To review material modifications and their effective dates scroll to the bottom
of the page.
-
Parties. The parties to these Terms of Use are you, and the owner of this ClickAndStick.com
website business, Burada, Inc. ("Burada"). All references to "we", "us", "our",
this "website" or this "site" shall be construed to mean this website business and
Burada.
-
Modification. We reserve the right to modify these Terms of Use at any time, and
without prior notice, by posting an amended Terms of Use that is always accessible
through the Terms of Use link on this site's home page. You should scroll to the
bottom of this page periodically to review material modifications and their effective
dates. YOUR CONTINUED USE OF THIS SITE FOLLOWING OUR POSTING OF A MODIFICATION NOTICE
OR NEW TERMS OF USE ON THIS SITE WILL CONSTITUTE BINDING ACCEPTANCE OF THE MODIFICATION
OR NEW TERMS OF USE.
-
Use And Restrictions. Subject to these Terms of Use and our Privacy Policy, you
may use the public areas of this site, but only for your own internal purposes.
You agree not to access (or attempt to access) this site by any means other than
through the interface we provide, unless you have been specifically allowed to do
so in a separate agreement. You agree not to access (or attempt to access) this
site through any automated means (including use of scripts or web crawlers), and
you agree to comply with the instructions set out in any robots.txt file present
on this site. You are not authorized to (i) resell, sublicense, transfer, assign,
or distribute the site, its services or content; (ii) modify or make derivative
works based on the site, its services or content; or (iii) "frame" or "mirror" the
site, its services or content on any other server or Internet-enabled device. All
rights not expressly granted in this Agreement are reserved by us and our licensors.
-
How We Treat Postings To This Site. We will not treat information that you post
to areas of this site that are viewable by others (for example, to a blog, forum
or chat-room) as proprietary, private, or confidential. We have no obligation to
monitor posts to this site or to exercise any editorial control over such posts;
however, we reserve the right to review such posts and to remove any material that,
in our judgment, is not appropriate. Posting, transmitting, promoting, using, distributing
or storing content that could subject us to any legal liability, whether in tort
or otherwise, or that is in violation of any applicable law or regulation, or otherwise
contrary to commonly accepted community standards, is prohibited, including without
limitation information and material protected by copyright, trademark, trade secret,
nondisclosure or confidentiality agreements, or other intellectual property rights,
and material that is obscene, defamatory, constitutes a threat, or violates export
control laws.
-
Defamation; Communications Decency Act Notice. This site is a provider of “interactive
computer services” under the Communications Decency Act, 47 U.S.C. Section 230,
and as such, our liability for defamation and other claims arising out of any postings
to this site by third parties is limited as described therein. We are not responsible
for content or any other information posted to this site by third parties. We neither
warrant the accuracy of such postings or exercise any editorial control over such
posts, nor do we assume any legal obligation for editorial control of content posted
by third parties or liability in connection with such postings, including any responsibility
or liability for investigating or verifying the accuracy of any content or any other
information contained in such postings.
-
Monitoring. We reserve the right, but not the obligation, to monitor your access
and use of this site without notification to you. We may record or log your use
in a manner as set out in our Privacy Policy that is accessible though the Privacy
Policy link on this site’s home page.
-
Separate Agreements. You may acquire products, services and/or content from this
site. We reserve the right to require that you agree to separate agreements as a
condition of your use and/or purchase of such products, services and/or content.
-
Ownership. The material provided on this site is protected by law, including, but
not limited to, United States copyright law and international treaties. The copyright
in the content of this site is owned by us or others. Except for the limited rights
granted above, all other rights are reserved.
-
DMCA Notice. This site is an Internet "service provider" under the Digital Millennium
Copyright Act, 17 U.S.C. Section 512 (“DMCA”). As Required by the DMCA, this site
maintains specific contact information provided below, including an e-mail address,
for notifications of claimed infringement regarding materials posted to this site.
All notices should be addressed to the contact person specified below (our agent
for notice of claimed infringement):
Notification of Claimed Infringement:
Burada, Inc.
555 Republic Dr, Suite 200
Plano, TX, 75074
Agent's Name/Email Address: compliance.officer-at-ClickAndStick.com
Telephone: 214-556-2705
Facsimile: 972-346-6235
You may contact our agent for notice of claimed infringement specified above with
complaints regarding allegedly infringing posted material and we will investigate
those complaints. If the posted material is believed in good faith by us to violate
any applicable law, we will remove or disable access to any such material, and we
will notify the posting party that the material has been blocked or removed.
