Terms of Service & Conditions of Use

The following describes the Terms of Service and Conditions of Use for Clickmatize LLC’s, Websites and services.

Thank you for visiting one of our websites. Our websites, including but not limited to AllConsumer, (the "Websites"), are copyrighted works belonging to/or managed by Clickmatize LLC, (“Clickmatize” or the “Company”).

Clickmatize grants you the right to use the Websites subject to these Terms of Use and Conditions of Use and the AllConsumer Privacy Policy, and any and all other applicable operating rules, policies, price schedules and other supplemental terms and policies which may include a DMCA Policy, Privacy Policy, Disclaimer, Copyright Notice, Anti-Spam Policy, and FTC Compliance Policy , which are expressly incorporated herein by reference (collectively, the "Terms," “Terms of Use” or “Agreement”). (Websites and you, the Website user, collectively the “Parties.”)

PLEASE READ THIS DOCUMENT CAREFULLY BEFORE ACCESSING OR USING OUR WEBSITE OR SERVICES. BY ACCESSING OR USING OUR WEBSITE OR SERVICES, YOU AGREE TO BE BOUND BY THE TERMS AND CONDITIONS SET FORTH BELOW. IF YOU DO NOT WISH TO BE BOUND BY THESE TERMS AND CONDITIONS, YOU MAY NOT ACCESS OR USE OUR WEBSITE OR SERVICES. WE MAY MODIFY THIS AGREEMENT AT ANY TIME WITHOUT INDIVIDUAL, SPECIFIC NOTICE TO YOU, AND SUCH MODIFICATIONS SHALL BE EFFECTIVE IMMEDIATELY UPON POSTING OF THE MODIFIED AGREEMENT ON OUR WEBSITE. YOU AGREE TO REVIEW THE AGREEMENT PERIODICALLY TO BE AWARE OF SUCH MODIFICATIONS AND YOUR CONTINUED ACCESS OR USE OF OUR WEBSITE OR SERVICES AFTER SUCH NOTICE SHALL BE DEEMED YOUR CONCLUSIVE ACCEPTANCE OF THE MODIFIED AGREEMENT, INCLUDING ANY AND ALL MODIFICATIONS, ADDITIONS, DELETIONS, OR OTHER CHANGES.

Our Websites (and other "internal" websites stemming from it, such as specific membership sites or webpages pertinent to the main website or weblog, collectively referred to as our “Websites”) are an online information service.

You agree to obey all applicable laws and regulations regarding your use of our Websites and associated services and the content and materials provided in it.

Clickmatize Websites are independent, stand-alone websites that have no relationship, connection, or affiliation whatsoever with any company (other than with Clickmatize), person, outfit, organization, or group mentioned herein, even if such name appears in our website name, domain, URL, or otherwise. You should assume no other party, by mere mention of their name, has endorsed anything you see here. The aim is simply to provide useful resources for our readers, some of which we may be compensated for. You should simply assume at all times we are being compensated and, while that may not prompt us to make unsound recommendations, you should always be responsible for your own financial decisions, be it investing, purchasing, donating, or otherwise.

1. Copyright, Licenses and Idea/User Submissions

The entire contents of our Websites are protected by intellectual property law, including international copyright and trademark laws. The owner and/or operator of the copyrights and/or trademarks are the Company, and/or other third party licensors or related entities.

You do not own rights to any article, book, ebook, document, blog post, software, application, add-on, plugin, art, graphics, images, photos, video, webinar, recording or other materials viewed or listened to through or from our Websites or via email from or related to our Websites or by way of protected content in a membership site. The posting of data on our Websites, such as a blog comment, does not change this fact and does not give you any right in the data. You surrender any rights to your content once it becomes part of our Websites.

YOU MAY NOT SELL MODIFY, COPY, REPRODUCE, REPUBLISH, DISPLAY, PUBLICLY PERFORM, UPLOAD, POST, TRANSMIT, OR DISTRIBUTE, OR OTHERWISE USE, IN ANY MANNER, THE CONTENT ON OUR WEBSITES, INCLUDING TEXT, GRAPHICS, CODE AND/OR SOFTWARE FOR ANY COMMERCIAL PURPOSE. You must retain all copyright and other proprietary notices contained in the original content on any copy you make of the content for a private purpose authorized herein (see below). The use of our Website content on any other website or in a networked computer environment for any commercial purpose is prohibited.

