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TERMS OF USE

 

Effective Date: This Terms of Use is effective and was last updated as of January 1, 2017.

This page states the terms of use ("Terms of Use") under which Business Automation Solutions, Inc. ("Business Automation Solutions") authorizes you to use the web pages available at the world wide website(s) located at www.intelliclicksoftware.com and www.moreproductive.com (such website(s), together with any successor website thereof, and any other websites of Business Automation Solutions or its affiliates shall be referred to as the "Site").

MODIFICATIONS

Business Automation Solutions reserves the right at any time to change or modify these Terms of Use or to impose new conditions with respect to your use of this Site by updating this posting. Business Automation Solutions shall also have the right at any time to change or discontinue any aspect of or feature of this Site, including but not limited to content, functionality, and means of access or use. Such changes, modifications, or additions shall be effective immediately upon notice to you, which may be given by means including but not limited to posting on these Terms of Use or elsewhere on the Site, electronic mail, or any means by which you obtain actual or constructive knowledge. You agree to review these Terms of Use periodically so that you are aware of any such modifications, at which time you may either agree to such changes or discontinue the further use of this Site. Your continued use of this Site after Business Automation Solutions posts such changes will constitute your acceptance to the revised Terms of Use.

INTELLECTUAL PROPERTY

Copyright Ownership; Restrictions on Use

All right, title and interest (including all copyrights, trademarks, patent rights and other intellectual property rights) of all content on the Site, or the content of any messages transmitted to you and all information contained therein (collectively, "Content") is and shall remain the sole property of Business Automation Solutions, its business partners and licensors, as applicable. This Site is owned and operated by Business Automation Solutions, and is for your personal, noncommercial use. The Content is protected by copyright laws under both United States and foreign laws. Unauthorized use of the Content may violate copyright, trademark, and other laws. You are authorized to view and use information retrieved from the Site or the Content solely for your personal, non-commercial, use.

Except with prior written authorization from Business Automation Solutions, no material available on the Site or the Content may be copied, reproduced, downloaded, uploaded, displayed, sold, posted, transmitted, distributed, incorporated into another work, used to create a derivative work, sold, or otherwise exploited in any way, except that limited reproduction is permitted for your personal use. In no event may you remove any copyright or other proprietary notices or legends appearing on this Site or within the Content of the messages transmitted to you. You recognize that unauthorized use of the Content may subject you to civil or criminal liability.

Third Party Content

You acknowledge and agree that this Site may contain Content provided by other users, Content suppliers and other third parties. Business Automation Solutions makes no representations with respect to, nor does it guarantee, warrant or endorse the quality, non-infringement, accuracy, completeness, timeliness, reliability or correct sequencing of such third party Content or any other Content that such third party Content may access. Business Automation Solutions expressly disclaims responsibility and liability for all third party provided Content contained or accessible through the Site.

Trademarks

"INTELLICLICK", the IntelliClick logo, "WEBNAV," "ETRACK," the Business Automation Solutions, Inc., logo, other trademarks, whether registered or unregistered, and the trade dress of the Site and Content are owned by Business Automation Solutions. The other trademarks, service marks and logos which may be displayed in the Site or the Content are owned by Business Automation Solutions or its business partners. Nothing contained on the Site should be construed as granting, by implication, estoppel, or otherwise, any license or right to use any trademarks without the prior written permission of Business Automation Solutions or such third party that owns the trademarks.

DISCLAIMER OF WARRANTIES

Your use of this Site is at your own risk. This Site may include inaccuracies or errors that may affect the quality of the materials on the Site. The materials have not been independently verified or authenticated in whole or in part by Business Automation Solutions. Business Automation Solutions does not warrant the accuracy or timeliness of the materials. Business Automation Solutions has no liability for any errors or omissions in the materials, whether provided by Business Automation Solutions or third parties.   