In notifying us of alleged copyright infringement, the DMCA requires that you include
the following information: (i) description of the copyrighted work that is the subject
of claimed infringement; (ii) description of the infringing material and information
sufficient to permit us to locate the alleged material; (iii) contact information
for you, including your address, telephone number and/or e-mail address; (iv) a
statement by you that you have a good faith belief that the material in the manner
complained of is not authorized by the copyright owner, or its agent, or by the
operation of any law; (v) a statement by you, signed under penalty of perjury, that
the information in the notification is accurate and that you have the authority
to enforce the copyrights that are claimed to be infringed; and (vi) a physical
or electronic signature of the copyright owner or a person authorized to act on
the copyright owner's behalf. Failure to include all of the above-listed information
may result in the delay of the processing of your complaint.
-
Warranty Disclaimers. EXCEPT AS MAY BE PROVIDED IN ANY SEPARATE WRITTEN AGREEMENTS
SIGNED BY THE PARTIES, THE SERVICES, CONTENT, AND/OR PRODUCTS ON THIS SITE ARE PROVIDED
“AS-IS”, AND NEITHER WE NOR ANY OF OUR LICENSORS MAKE ANY REPRESENTATION OR WARRANTY
WITH RESPECT TO SUCH PRODUCTS, SERVICES, AND/OR CONTENT. EXCEPT AS MAY BE PROVIDED
IN ANY SEPARATE WRITTEN AGREEMENT SIGNED BY THE PARTIES OR SEPARATE AGREEMENT ORIGINATING
FROM THIS SITE, THIS SITE AND ITS LICENSORS SPECIFICALLY DISCLAIM, TO THE FULLEST
EXTENT PERMITTED BY LAW, ANY AND ALL WARRANTIES, EXPRESS OR IMPLIED, RELATING TO
THIS SITE OR PRODUCTS, SERVICES AND/OR CONTENT ACQUIRED FROM THIS SITE, INCLUDING
BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, COMPLETENESS, TIMELINESS,
CORRECTNESS, NON-INFRINGEMENT, OR FITNESS FOR ANY PARTICULAR PURPOSE. THIS SITE
AND ITS LICENSORS DO NOT REPRESENT OR WARRANT THAT THIS SITE, ITS PRODUCTS, SERVICES,
AND/OR CONTENT: (A) WILL BE SECURE, TIMELY, UNINTERRUPTED OR ERROR-FREE OR OPERATE
IN COMBINATION WITH ANY OTHER HARDWARE, SOFTWARE, SYSTEM OR DATA, (B) WILL MEET
YOUR REQUIREMENTS OR EXPECTATIONS, OR (C) WILL BE FREE OF VIRUSES OR OTHER HARMFUL
COMPONENTS. THESE DISCLAIMERS CONSTITUTE AN ESSENTIAL PART OF THIS AGREEMENT. NO
PURCHASE OR USE OF THE ITEMS OFFERED BY THIS SITE IS AUTHORIZED HEREUNDER EXCEPT
UNDER THESE DISCLAIMERS. IF IMPLIED WARRANTIES MAY NOT BE DISCLAIMED UNDER APPLICABLE
LAW, THEN ANY IMPLIED WARRANTIES ARE LIMITED IN DURATION TO THE PERIOD REQUIRED
BY APPLICABLE LAW. SOME STATES OR JURISDICTIONS DO NOT ALLOW LIMITATIONS ON HOW
LONG AN IMPLIED WARRANTY MAY LAST, SO THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU.
-
Limitation of Liability. IN NO EVENT SHALL THIS SITE AND/OR ITS LICENSORS BE LIABLE
TO ANYONE FOR ANY DIRECT, INDIRECT, PUNITIVE, SPECIAL, EXEMPLARY, INCIDENTAL, CONSEQUENTIAL
OR OTHER DAMAGES OF ANY TYPE OR KIND (INCLUDING LOSS OF DATA, REVENUE, PROFITS,
USE OR OTHER ECONOMIC ADVANTAGE) ARISING OUT OF, OR IN ANY WAY CONNECTED WITH THIS
SITE, ITS PRODUCTS, SERVICES, AND/OR CONTENT, ANY INTERRUPTION, INACCURACY, ERROR
OR OMISSION, REGARDLESS OF CAUSE, EVEN IF THIS SITE OR OUR LICENSORS HAVE BEEN PREVIOUSLY
ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
-
Links to This Site. We grant to you a limited, revocable, and nonexclusive right
to create a hyperlink to this site provided that the link does not portray us or
our products or services in a false, misleading, derogatory, or offensive matter.