You are granted a nonexclusive, non transferable, revocable license to use our Websites only for private, personal, noncommercial reasons. You may print and download portions of material from the different areas of the Websites solely for your own non-commercial use, provided that you agree not to change the content from its original form. Moreover, you agree not to modify or delete any copyright or proprietary notices from the materials you print or download. Also note that any notice on any portion of our Websites that forbids printing & downloading trumps all prior statements and controls. If you violate any of the terms or conditions, your permission to use the content automatically terminates and you must immediately destroy any copies you have made of the content.

As a user, you agree to use the products and services offered by our Websites in a manner consistent with all applicable local, state and federal laws and regulations. No material shall be stored or transmitted which infringes or violates the rights of others, which is unlawful, obscene, profane, indecent or otherwise objectionable, threatening, defamatory, or invasive of privacy or publicity rights.

You may not post or transmit advertising or commercial solicitation on our Websites.

You agree to grant to Clickmatize a non-exclusive, royalty-free, worldwide, irrevocable, perpetual license, with the right to sub-license, to reproduce, distribute, transmit, create derivative works of, publicly display and publicly perform any materials and other information (including, without limitation, ideas contained therein for new or improved products and services) that you submit to any public areas of our website (such as bulletin boards, forums, blog, and newsgroups) or which you email to our website by all means and in any media now known or hereafter developed. You also grant Clickmatize the right to use your name in connection with the submitted materials and other information as well as in connection with all advertising, marketing and promotional material related thereto. You agree that you shall have no recourse against Clickmatize for any alleged or actual infringement or misappropriation of any proprietary right in your communications to our website.

1.1 Trademarks

Publications, products, content or services referenced herein or on our website are the exclusive trademarks or service marks of Clickmatize or affiliated parties. You must not use such marks without the prior written permission of the Company. Other product and company names mentioned in our website may be the trademarks of their respective owners.

1.2 Links to Our Website

You may link to our homepage, provided you do so in a way that is fair and legal and does not damage our reputation or take advantage of it, but you must not establish a link in such a way as to suggest any form of association, approval, or endorsement on our part without our express written consent.

Our Websites may provide certain social media features that enable you to:

Link from your own or certain third-party websites to certain content on this Website ; send emails or other communications with certain content, or links to certain content, on this Website; or cause limited portions of content on this Website to be displayed or appear to be displayed on your own or certain third-party websites.

You may use these features solely as they are provided by us and solely with respect to the content they are displayed with, and otherwise in accordance with any additional terms and conditions we provide with respect to such features.

Subject to the foregoing, you must not: Establish a link from any website that is not owned by you; cause the Website or portions of it to be displayed on, or appear to be displayed by, any other site, for example, framing, deep linking, or in-line linking; link to any part of the Website other than the homepage; or otherwise take any action with respect to the materials on this Website that is inconsistent with any other provision of these Terms of Use.

The website from which you are linking, or on which you make certain content accessible, must comply in all respects with the content standards set out in these Terms of Use.

You agree to cooperate with us in causing any unauthorized framing or linking immediately to stop. We reserve the right to withdraw linking permission without notice.

We may disable all or any social media features and any links at any time without notice at our discretion.

2. Use of Clickmatize Websites

When you visit a Clickmatize Website, in some cases you will be prompted to disclose certain information about yourself and the products or services that you are inquiring about ("Service Request"). All information we collect on this Website is subject to our Privacy Policy. By using the Website, you consent to all actions taken by us with respect to your information in compliance with the Privacy Policy. By completing a Service Request and agreeing to the consent provided, you agree that you are entering into a business relationship with Clickmatize and its third-party partners and service providers, and therefore agree to be contacted by Clickmatize, its advertising partners, and/or service providers.

2.1 Your Duty To Other Users

Your use of our website is for your own personal, non-commercial benefit. In no way are you to leverage our Websites in a way that mines for the personal information of others, whether in blog comments or otherwise, for your own use or for the benefit of others. This includes, but is not limited to, spam (unsolicited commercial email).

If you inadvertently obtain personal information about other users, you shall not share this with anyone else.

2.2 Restricted access

Access to certain areas of our Websites is restricted. We reserve the right to restrict access to other areas of our Websites, or indeed our whole Website, even to registered users, at our discretion.