THE CONTENT MAY INCLUDE INACCURACIES OR TYPOGRAPHICAL ERRORS. BUSINESS AUTOMATION SOLUTIONS DOES NOT WARRANT OR MAKE ANY REPRESENTATIONS REGARDING THE USE OR THE RESULTS OF THE USE OF THE CONTENT IN THIS SITE IN TERMS OF THEIR CORRECTNESS, ACCURACY, RELIABILITY, OR OTHERWISE. YOU (AND NOT BUSINESS AUTOMATION SOLUTIONS) ASSUME THE ENTIRE RISK OF THE USE OF THE CONTENT. BUSINESS AUTOMATION SOLUTIONS DOES NOT WARRANT THAT THE FUNCTIONS CONTAINED IN THE SITE OR THE CONTENT WILL BE UNINTERRUPTED OR ERROR-FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT THE SITE OR THE SERVER THAT MAKES IT AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS.

THIS SITE IS PROVIDED TO YOU ON AN "AS IS" AND "WHERE-IS" BASIS, WITHOUT ANY WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED. BUSINESS AUTOMATION SOLUTIONS, FOR ITSELF AND ANY THIRD PARTY PROVIDING MATERIALS, SERVICES, OR CONTENT ON THIS SITE, MAKE NO REPRESENTATIONS OR WARRANTIES IN CONNECTION WITH THE SITE INCLUDING BUT NOT LIMITED TO THE QUALITY, SUITABILITY, TRUTH, ACCURACY OR COMPLETENESS OF ANY MATERIAL INFORMATION, PRODUCT, OR SERVICE CONTAINED ON THE SITE. ALL CONDITIONS, REPRESENTATIONS AND WARRANTIES, WHETHER EXPRESS, IMPLIED, STATUTORY OR OTHERWISE, INCLUDING ANY IMPLIED WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT OF THIRD PARTY RIGHTS, ARE HEREBY DISCLAIMED. BUSINESS AUTOMATION SOLUTIONS WILL NOT BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY DAMAGES OF ANY KIND, INCLUDING BUT NOT LIMITED TO, DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL OR PUNITIVE DAMAGES, ARISING FROM OR CONNECTED WITH THE SITE, INCLUDING BUT NOT LIMITED TO, YOUR USE OF THIS SITE OR YOUR INABILITY TO USE THE SITE, EVEN IF BUSINESS AUTOMATION SOLUTIONS HAS PREVIOUSLY BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.  

Please note that some jurisdictions may not allow the above exclusion of implied warranties, so some of the above exclusions may not apply to you.  

LIMITATION OF LIABILITY; DISCLAIMER OF CONSEQUENTIAL DAMAGES

TO THE FULLEST EXTENT PERMITTED BY LAW, THE TOTAL LIABILITY OF BUSINESS AUTOMATION SOLUTIONS TO YOU FOR ALL DAMAGES, LOSSES, AND CAUSES OF ACTION (WHETHER IN CONTRACT OR TORT, INCLUDING, BUT NOT LIMITED TO, NEGLIGENCE OR OTHERWISE) ARISING FROM THIS TERMS OF USE OR YOUR USE OF THE SITE SHALL NOT EXCEED US$100.00.  

YOU UNDERSTAND AND AGREE THAT, TO THE FULLEST EXTENT PERMISSIBLE BY LAW, THIS SITE, BUSINESS AUTOMATION SOLUTIONS, ITS CONTENT SUPPLIERS, ANY THIRD PARTIES MENTIONED ON THE SITE, AND THEIR SUCCESSORS AND ASSIGNS, OR ANY OF THEIR SUBSIDIARIES, AFFILIATES, OR THEIR RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, LICENSORS, REPRESENTATIVES, OPERATIONAL SERVICE PROVIDERS, ADVERTISERS, OR SUPPLIERS, SHALL NOT BE LIABLE FOR ANY LOSS OR DAMAGE OF ANY KIND, DIRECT OR INDIRECT, IN CONNECTION WITH OR ARISING FROM USE OF THE SITE, THE SERVICE OR FROM THIS TERMS OF USE, INCLUDING BUT NOT LIMITED TO DIRECT, INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES (INCLUDING, WITHOUT LIMITATION, LOST PROFITS OR OTHER ECONOMIC LOSS, LOST REIMBURSEMENTS, LOST DATA, OR LOST SAVINGS) ARISING OUT OF OR IN ANY WAY CONNECTED WITH THE USE OF THE SITE OR WITH THE DELAY OR INABILITY TO USE THE SITE, OR FOR THE CONTENT OBTAINED THROUGH THE SITE, OR OTHERWISE ARISING OUT OF THE USE OF THE SITE, WHETHER BASED ON CONTRACT, TORT, STRICT LIABILITY OR OTHERWISE, EVEN IF BUSINESS AUTOMATION SOLUTIONS HAS BEEN ADVISED OF THE POSSIBILITY OF DAMAGES. BECAUSE SOME STATES/JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, THE ABOVE LIMITATION MAY NOT APPLY TO YOU.

