limited to, the following terms, it will be Clikbrix's sole discretion as to what action should be taken, including suspension and/or termination of your account.

Modification Of Clikbrix Services
Clikbrix reserves the right to modify or discontinue the service or a portion or attribute thereof, or the offering of any information, good, content, product or service with or without notice. Clikbrix shall not be liable to you or any third party should Clikbrix exercise its right to modify or discontinue the service or part of it.

Multiple Listing Services Direct Data Feed Content
Where the Customer is an official member of a Multiple Listing Service/s and has requested that direct data feeds be integrated as part of their services, Clikbrix and the Customer will jointly apply for permission to receive these data feeds.

Maintenance
Clikbrix is not responsible for any interruptions, outages or downtime of services, which may occur on occasion due to power, hardware, software, server/hosting failures or other unforeseen causes. In the event of service interruption, Clikbrix will act expediently to resolve and correct the situation. Clikbrix is not responsible for any products used in tandem by its Customers such as mobile devices, wireless data carriers and other.

Links To Other Sites
The services contain links to third-party Web sites. These third-party sites are not under the control of Clikbrix. We are providing these links to you only as a convenience, and the inclusion of any link does not imply affiliation, endorsement, or adoption by us of the site or any information contained therein. Clikbrix is not responsible or liable for the contents of any linked site. You should make whatever investigation you feel necessary or appropriate before proceeding with any transaction with any of these third parties. When leaving this site, you should be aware that our terms and policies no longer govern, and, therefore, you should review the applicable terms and policies, including privacy and data gathering practices, of that site.

Disclaimer of Responsibility for Third Party Content
Clikbrix is not a publisher of content supplied by third parties and users of the site. Accordingly, Clikbrix has no more editorial control over such content than does a public library, bookstore, or newsstand. Any opinions, advice, statements, services, offers, or other information or content expressed or made available by third parties, including information providers and users, are those of the respective author(s) or distributor(s) and not Clikbrix. In many instances, the content available through this site represents the opinions and judgments of the respective information providers or users. Clikbrix does not endorse, and is not responsible for the accuracy or reliability of any opinion, advice or statement made on the site by any third party.

Copyright And License
All copyrighted and copyrightable materials on this site, including, without limitation, the design, text, search results, graphics, images, pictures, sound files and other files, and the selection and arrangement and compilation of information ("Materials") thereof are ALL RIGHTS RESERVED Copyright © 2010 - 2012 Clikbrix and/or its licensors. You are granted a limited, non-sub licensable right to access this site, use the services and print the materials for your personal, non-commercial, and informational use only. We reserve the right, without notice and in our sole discretion, to terminate your license to use the Site, and to block or prevent future access to and use of the site. The foregoing license grant does NOT include the right for you to:

  • Publish, publicly perform or display, or distribute to any third party any materials, including reproduction on any computer network or broadcast or publications media;
  • Market, sell or make commercial use of the site or any materials;
  • Systematically collect and use of any data or content including the use of any data spiders, robots, or similar data gathering, mining or extraction methods;
  • Make derivative uses of the site or the materials; or
  • Use, frame or utilize framing techniques to enclose any portion of this Site (including the images found at this site or any text or the layout/design of any page or form contained on a page).

Except for the limited license granted to you, you are not conveyed any other right or license by implication, estoppels, or otherwise in or under any patent, trademark, copyright, or proprietary right of Clikbrix or any third party. Any unauthorized use of this site will terminate the permission or license granted by these site terms and may violate applicable law including copyright laws, trademark laws (including trade dress), and communications regulations and statutes. Clikbrix does not assert copyright or grant any rights to the underlying images or descriptions of real estate listings that may be contained in our search results and that we derive from the source Web site or information provided by the Web site owner. Clikbrix uses these images and excerpted descriptions solely as necessary to generate search results as a navigational tool to direct you to the originating Web site. Any use of the source images or descriptions is subject to the copyright owner's permission and/or the requirements of applicable law. Clikbrix does assert copyright and reserves all right to the search results and associated compilations.

Trademarks And Service Marks
"Clikbrix" and its logos are a trademark, service mark or registered trademark of Clikbrix, Inc. or its suppliers and licensors, and may not be copied, imitated or used, in whole or in part, without our prior written permission or that of our suppliers or licensors. You may not use any meta-tags or any other "hidden text" utilizing "Clikbrix" or any other name, trademark, or product name of Clikbrix without our permission. In addition, all page headers, custom graphics, button icons, and scripts are service marks, trademarks, and/or trade dress of Clikbrix, and may not be copied, imitated, or used, in whole or in part, without our prior written permission. All other trademarks, registered trademarks, product names and Clikbrix’s names or logos mentioned herein are the property of their respective owners. Reference to any products, services, processes, or other information, by trade name, trademark, manufacturer, supplier, or otherwise does not constitute or imply endorsement, sponsorship or recommendation thereof by us.

No Warranties
THIS SITE, THE MATERIALS, AND THE SERVICES ARE PROVIDED ON AN "AS IS" BASIS WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. YOU EXPRESSLY AGREE THAT USE OF THIS SITE, INCLUDING ALL CONTENT OR DATA DISTRIBUTED BY, DOWNLOADED OR ACCESSED FROM OR THROUGH THIS SITE, IS AT YOUR SOLE RISK. WE DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT AS TO THE INFORMATION, MATERIALS, AND CONTENT ON THE SITE. WE DO NOT REPRESENT OR WARRANT THAT MATERIALS IN THIS SITE ARE ACCURATE, COMPLETE, RELIABLE, CURRENT, OR ERROR-FREE. WE ARE NOT RESPONSIBLE FOR TYPOGRAPHICAL ERRORS OR OMISSIONS RELATING TO PRICING, TEXT OR PHOTOGRAPHY. Limitation Of Liability IN NO EVENT SHALL CLIKBRIX, ITS OFFICERS, DIRECTORS, AGENTS, AFFILIATES, EMPLOYEES, ADVERTISERS, OR DATA PROVIDERS BE LIABLE FOR ANY INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL OR PUNITIVE DAMAGES (INCLUDING BUT NOT LIMITED TO LOSS OF USE, LOSS OF PROFITS, OR LOSS OF DATA) WHETHER IN AN ACTION IN CONTRACT, TORT (INCLUDING BUT NOT LIMITED TO NEGLIGENCE), EQUITY OR OTHERWISE, ARISING OUT OF OR IN ANY WAY CONNECTED WITH THE USE OF THIS SITE, THE MATERIALS OR SERVICES. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY SO THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU.

Modification
At its sole discretion, Clikbrix may add to or delete, or change these Terms of Use in any way or any portion thereof from time to time.