2.3 Third-Party Products/Services

You acknowledge that, except for information, products or services clearly identified as being supplied by our Websites, our Websites do not operate, control or endorse any information, products or services on the internet in any way. Except for information identified by our Websites as such, all information, products and services offered through our Websites or on our Websites generally are offered by third parties that are not affiliated with our Websites, and we may be compensated.

2.4 Viruses, etc

You understand that our Websites cannot and do not guarantee or warrant that files available for downloading through our website will be free of infection or viruses, worms, Trojan horses or other code that manifest contaminating or destructive properties. You are responsible for implementing sufficient procedures and checkpoints to satisfy your particular requirements for accuracy of data input and output, and for maintaining a means external to our Websites for the reconstruction of any lost data.

2.5 Assumption of Risk

YOU ASSUME TOTAL RESPONSIBILITY AND RISK FOR YOUR USE OF OUR WEBSITES AND SERVICES AND THE INTERNET. OUR WEBSITES PROVIDE RELATED INFORMATION "AS IS" AND DO NOT MAKE ANY EXPRESS OR IMPLIED WARRANTIES, REPRESENTATIONS OR ENDORSEMENTS WHATSOEVER (INCLUDING WITHOUT LIMITATION WARRANTIES OF TITLE OR NONINFRINGEMENT, OR THE IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE) WITH REGARD TO THE PRODUCT OR SERVICE, ANY MERCHANDISE INFORMATION OR SERVICE PROVIDED THROUGH THE SERVICE OR ON THE INTERNET GENERALLY, AND OUR WEBSITES, COMPANY, PARTNERS, DIRECTORS, EMPLOYEES, OFFICERS, INDEPENDENT CONTRACTORS, SHARE HOLDERS, REPRESENTATIVES OR AGENTS SHALL NOT BE LIABLE FOR ANY COST OR DAMAGE ARISING EITHER DIRECTLY OR INDIRECTLY FROM ANY SUCH TRANSACTION. IT IS SOLELY YOUR RESPONSIBILITY TO EVALUATE THE ACCURACY, COMPLETENESS AND USEFULNESS OF ALL OPINIONS, ADVICE, SERVICES, MERCHANDISE AND OTHER INFORMATION PROVIDED THROUGH OUR SERVICE OR ON THE INTERNET GENERALLY. OUR WEBSITES DO NOT WARRANT THAT THE SERVICE WILL BE UNINTERRUPTED OR ERROR-FREE OR THAT DEFECTS IN THE SERVICE WILL BE CORRECTED.

YOU UNDERSTAND FURTHER THAT THE PURE NATURE OF THE INTERNET CONTAINS UNEDITED MATERIALS SOME OF WHICH ARE SEXUALLY EXPLICIT OR MAY BE OFFENSIVE TO YOU. YOUR ACCESS TO SUCH MATERIALS IS AT YOUR RISK. OUR WEBSITES HAVE NO CONTROL OVER AND ACCEPTS NO RESPONSIBILITY WHATSOEVER FOR SUCH MATERIALS YOU MIGHT SOMEHOW ACCESS.

2.7 Express Disclaimer of Consequential Damages

TO THE FULLEST EXTENT PERMITTED BY LAW, IN NO EVENT WILL OUR WEBSITES, THEIR SUPPLIERS, OR ANY THIRD PARTIES MENTIONED AT OUR WEBSITES BE LIABLE FOR (I) ANY INCIDENTAL, CONSEQUENTIAL, INDIRECT OR OTHER DAMAGES (INCLUDING, BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, BUSINESS INTERRUPTION, LOSS OF PROGRAMS OR INFORMATION, AND THE LIKE) ARISING OUT OF THE USE OF OR INABILITY TO USE THE SERVICE, OR ANY INFORMATION, OR TRANSACTIONS PROVIDED ON THE SERVICE, OR DOWNLOADED FROM THE SERVICE, OR ANY DELAY OF SUCH INFORMATION OR SERVICE, EVEN IF OUR WEBSITES OR THEIR AUTHORIZED REPRESENTATIVES HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, OR (II) ANY CLAIM ATTRIBUTABLE TO ERRORS, OMISSIONS, OR OTHER INACCURACIES IN THE SERVICE AND/OR MATERIALS OR INFORMATION DOWNLOADED THROUGH THE SERVICE.

