Effective Date: This Terms of Use is effective and was last updated as of January 1, 2024.
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 website, or the linking party 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 attorneys
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
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