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Click Funnels DOES NOT WARRANT THAT ANY CLICKFUNNELS MESSAGING SOFTWARE APPLICATION WILL BE COMPATIBLE WITH ANY THIRD CELEBRATION SOFTWARE APPLICATION. YOU ARE ENTIRELY AND EXCLUSIVELY ACCOUNTABLE FOR YOUR USAGE OF ANY AND ALL MESSAGING SOFTWARE AND/OR HARDWARE.COMMITMENT AGAINST HARASSMENT AND INTERFERENCE WITH OTHERS. You should not utilize our services, whether alone, or in connection with other software or hardware, to: (i) store, distribute, or transmit any malware or other product that you understand, or have reasonable grounds to think, is or may be tortious, defamatory, offensive, infringing, bugging, hazardous, disruptive, or abusive; or (ii) devote, promote, aid, or abet any behavior, which you know, or have sensible grounds to believe, is or might be tortious, false, offensive, infringing, pestering, damaging, disruptive, or violent.

WE MAKE NO, AND SPECIFICALLY DISCLAIM ANY AND ALL, REPRESENTATIONS AND WARRANTIES REGARDING THE DEPENDABILITY, TIMELINESS, QUALITY, VIABILITY, ACCESSIBILITY, ACCURACY, AND/OR COMPLETENESS OF ANY DETAILS ON THIS WEBSITE. WE DO NOT REPRESENT OR WARRANT, AND EXPRESSLY DISCLAIM THAT: (A) THE USE OF THE SITE OR ANY SOFTWARE WILL BE SECURE, TIMELY, UNINTERRUPTED OR ERROR-FREE, OR OPERATE IN MIX WITH ANY OTHER HARDWARE, SOFTWARE APPLICATION, SYSTEM OR DATA, (B) THE SITE, SOFTWARE, OR SERVICES WILL SATISFY YOUR REQUIREMENTS OR EXPECTATIONS, (C) ANY STORED DATA WILL BE ACCURATE OR RELIABLE, (D) THE QUALITY OF ANY PRODUCTS, SERVICES, SOFTWARE APPLICATION, DETAILS, OR OTHER MATERIAL BOUGHT OR GOT BY YOU THROUGH THE SITE WILL MEET YOUR REQUIREMENTS OR EXPECTATIONS, (E) MISTAKES OR DEFECTS IN THE WEBSITE WILL BE CORRECTED, OR (F) THE SITE OR THE SERVER(S) THAT MAKE THE WEBSITE AVAILABLE ARE WITHOUT INFECTION OR OTHER HARMFUL ELEMENTS.

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THIS CONSISTS OF, WITHOUT CONSTRAINT, ANY LOSS OF USAGE, LOSS OF REVENUES, LOSS OF DATA, LOSS OF GOODWILL, EXPENSE OF PROCUREMENT OF REPLACEMENT SERVICES OR PRODUCTS, OR ANY OTHER INDIRECT, SPECIAL, INCIDENTAL, PUNITIVE, CONSEQUENTIAL, OR OTHER DAMAGES. THIS APPLIES REGARDLESS OF THE WAY IN WHICH DAMAGES ARE APPARENTLY TRIGGERED, AND ON ANY THEORY OF LIABILITY, WHETHER FOR BREACH OF CONTRACT, TORT (INCLUDING NEGLECT AND STRINGENT LIABILITY), GUARANTEE, OR OTHERWISE.

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EXCEPT WHERE FORBIDDEN BY LAW, YOU AND YOUR ORGANISATIONS CONCUR THAT ANY CLAIM THAT YOU OR YOUR COMPANY MAY HAVE IN THE FUTURE MUST BE RESOLVED THROUGH FINAL AND BINDING PRIVATE ARBITRATION. YOU ACKNOWLEDGE AND AGREE THAT YOU AND YOUR ORGANISATION ARE WAIVING THE RIGHT TO A TRIAL BY JURY.