BECAUSE SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, THE ABOVE LIMITATION MAY NOT APPLY TO YOU. IN SUCH STATES, LIABILITY IS LIMITED TO THE GREATEST EXTENT PERMITTED BY LAW, RESULTING IN THE SMALLEST DOLLAR AMOUNT PERMITTED FOR THE AGGREGATE LIABILITY FOR BOTH OUR WEBSITES AND AFFILIATED PARTIES FOR A CLAIM DERIVING FROM OR RELATED TO OUR WEBSITES. THIS IS IN PLACE OF ANY AND ALL OTHER REMEDIES OTHERWISE AVAILABLE.

2.8 Links to Other Websites

If the Website contains links to other sites and resources provided by third parties, these links are provided for your convenience only. This includes links contained in advertisements, including banner advertisements and sponsored links. We have no control over the contents of those sites or resources, and accept no responsibility for them or for any loss or damage that may arise from your use of them. If you decide to access any of the third-party websites linked to this Website, you do so entirely at your own risk and subject to the terms and conditions of use for such websites.

3. Rules of Conduct

1. You must be at least 18 years old to visit or use our Websites in any manner. By visiting our Websites or accepting this Agreement, you represent and warrant to Clickmatize that you are 18 years of age or older, and that you have the right, authority, and capacity to agree to and abide by this Agreement.
2. You must not post violent, nude, partially nude, discriminatory, unlawful, infringing, hateful, pornographic or sexually suggestive photos or other content via the Website.
3. You are responsible for any activity that occurs through your account and you agree you will not sell, transfer, license or assign your account, followers, username, or any account rights. With the exception of people or businesses that are expressly authorized to create accounts on behalf of their employers or clients, Clickmatize prohibits the creation of - and you agree that you will not create - an account for anyone other than yourself. You also represent that all information you provide or provided to Clickmatize upon registration and at all other times will be true, accurate, current and complete and you agree to update your information as necessary to maintain its truth and accuracy.
4. You must not solicit, collect or use the login credentials of other Website users.
5. You must not use our Websites to defame, abuse, harass, stalk, threaten or otherwise violate the legal rights of others, including others' privacy rights or rights of publicity, or harvest or collect personally identifiable information about other users of the Websites.
6. You must not use our Websites for any illegal or unauthorized purpose. You agree to comply with all laws, rules and regulations (for example, federal, state, local and provincial) applicable to your use of our Websites, including copyright laws.
7. You must not interfere with or disrupt our Websites or servers or networks connected to the Website Services, including by transmitting any worms, viruses, spyware, malware or any other code of a destructive or disruptive nature. You must not attack the Website via a denial-of-service attack or a distributed denial-of-service attack. You may not inject content or code or otherwise alter or interfere with the way any website page is rendered or displayed in a user's browser or device.
8. You must not use any robot, spider, website search/retrieval application or other manual or automatic device to retrieve, index, "scrape," "data mine" or in any way gather Website content or reproduce or circumvent the navigational structure or presentation of our Websites without Clickmatize's express prior written consent. Notwithstanding the immediately foregoing sentence (but subject to the other items listed above), Clickmatize grants the operators of public search engines permission to use spiders to copy materials from the Website for the sole purpose of and solely to the extent necessary for creating publicly-available searchable indices of such materials, but not caches or archives of such materials. We reserve the right to revoke these exceptions, either generally or in specific cases, at any time.
9. You must not restrict or inhibit any other person from using our Websites (including by hacking or defacing any portion of our Websites).
10. Except as expressly permitted by applicable law, you must not modify, adapt, translate, reverse engineer, decompile or disassemble any portion of our Websites.
11. You must not frame or mirror any part of our Websites without Clickmatize's express prior written consent.
12. You must not create a database by systematically downloading and storing all or any of our Websites’ content.
13. You must not attempt to gain unauthorized access to, interfere with, damage, or disrupt any parts of the Website, the server on which the Website is stored, or any server, computer, or database connected to the Website.

4. Indemnification

You agree to indemnify, defend and hold harmless Clickmatize, its shareholders, officers, directors, employees, agents, licensors, suppliers and any third party information providers to our Websites from and against all losses, expenses, damages and costs, including reasonable attorneys' fees, resulting from any use of our Websites or violation of this Agreement (including negligent or wrongful conduct) by you or any other person affiliated with you that has accessed our Websites.

5. Third Party Rights

The provisions of Section 2 (Use of the Service), 3 (Rules of Conduct), and 4 (Indemnification) are for the benefit of Clickmatize and our shareholders, officers, directors, employees, agents, licensors, suppliers, and any third party information providers to the Service. Each of these individuals or entities shall have the right to assert and enforce those provisions directly against you on its/their own behalf.