Inaccuracies or Errors

The descriptions, pictures and other representations of products and Services on the Site may contain inaccuracies and errors. Business Automation Solutions does not make any warranty or representation with respect to the accuracy or completeness of any such information. Furthermore, the prices and availability of products on the Site may change without notice to you at any time in Business Automation Solutions' sole discretion.

Business Automation Solutions shall have the right to refuse or cancel any orders placed for product or Service listed at an incorrect price. Business Automation Solutions shall have the right to refuse or cancel any such orders whether or not the order has been confirmed and your credit card charged. If your credit card has already been charged for the purchase and your order is canceled, Business Automation Solutions shall promptly issue a credit to your credit card account in the amount of the charge.  

USER SUBMISSIONS

Generally, any communication, which you post to the Site, is considered to be non-confidential. If particular pages on the Site permit the submission of communications that will be treated by Business Automation Solutions as confidential, such a fact will be stated on those pages. By posting communications to the Site, you automatically grant Business Automation Solutions a royalty-free, perpetual, irrevocable, nonexclusive, worldwide, license to use, reproduce, modify, publish, edit, translate, distribute, perform, and display the communication alone or as part of other works in any form, media, or technology, whether now known or hereafter developed, and to sublicense such rights through multiple tiers of sublicenses.

As a user of this Site, you are responsible for your own communications and are responsible for the consequences of their posting. You must not do the following things: Post content that is copyrighted, unless you are the copyright owner or have the permission of the copyright owner to post it; post content that reveals trade secrets, unless you own them or have the permission of the owner; post content that infringes on any other intellectual property rights of others or on the privacy or publicity rights of others; post content that is obscene, defamatory, threatening, harassing, abusive, hateful, or embarrassing to another user or any other person or entity; post a sexually-explicit image; post advertisements or solicitations of business; post chain letters or pyramid schemes; or impersonate another person.

Business Automation Solutions and its Content suppliers do not represent or guarantee the truthfulness, accuracy, or reliability of any of communications posted by other users or endorse any opinions expressed by users. You acknowledge that any reliance on Content posted by other users will be at your own risk.

Business Automation Solutions does not screen communications in advance and is not responsible for screening or monitoring Content posted by users. If notified by a user of communications, which allegedly do not conform to these Terms of Use, Business Automation Solutions may investigate the allegation and determine in good faith and its sole discretion whether to remove or request the removal of the communication. Business Automation Solutions has no liability or responsibility to users for performance or nonperformance of such activities. Business Automation Solutions reserves the right to expel users and prevent their further access to this Site for violating these Terms of Use or the law, and the right, in its sole discretion and without notice, to remove all communications which are abusive, illegal, inaccurate, embarrassing, offensive, or disruptive.  

LINKS TO OTHER SITES

This Site may contain direct or affiliate links to third party websites. These links are provided solely as a convenience to you and not as an endorsement by Business Automation Solutions of the Content or services on such third party websites. Business Automation Solutions is not responsible for the Content or services of linked third party websites and does not make any representations regarding the Content or services on such third party websites. If you decide to access linked third party websites, you do so at your own risk. If you choose to purchase 3rd party products available Via affiliate links, you do so at your own risk.  