YOU CONCUR THAT YOU AND YOUR ORGANISATION MAY ONLY BRING A CLAIM IN AN PRIVATE CAPACITY AND NOT AS A PLAINTIFF (LEAD OR OTHERWISE) OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE CONTINUING. YOU MORE AGREE THAT THE ARBITRATOR MAY NOT CONSOLIDATE PROCEEDINGS OR DECLARES OR OTHERWISE COMMAND ANY FORM OF A REPRESENTATIVE OR CLASS PROCEEDING.THERE IS NO JUDGE OR JURY IN ARBITRATION, AND COURT EVALUATION OF AN ARBITRATION AWARD IS LIMITED.

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Any debate or claim developing out of or associated to the use of the Website, any product, service, or software application, these Terms, the Privacy Policy, any affiliate contract, or your relationship with us that can not be resolved through such informal procedure or through settlement within 120 days will be solved by binding, private arbitration administered by the American Arbitration Association (“AAA”), and judgment on the award rendered might be entered in any court having jurisdiction thereof.

The arbitration will be carried out by a single neutral arbitrator in the English language in Ada County, Idaho, unless we both consent to perform the arbitration by telephone or composed submissions. The arbitrator will be selected by agreement of the parties or, if the celebrations can not agree, picked in accordance with Guidelines of the AAA.

The AAA’s Guidelines are readily available at www.adr.org or by calling 1-800-778-7879. The arbitrator will have the unique and sole authority to deal with any conflict connecting to the analysis, building, credibility, applicability, or enforceability of these Conditions of Usage and Sale, the Privacy Policy, this arbitration arrangement, and any other terms incorporated by referral into these Terms and Conditions of Usage and Sale.

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The arbitrator shall have the unique and sole authority to identify whether this arbitration contract can be enforced versus a non-signatory to this agreement and whether a non-signatory to this arrangement can implement this arrangement versus you or Click Funnels. Payment of all filing, administration, and arbitrator costs will be governed by the AAA’s Guidelines.

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The arbitrator will follow the substantive law of the State of Idaho without regard to its disputes of laws principles. Any award rendered shall include a confidential written opinion and shall be last, subject to appeal under the Federal Arbitration Act, 9 U.S.C. § § 1-16, as changed. Judgment on the award rendered by the arbitrator may be entered in any court of competent jurisdiction.

You and Click Funnels expressly waive any right to pursue any class or other representative action against each other. Failure or any delay in imposing this arbitration arrangement in connection with any specific claim will not make up 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 emerges (the 1 year duration includes the 120-day informal resolution procedures described above). This arbitration arrangement sets forth the terms of our agreement to final and binding personal arbitration and is governed by and enforceable under the Federal Arbitration Act, 9 U.S.C

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. This provision survives termination of your account or relationship with Click Funnels, bankruptcy, project, or transfer. If the class action waiver is deemed unenforceable (i.e., unenforceability would allow arbitration to continue as a class or representative action), then this whole arbitration arrangement will be rendered null and void and shall not apply.

YOU UNDERSTAND THAT YOU AND YOUR ORGANISATIONS WOULD HAVE HAD A RIGHT TO LITIGATE THROUGH A COURT, TO HAVE A JUDGE OR JURY CHOOSE YOUR CASE, AND TO BE CELEBRATION TO A CLASS OR AGENT ACTION. NEVERTHELESS, YOU COMPREHEND AND ACCEPT HAVE ANY CLAIMS DECIDED INDIVIDUALLY AND ONLY THROUGH BINDING, FINAL, AND CONFIDENTIAL ARBITRATION IN ACCORDANCE WITH THIS ARBITRATION PROVISION.

Absolutely nothing in this Contract will be interpreted as forbiding Click Funnels from pursuing in court any other remedies readily available to it for such breach, threatened breach, infringement, or threatened infringement, consisting of the healing of monetary damages from you and your business. You and your company thus irrevocably consent to the exclusive individual jurisdiction of, and exclusive venue in, the courts of Ada County, Idaho for all such claims, and permanently waive any obstacle to stated courts’ special jurisdiction or venue.

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AREA 22– NOTIFICATION AND TAKEDOWN TREATMENTS; COPYRIGHT ACTIf you believe that products or content available on the Site infringes any copyright you own, you or your agent may send Click Funnels a notification requesting that Click Funnels eliminate the materials or content from the Site. If you believe that somebody has actually wrongly submitted a notice of copyright infringement against you, you might send Click Funnels a counter-notice.

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