6. Requests to be Matched

Some of our Websites provide you access to certain services, such as referrals to products, services, suppliers and service providers that may be of interest to you (the "Website Services"), and to certain content provided by us or by third parties, such as news and information regarding such products, services and supplies in various industries (the "Website Content"). PLEASE READ THE FOLLOWING CAREFULLY:

6.1 Services

Certain of our Websites provide you with the opportunity to submit requests (each, a "Request") for information on a wide variety of products and services offered by certain service providers (each such service provider, a "Service Provider"). We cannot and do not guarantee that these Service Providers will provide information for every Request received or that the Service Providers who do respond to your Request can in fact meet all of your requirements. We may reject any Request and/or elect not to forward a Request to participating Service Providers, for any reason or no reason. Subject to certain exceptions below, the Websites act solely as a paid marketing lead generator. Clickmatize may receive a marketing lead generation fee from the Service Providers. You should rely on your own judgment in deciding which available product or service and Service Provider best suits your needs.

6.2 Transfer of your information

In submitting a Request to be matched on the Website, you agree to allow us to transfer all of your information in connection with your Request to matching Service Providers, whether or not you have specifically selected such Service Provider. If any Service Provider(s) wish to provide information to you in connection with your Request, you will be contacted regarding the offerings and related pricing. Please notify the Service Provider(s) directly if you no longer wish to receive communications from them. The Service Provider(s) may keep your Request information and any other information provided by us in connection with your Request whether or not they offer you a product or service

7. Consent to Electronic Communications

When you visit one of Clickmatize’s Websites or send email to us, you are communicating with us electronically. You consent to receive communications from us electronically. Although we may choose to communicate with you by regular mail, we may also choose to communicate with you by email or by posting notices on our Websites. You agree that all agreements, notices, disclosures and other communications that we provide to you electronically satisfy any legal requirement that such communications be in writing.

If you submit a request to be matched with one of our third party Service Providers, please note that these third party Service Providers may be required by law to provide you with certain communications, notices, disclosures, information and other materials ("Communications"). These third party Service Providers must obtain your consent in order to provide you with these Communications electronically. By submitting a request to be matched with one of our third party Service Providers, you affirmatively consent and agree to receive all Communications required under law electronically.

8. SMS Alerts for Users

Clickmatize mobile alerts are marketing text messages that contain information about Clickmatize’s promotions, deals, or products that may be of interest to you.

By submitting your information, you expressly consent to receive recurring autodialed marketing messages from or on behalf of Clickmatize at the mobile number you provided. You understand that consent is not a condition of purchase. Message and data rates may apply. Message frequency will vary.

You can cancel the SMS alerts at any time. Just text "STOP" to XXXXX. After you send the SMS message "STOP" to us, we will send you an SMS message to confirm that you have been unsubscribed. After this, you will no longer receive SMS messages from us. If you want to join again, just sign up as you did the first time and we will start sending SMS messages to you again.

9. Term; Termination

We reserve the right to investigate complaints or reported violations of these Terms and to take any action we deem appropriate, including but not limited to reporting any suspected unlawful activity to law enforcement officials, regulators, or other third parties and disclosing any data necessary or appropriate to such persons or entities relating to your profile, email addresses, usage history, IP addresses and traffic data.

This Agreement, in whole or in part, may be terminated by Clickmatize without notice at any time for any reason. The provisions of paragraphs 1 (Copyright, Licenses and Idea Submissions), 2 (Use of the Service), 3 (Indemnification), 4 (Third Party Rights), 9 (Hiring an Attorney / No Attorney-Client Relationship), and 10 (Miscellaneous) shall survive any termination of this Agreement, in whole or in part.

11. Miscellaneous

11.1 Governing Law and Venue

All matters relating to the Website and these Terms of Use, and any dispute or claim arising therefrom or related thereto (in each case, including non-contractual disputes or claims), shall be governed by and construed in accordance with the internal laws of the State of Utah without giving effect to any choice or conflict of law provision or rule (whether of the State of Utah or any other jurisdiction).

Any legal suit, action, mediation, arbitration or proceeding arising out of, or related to, these Terms of Use or the Website shall be instituted exclusively in the federal courts of the United States or the courts of the State of Utah, in each case located in the City of Salt Lake City and County of Salt Lake, or other Utah city and county of our choosing, although we retain the right to bring any suit, action, or proceeding against you for breach of these Terms of Use in your country of residence or any other relevant country. You waive any and all objections to the exercise of jurisdiction over you by such courts and to venue in such courts.