From Third Party Websites to Business Automation Solutions Site

All links to a Business Automation Solutions Site by third parties ("linking party") must be approved in writing by Business Automation Solutions, except that Business Automation Solutions consents to links in which the link and the pages that are activated by the link do not:

· Misrepresent your relationship with Business Automation Solutions;

· Imply that Business Automation Solutions endorses or approves the linking party, the linking party’s website, or the linking party’s service or product offerings in any way;

· Create frames or border environments around any page or materials on the Business Automation Solutions Site or use other techniques that alter in any way the visual presentation or appearance of any content within the Business Automation Solutions Site;

· Create comparisons of Business Automation Solutions products or services with competitive products or services;

· Shall not replicate any materials on that Business Automation Solutions Site or any Business Automation Solutions logo or trademark without separate written consent by Business Automation Solutions;

· Present false or misleading impressions about Business Automation Solutions or otherwise damage the goodwill associated with the Business Automation Solutions name and trademarks;

· Contain content that could be construed as abusive, threatening, harassing, profane or offensive, excessively violent, or which violates or encourages others to violate any applicable law, or contains content that could be construed as pornographic, obscene, or sexually explicit materials; and shall contain only content appropriate for all age groups.  

As a further condition to being permitted to link to this site, the linking party agrees that Business Automation Solutions may at any time, in its sole discretion, terminate permission to link to this Site. In such event, the linking party agrees to immediately remove all links to this Site.  

By linking to the Business Automation Solutions Website, linking party agrees to indemnify and hold Business Automation Solutions safe and harmless from, and against, any and all loss, cost, damage, expense, claims, actions, or liability arising from any such link. Business Automation Solutions shall have no liability for any indirect, exemplary, incidental, punitive, special, or consequential damages with regard to the linking or use of such link. Business Automation Solutions makes no warranties express or implied, with respect to such links.  

INDEMNITY

You agree to defend, indemnify, and hold harmless Business Automation Solutions, its content suppliers, business partners, any third parties mentioned on the Site, and their successors and assigns, or any of their subsidiaries, affiliates, or their respective officers, directors, employees, agents, licensors, representatives, operational service providers, advertisers, or suppliers, from and against any claims, actions, demands, costs, damages, liabilities, and expenses, including without limitation reasonable legal and accounting fees, incurred in relation to, arising from, or for the purpose of avoiding, any claim or demand from a third party that your use of the Site or the use of the Site by any person using your user name and/or password (including without limitation your participation in the posting areas or your submissions) violates any applicable law or regulation, or the rights of any third party.

EXPORT CONTROL

You agree to comply strictly with all United States export laws and all other applicable laws, rules, and regulations relating to the export, re-export, use, or transshipment of the materials on this Site (including the Content and all products and Services), and assume sole responsibility for obtaining, at your expense, licenses to export or re-export as may be required. None of these materials on the Site or the Content, or any portion thereof, or underlying information or technology may be transferred, downloaded, or otherwise exported or re-exported (i) into (or to a national or resident of) Cuba, Iraq, Libya, Sudan, North Korea, Iran, Syria or any other country to which the U.S. has embargoed goods; or (ii) to anyone on the U.S. Treasury Departments list of Specially Designated Nationals or the U.S. Commerce Departments Table of Denial Orders. By using this Site you agree to the foregoing and represent and warrant that you are not located in, under the control of, or a national or resident of any such country or on any such list.  

USER INFORMATION

Business Automation Solutions and its Content suppliers may collect, use and disclose information in accordance with the Privacy Statement posted on the Site. In addition, Business Automation Solutions and its Content suppliers may collect, use and disclose information regarding company name, IP addresses, zip codes, entrance/exit pages, search terms, and pages visited of all of the Site's users on an Aggregate Basis. For the purposes of these Terms of Use, "Aggregate Basis" means that we combine anonymous parts of your information with anonymous parts of the information from other users without including any of your Personal Information (please see the Privacy Statement for a description of "Personal Information"). An example of "Aggregate Basis" is monitoring the most widely accessed portions of the Site among the users. If we are able to locate your company name through any legal means, or if you visit our Site due to an email that Business Automation Solutions has sent to you, or that has been forwarded to you, then we may contact your company regarding our products and services.   

