CLIQUE ID

TERMS OF USE

Introduction

Clique ID is a Web-based service operated by Clique, Inc. (“Clique”) that makes it easy for you to sign in to various Web sites and conduct various online transactions. Such services are referred to in this document as the “Clique ID Services.” The Clique ID Services make it possible for you to use your e-mail address and a single password to sign in to any Web site, service or system participating in the Clique ID system. Look for the Clique ID logo on participating Web sites, or for a list of participating sites where you can use the Clique ID Service, please click here.

Legal Agreement Between You And Clique

These Terms of Use constitute a legal agreement between you and Clique You must accept without modification all of the terms, conditions, and notices contained in these Terms of Use in order to access and use the Clique ID Services. If you do not accept these Terms of Use in their entirety, you may not access or use the Clique ID Services.

Modification Of These Terms Of Use

Clique may wish to update or change the terms, conditions, and notices for the Clique ID Services from time to time to reflect changes in the Services, changes in the laws affecting the Services, or for other good reasons. You understand that Clique reserves the right to make these changes and that you are responsible for regularly reviewing these Terms of Use, as posted on the Clique ID Web site. Continued access to or use of the Clique ID Services after any such change shall constitute your consent to such change. Unless explicitly stated otherwise, any new features that change or improve the Clique ID Services shall be subject to the Terms of Use, as modified from time to time.

Privacy And Personal Information

You are required to have a Clique ID account to use the Clique ID Services. To set up an account, you must provide information about yourself and you are required to update this information as necessary in order to keep it current. Additionally, data pertaining to your online transactions, purchase history and usage patterns may be collected, analyzed and stored by the Clique ID Services. Clique agrees that it will only use and/or disclose your personal information in accordance with the terms of the Clique ID Privacy Statement. The Clique ID Privacy Statement is hereby incorporated by reference into these Terms of Use. By agreeing to these Terms of Use, you are also agreeing to the Clique ID Privacy Statement. Please carefully review the Clique ID Privacy Statement. If you do not accept the Clique ID Privacy Statement in its entirety, you may not access or use the Clique ID Services. The Clique ID Privacy Statement shall supersedes any conflicting language in these Terms of Use.

You Are Responsible For Your Account

You are responsible for maintaining the confidentiality of your Clique ID password, which is needed to access your account. Furthermore, you are responsible for all activities that occur in your account and you agree to notify Clique immediately of any unauthorized use of your account. Clique is not responsible for any loss that you may incur as a result of any unauthorized person using your account or your password.

Personal And Non-Commercial Use Only

You may only use the Clique ID Services for your own personal and non-commercial purposes. You must enter into a different legal agreement with Clique if you wish to offer the Clique ID Services to users of your own application, Web site, or Web service. Each Clique ID account may only be used by a single user, and you may not allow or permit anyone else to use your Clique ID account to access the Clique ID Services. You may not modify, copy, distribute, transmit, display, perform, reproduce, publish, license, create derivative works from, transfer, or sell any information, software, products or services that are part of the Clique ID Services except as expressly provided in these Terms of Use.

Third-Party Sites

The Clique ID Web site contains links to other Web sites ("Linked Sites"), including but not limited to other Web sites participating in the Clique ID system. The Linked Sites are not under the control of Clique and Clique is not responsible for the contents of any Linked Site, including without limitation any link contained in a Linked Site, or any changes or updates to a Linked Site. Clique is not responsible for Web casting or any other form of transmission received from any Linked Site, nor is Clique responsible if the Linked Site is not working correctly. Clique is providing these links to you only as a convenience, and the inclusion of any link does not imply endorsement by Clique of the site or any association with its operators. You are responsible for viewing and abiding by the privacy statements and terms of use posted at the Linked Sites. You are solely responsible for any dealings with third parties (including advertisers) who support the Clique ID Services or are identified on the Clique ID Web site, including the delivery of and payment for goods and services.

Participating Third Party Sites

These Terms of Use apply to you whenever you access or use the Clique ID Services. When you use the Clique ID Services to gain access to any Clique ID participating site, service or system, the terms, conditions, and privacy policies associated with that site, service or system may also apply to you. Please refer to the applicable terms of use and privacy statement associated with each participating site or service that you visit.

Prohibited Uses

You agree that you will not: (1) use the Clique ID Services for any purpose that is unlawful or contrary to these Terms of Use; (2) use the Clique ID Services in any manner that could damage, disable, overburden, or impair the Clique ID Services or interfere with any other party's use and enjoyment of them; (3) attempt to gain unauthorized access to any Clique ID account, computer systems or networks associated with the Clique ID Services; or (4) obtain or attempt to obtain any materials or information through the Clique ID Services by any means not intentionally made available or provided for.