11.2 Arbitration

All disputes, claims, or controversies arising out of or relating to your use of this Website, any purchase you make via this Website, any information you provide via the Website, these Terms (including the formation, performance, alleged breach, interpretation or validity thereof, including the determination and the scope or applicability of this agreement to arbitrate), will be exclusively resolved under confidential binding arbitration. The arbitration shall be administered by JAMS in accordance with its Comprehensive Arbitration Rules and Procedures then in effect at the time of the dispute. The JAMS Rules are available at www.jamsadr.com. If you initiate arbitration, the Company will promptly reimburse you for any standard filing fee which may have been required under JAMS Rules once you have notified the Company in writing and provided a copy of the arbitration proceedings. However, if the Company is the prevailing party in the arbitration, applicable law may allow the arbitrator to award attorneys’ fees and costs to Company. If for any reason the JAMS is unavailable, the parties shall mutually select another arbitration forum. The arbitration will be conducted in the city of the Company’s choosing but may proceed telephonically if the claimant so chooses.

The arbitrator's award will be binding and may be entered as a judgment in any court of competent jurisdiction. To the fullest extent permitted by applicable law, no arbitration under these Terms may be joined to an arbitration involving any other party subject to these Terms, whether through class arbitration proceedings or otherwise. Notwithstanding the foregoing, we will have the right to seek injunctive or other equitable relief in state or federal court located to enforce these Terms or prevent an infringement of a third party's rights. In the event equitable relief is sought, each party hereby irrevocably submits to the personal jurisdiction of such court.

11.3 Limitation on Time to File Claims

ANY CAUSE OF ACTION OR CLAIM YOU MAY HAVE ARISING OUT OF OR RELATING TO THESE TERMS OF USE OR THE WEBSITES MUST BE COMMENCED WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION ACCRUES; OTHERWISE, SUCH CAUSE OF ACTION OR CLAIM IS PERMANENTLY BARRED.

Neither the course of conduct between the parties nor industry trade practice shall act to modify any provision of this Agreement.

11.4 Class Action Waiver

ANY LEGAL ACTION OR ARBITRATION ARISING IN CONNECTION WITH THE USE OF THE SITE OR THIS AGREEMENT MUST BE ON AN INDIVIDUAL BASIS. THIS MEANS NEITHER YOU NOR WE MAY JOIN OR CONSOLIDATE CLAIMS BY OR AGAINST OTHER CUSTOMERS, OR LITIGATE IN COURT OR ARBITRATE ANY CLAIMS AS A REPRESENTATIVE OR MEMBER OF A CLASS OR IN A PRIVATE ATTORNEY GENERAL CAPACITY.

11.5 Assignability

Clickmatize may assign its rights and duties under this Agreement to any party at any time without notice to you.

11.6 Severability

If any part of this Agreement shall be held to be invalid or unenforceable, that portion shall be construed, as much as possible, consistently with applicable law and severability shall apply to the remaining portions, so that they remain in full force and effect.

11.7 This Agreement Prevails

To the extent that anything in or associated with our Websites is in conflict or inconsistent with this Agreement the terms of this Agreement shall take precedence.

11.8 Waiver

Failure to enforce any provision of this Agreement shall not be deemed a waiver of the provision nor of the right to enforce the provision.

Any rights not expressly granted herein are reserved to Clickmatize.

11.9 Binding Effect

The provisions of this Agreement shall be binding upon and inure to the benefit of the personal representative, successors and assigns of the Parties hereto.

11.10 Geographic Restrictions

The owner of the Website is based in the State of Utah in the United States. We provide this Website for use only by persons located in the United States. We make no claims that the Website or any of its content is accessible or appropriate outside of the United States. Access to the Website may not be legal by certain persons or in certain countries. If you access the Website from outside the United States, you do so on your own initiative and are responsible for compliance with local laws.

12. Entire Agreement

These Terms of Use including all other policies incorporated herein constitute the sole and entire agreement between you and the Company regarding the Websites and supersede all prior and contemporaneous understandings, agreements, representations, and warranties, both written and oral, regarding the Websites.

Clickmatize LLC

519 West State Street, Suite 201

Pleasant Grove, UT 84062, US

legal@Clickmatize.com