LAW ENFORCEMENT

Business Automation Solutions may report to law enforcement authorities any actions that may be illegal. When legally required or at its discretion, Business Automation Solutions will cooperate with law enforcement agencies in any investigation of alleged illegal activity on the Site or concerning any service (referred to herein as a "Service") offered by Business Automation Solutions. Business Automation Solutions does not and cannot review all content of messages submitted to and/or transmitted through the Service. These prohibitions do not require Business Automation Solutions to monitor, police or remove any content or other information submitted by you.

GENERAL

These Terms of Use are effective until terminated or amended by Business Automation Solutions. These Terms of Use will terminate immediately without notice from Business Automation Solutions if, in Business Automation Solutions' sole discretion, you fail to comply with any of the Terms of Use. Upon termination, you must destroy all Content obtained from the Site and any and all other Business Automation Solutions websites and all copies thereof, whether made under the terms and conditions of these Terms of Use, or otherwise.

Business Automation Solutions controls and operates this Site from its headquarters in the United States of America and makes no representation that the materials (including, without limitations, the products and Services) are appropriate or will be available for use in other locations. Unless otherwise explicitly stated, all marketing or promotional materials found on this Site are focused on individuals, companies or other entities located in the United States . If you use this Site from outside the United States of America , you do so at your own risk and you are entirely responsible for compliance with applicable local laws, including but not limited to the export and import regulations.  

These Terms of Use are governed by the internal substantive laws of the State of Illinois, U.S.A, without respect to its conflict of laws principles. If any provision of these Terms of Use is found to be invalid by any court having competent jurisdiction, the invalidity of such provision shall not affect the validity of the remaining provisions of these Terms of Use, which shall remain in full force and effect. No waiver of any term of these Terms of Use shall be deemed a further or continuing waiver of such term or any other term. Except as expressly provided in any other agreement between you and Business Automation Solutions for the use of any products or services offered by Business Automation Solutions, these Terms of Use constitute the entire agreement between you and Business Automation Solutions with respect to the use of this Site. Business Automation Solutions reserves the right to make changes to this Site and to these Terms of Use at any time without notice. Thus, you should check these Terms of Use whenever you visit our Site and agree that your accessing our Site is definitive evidence of your consent to, and acceptance of, these Terms of Use.  

CHOICE OF LAWS; VENUE

You agree that any disputes involving this Site and the Services shall be adjudicated to any federal or state court located in Cook County , Illinois . You also agree to submit to jurisdiction and venue in any state or federal court in Cook County , Illinois . You may not bring any action arising out of these Terms of Use or your use of the Site or the Services, regardless of form or the basis of the claim, more than one (1) year after the cause of action has arisen (or if multiple causes, from the date the first such cause arose). Notwithstanding anything to the contrary, Business Automation Solutions reserves the right to institute proceedings in any jurisdiction in order to (i) obtain interim or provisional relief pending resolution of a dispute; or (ii) collect from you any monies due under an award of the court described above. In the event that you bring an action in an improper forum or outside of the time limit in violation of this section, Business Automation Solutions shall be entitled to recover from you its reasonable attorney’s fees in responding to such action.  

AGENT FOR NOTICE

For purposes of 17 U.S.C. 512(c) and 37 C.F.R. 201.38, Business Automation Solutions' agent for notice is:

Attn: Copyright Agent

Business Automation Solutions, Inc.

3821 Lizette Lane

Glenview , IL 60026

CONTACT US

Inquiry Form

IntelliClick Software

Toll Free (USA): 888.827.5628

International: 847.291.7320

United Kingdom: 01454 316800

Email: info@intelliclicksoftware.com