Your Feedback, Suggestions And Other Materials Submitted To Clique

Clique wants your voluntary feedback and suggestions on the Clique ID Services so that we can continually improve the services for you and other customers. When you submit feedback and suggestions, please understand that Clique needs to have full rights to use your feedback and suggestions without any encumbrances. In particular, you understand and agree that by submitting any feedback or suggestions to Clique, you warrant and represent that you own or otherwise control the rights necessary to do so and you are granting Clique and its affiliated companies permission to use, modify, copy, distribute, transmit, publicly display, publicly perform, reproduce, publish, sublicense, create derivative works from, transfer, or sell any such feedback or suggestions, and to sublicense to third parties the unrestricted right to exercise any of the foregoing rights granted with respect to the feedback or suggestions. These grants include the right to exploit any proprietary rights in such feedback or suggestions, including rights under copyright, trademark, service mark or patent laws in any relevant jurisdiction. No compensation will be paid with respect to Clique's use of the materials contained within such feedback or suggestions. Clique is under no obligation to post or use any materials you may provide and may remove such materials at any time at Clique's sole discretion. This section is not applicable to any personally identifiable information that you provide in connection with your registration for the Clique ID Services, or to any data pertaining to your online transactions, purchase history or usage patterns. For terms and conditions governing the use of such information and data, please refer to the Clique ID Privacy Statement. This section also is not applicable to any documents, information, or other data that you upload, transmit or otherwise submit to or through any Clique ID participating sites and services. Please refer to the terms and conditions for such Clique ID participating sites and services to determine the rights of the Web site or service provider to such documents, information and/or data.

Software And Content Available On The Clique ID Services

All content and software (if any) that is made available to view and/or download from the Web pages that are part of the Clique ID Services (respectively, “Content” and “Software”) is owned by and is the copyrighted work of Clique and/or its suppliers or affiliates. Your use of the Content and Software is governed by the terms of the license agreement, if any, that accompanies or is included with the Content and Software ("License Agreement"). You may not install or use any Content or Software that is accompanied by or includes a License Agreement unless you first agree to the License Agreement terms. For any Content and Software not accompanied by a license agreement, Clique hereby grants to you, the user, a personal, non-transferable license to use the Content and Software for viewing and otherwise using the Clique ID Services in accordance with these Terms of Use, and for no other purpose, provided that you keep intact all copyright and other proprietary notices. All Content and Software is owned by Clique and/or its suppliers or affiliates and is protected by copyright laws and international treaty provisions. Any reproduction or redistribution of the Content or Software is expressly prohibited by law, and may result in severe civil and criminal penalties. Violators will be prosecuted to the maximum extent possible. WITHOUT LIMITING THE FOREGOING, COPYING OR REPRODUCTION OF SOFTWARE TO ANY OTHER SERVER OR LOCATION FOR FURTHER REPRODUCTION OR REDISTRIBUTION IS EXPRESSLY PROHIBITED. THE SOFTWARE IS WARRANTED, IF AT ALL, ONLY ACCORDING TO THE TERMS OF THE LICENSE AGREEMENT. You acknowledge that the Software, and any accompanying documentation and/or technical information, is subject to applicable export control laws and regulations of the United States of America. You agree not to export or re-export the Software, directly or indirectly, to any countries that are subject to United States of America export restrictions.

Warranty Disclaimer

CLIQUE AND ITS RESPECTIVE SUPPLIERS AND AFFILIATES MAKE NO REPRESENTATIONS OR WARRANTY ABOUT THE SUITABILITY, RELIABILITY, AVAILABILITY, TIMELINESS, AND ACCURACY OF THE INFORMATION, SOFTWARE, PRODUCTS, SERVICES, AND RELATED GRAPHICS CONTAINED ON OR OBTAINED THROUGH THE CLIQUE ID SERVICES FOR ANY PURPOSE. ALL SUCH INFORMATION, SOFTWARE, PRODUCTS, SERVICES, AND RELATED GRAPHICS ARE PROVIDED "AS IS" WITHOUT WARRANTY OF ANY KIND. CLIQUE AND/OR ITS RESPECTIVE SUPPLIERS HEREBY DISCLAIM ALL WARRANTIES AND CONDITIONS WITH REGARD TO THIS INFORMATION, SOFTWARE, PRODUCTS, SERVICES, AND RELATED GRAPHICS, INCLUDING ALL IMPLIED WARRANTIES AND CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT.