You may not use any logo, trademark, or tradename that may be displayed on this
site or other proprietary graphic image in the link without our prior written consent.
-
Links to Third Party Websites. We do not review or control third party websites
that link to or from this site, and we are not responsible for their content, and
do not represent that their content is accurate or appropriate. Your use of any
third party site is on your own initiative and at your own risk, and may be subject
to the other sites’ terms of use and privacy policy.
-
Participation In Promotions of Advertisers. You may enter into correspondence with
or participate in promotions of advertisers promoting their products, services or
content on this site. Any such correspondence or participation, including the delivery
of and the payment for products, services or content, are solely between you and
each such advertiser.
-
15. Consumer Rights Information; California Civil Code Section 1789.3. If this site
charges for services, products, content, or information, pricing information will
be posted as part of the ordering process for this site. We maintain specific contact
information including an e-mail address for notifications of complaints and for
inquiries regarding pricing policies in accordance with California Civil Code Section
1789.3. All correspondence should be addressed to our agent for notice at the following
address:
Notification of Consumer Rights Complaint or Pricing Inquiry:
Burada, Inc.
555 Republic Dr, Suite 200
Plano, TX, 75074
Contact: compliance.officer-at-ClickAndStick.com
Telephone:214-556-2705
Facsimile:972-346-6235
You may contact us with complaints and inquiries regarding pricing and we will investigate
those matters and respond to the inquiries.
The Complaint Assistance Unit of the Division of Consumer Services of the Department
of Consumer Affairs may be contacted in writing at 1020 N. Street, #501, Sacramento, CA 95814, or by telephone at 1-916-445-1254.
-
Arbitration. Except for actions to protect intellectual property rights and to enforce
an arbitrator’s decision hereunder, all disputes, controversies, or claims arising
out of or relating to this Agreement or a breach thereof shall be submitted to and
finally resolved by arbitration under the rules of the American Arbitration Association
(“AAA”) then in effect. There shall be one arbitrator, and such arbitrator shall
be chosen by mutual agreement of the parties in accordance with AAA rules. The arbitration
shall take place in Plano, Texas, USA, and may be conducted by telephone or online.
The arbitrator shall apply the laws of the State of Texas, USA to all issues in
dispute. The controversy or claim shall be arbitrated on an individual basis, and
shall not be consolidated in any arbitration with any claim or controversy of any
other party. The findings of the arbitrator shall be final and binding on the parties,
and may be entered in any court of competent jurisdiction for enforcement. Enforcements
of any award or judgment shall be governed by the United Nations Convention on the
Recognition and Enforcement of Foreign Arbitral Awards. Should either party file
an action contrary to this provision, the other party may recover attorney's fees
and costs up to $1000.00.
-
Jurisdiction And Venue. The courts of Collin County in the State of Texas, USA and
the nearest U.S. District Court shall be the exclusive jurisdiction and venue for
all legal proceedings that are not arbitrated under these Terms of Use.
-
Controlling Law. This Agreement shall be construed under the laws of the State of
Texas, USA, excluding rules regarding conflicts of law. The application the United
Nations Convention of Contracts for the International Sale of Goods is expressly
excluded.
-
Intended For Use Only Within The United States. This site is intended for use only
from within the United States. We do not represent that this site is appropriate
for use elsewhere. Access to this site from locations where its contents are illegal
is not authorized.
-
Onward Transfer of Personal Information Outside Your Country of Residence. Any personal
information which we may collect on this site will be stored and processed in our
servers located only in the United States. If you reside outside the United States,
you consent to the transfer of personal information outside your country of residence
to the United States.
-
Force Majeure. We shall not be liable for damages for any delay or failure of delivery
arising out of causes beyond our reasonable control and without our fault or negligence,
including, but not limited to, Acts of God, acts of civil or military authority,
fires, riots, wars, embargoes, Internet disruptions, hacker attacks, or communications
failures.
-
Privacy. Please review this site's Privacy Policy which also governs your visit
to this site. Our Privacy Policy is always accessible on our site's home page.
Material Modifications Since January 1, 2009: none.