Limitation of Liability

IN NO EVENT SHALL CLIQUE, ITS SUPPLIERS OR AFFILIATES BE LIABLE FOR ANY DIRECT, INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, OR CONSEQUENTIAL DAMAGES, OR ANY DAMAGES WHATSOEVER INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF USE, DATA, OR PROFITS, ARISING OUT OF OR IN ANY WAY CONNECTED WITH THE USE OR PERFORMANCE OF THE CLIQUE ID SERVICES, WITH THE DELAY OR INABILITY TO USE THE CLIQUE ID SERVICES, THE PROVISION OF OR FAILURE TO PROVIDE SERVICES, OR FOR ANY INFORMATION, SOFTWARE, PRODUCTS, OR SERVICES OBTAINED THROUGH THE CLIQUE ID SERVICES, OR OTHERWISE ARISING OUT OF THE USE OF THE CLIQUE ID SERVICES, WHETHER BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY, OR OTHERWISE, EVEN IF CLIQUE OR ANY OF ITS SUPPLIERS OR AFFILIATES HAS BEEN ADVISED OF THE POSSIBILITY OF DAMAGES. BECAUSE SOME STATES OR JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, THE ABOVE LIMITATION MAY NOT APPLY TO YOU. IF YOU ARE DISSATISFIED WITH ANY PORTION OF THE CLIQUE ID SERVICES, OR WITH ANY OF THESE TERMS OF USE, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USING THE CLIQUE ID SERVICES.

Customer Support

Clique provides information about how to use the Clique ID Services on the Clique ID Web site. If you have any questions about the Clique ID Services or any problems that you would like to report, please contact us or visit Clique ID Customer Support.

Termination And Restriction Of Access

Clique reserves the right, in its sole discretion, to terminate your access to the Clique ID Services or any portion thereof at any time, without notice. Clique may also terminate or suspend your access to the Clique ID Services for inactivity, which is defined as failing to sign in to the Services for an extended period of time, as determined by Clique Upon termination of your Clique ID account, your right to use the Clique ID Services immediately ceases.

General

These Terms of Use are governed by the laws of the State of California, U.S.A. You hereby irrevocably consent to the exclusive jurisdiction and venue of courts in San Francisco County, California, U.S.A. in all disputes arising out of or relating to the use of the Clique ID Services. You agree that no joint venture, partnership, employment, or agency relationship exists between you and Clique as a result of these Terms of Use or use of the Clique ID Services. Clique may assign these Terms of Use, in whole or in part, at any time. Clique's performance of this agreement is subject to existing laws and legal process, and nothing contained in these Terms of Use is in derogation of Clique's right to comply with governmental, court, and law enforcement requests or requirements relating to your use of the Clique ID Services or information provided to or gathered by Clique with respect to such use. You agree to indemnify and hold Clique, its parents, subsidiaries, affiliates, officers, and employees, harmless from any claim, demand, or damage, including reasonable attorneys' fees, asserted by any third party due to or arising out of your use of or conduct on the Clique ID Services. If any part of these Terms of Use are determined to be invalid or unenforceable pursuant to applicable law including, but not limited to, the warranty disclaimers and liability limitations set forth above, then the invalid or unenforceable provision will be deemed superseded by a valid, enforceable provision that most closely matches the intent of the original provision and the remainder of these Terms of Use shall continue in effect. These Terms of Use, including the Privacy Statement expressly incorporated by reference above, constitute the entire agreement between you and Clique with respect to the Clique ID Services and supersede all prior or contemporaneous communications and proposals, whether electronic, oral, or written, between you and Clique with respect to the Clique ID Services. A printed version of these Terms of Use and of any notices given in electronic form shall be admissible in judicial or administrative proceedings based upon or relating to this agreement to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form. For more information regarding your privacy, see the Clique ID Privacy Policy.

Intellectual Property Notices

All contents of the Clique ID Web Site are: Copyright © 2003-2005 by Clique, Inc. and/or its suppliers. All rights reserved.

“Clique” and “Clique ID” are trademark of Clique, Inc. The company, product, and brand names of companies, products and services mentioned herein may be the trademarks of their respective owners.

Clique, Inc. may have patents, patent applications, trademarks, copyrights, or other intellectual property rights covering subject matter in the Clique ID Services, including the Web pages that are part of the Clique ID Services. Except as expressly provided in these Terms of Use, the provision of the Clique ID Services and the furnishing of such Web pages to you does not give you any license to these patents, trademarks, copyrights, or other intellectual property. Any rights not expressly granted herein are reserved.

Revised February 19, 2005