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TERMS OF USE FOR CLICKBANK HOTSHOTS
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The terms of use outlined on this page specify your agreed to conditions for use
of this website ("site"). By accessing this site, you signify your agreement to
these terms of use. Please read them carefully.
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These Terms of Use represent the entire Agreement between ClickBank Hotshots
("site", "we", "our" and "us") and you. These terms of use supercede any prior agreements
concerning the same subject matter.
THIS MEANS WE MAY CHANGE THESE TERMS OF USE AT ANY TIME. THEREFORE YOU ARE URGED TO REVIEW
THESE TERMS OF USE EACH TIME YOU VISIT THE SITE. BY ACCESSING THE SITE AFTER A CHANGE TO THESE
TERMS OF USE, YOU ARE INDICATING THAT YOU HAVE ACCEPTED THE CHANGES.
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PERSONAL INFORMATION AND PRIVACY
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See our Privacy for our policy regarding the collection and use of personal information.
You agree that we may collect and use the member information described in our Privacy Policy as
per the terms and conditions provided in our Privacy Policy.
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All material either presented on this Site, or downloaded from it, including but not limited
to images and text ("Materials"), are protected by copyright and/or other intellectual property
laws, and are owned and controlled by ClickBank Hotshots or its partners. You may not
copy, reproduce, republish, upload, post, transmit, distribute and/or create derivative works
from the Materials in any way. Use of any Material without express permission by
ClickBank Hotshots is a violation of our intellectual property rights and is prohibited
by these Terms of Use.
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This Site allows registered members to post their reviews, comments, and other content in various
places on the Site. You may post such content so long as it is not illegal, obscene, objectionable,
threatening, defamatory, invasive of privacy, infringing of intellectual property rights, or
otherwise injurious to third parties, and does not consist of or contain software viruses,
political campaigning, commercial solicitation, chain letters, mass mailings, or any form of "spam."
You may also not use a false e-mail address, impersonate any person or entity, or otherwise
mislead with regard to the true authorship of your postings.
We reserve the right (but are not obligated) to remove or edit such content. If you post any
such content, you grant us a non-exclusive, royalty-free, perpetual, irrevocable and fully
sublicensable right to use, reproduce, modify, adapt, publish, translate, create derivative
works from, distribute and display such content throughout the world in any media. You also
grant us the right to use the name that you submit with any such content. You represent and
warrant that you own or otherwise control all of the rights to any content that you post and
that our use of your content will not infringe upon or violate the rights of any third party.
We do not want to receive confidential or proprietary information from you through this Site
or otherwise. Please note that any information or material you submit through this Site or in
any other manner will not be deemed to be confidential. By sending us any information or material,
you grant us an unrestricted, irrevocable license to use, reproduce, modify, adapt, publish,
translate, create derivative works from, distribute and display such information or material.
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YOUR ACCESS TO AND USE OF THE SITE ARE SOLELY AT YOUR OWN RISK. THE SITE IS PROVIDED "AS-IS,"
AND TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, WE DISCLAIM ALL OTHER REPRESENTATIONS
AND WARRANTIES, EXPRESS OR IMPLIED, REGARDING THE SITE INCLUDING WITHOUT LIMITATION ITS FITNESS
FOR A PARTICULAR PURPOSE, ITS QUALITY, ITS MERCHANTABILITY, ITS PERFORMANCE, ITS NONINFRINGEMENT
OF THIRD PARTY RIGHTS, ITS ACCURACY, COMPLETENESS OR OTHER CHARACTERISTICS, OR THE RESULTS
OBTAINED BY USING THE SITE. WE DO NOT WARRANT THAT THE SITE IS FREE FROM BUGS, VIRUSES, ERRORS,
OR OTHER PROGRAM LIMITATIONS, NOR DO WE WARRANT ACCESS TO THE INTERNET OR ANY OTHER SERVICE
THROUGH THE SITE. SOME STATES DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES, SO THE ABOVE
EXCLUSIONS MAY NOT APPLY TO YOU. IN THAT EVENT, ANY IMPLIED WARRANTIES ARE LIMITED IN SCOPE TO
THE EXTENT PERMITTED BY APPLICABLE LAW AND IN DURATION TO NINETY (90) DAYS FROM THE INITIAL
DATE OF ACCESSING THE SITE.
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IN NO EVENT SHALL ClickBank Hotshots BE LIABLE TO YOU FOR ANY THIRD PARTY CLAIM
OR FOR ANY CONSEQUENTIAL, DIRECT, INCIDENTAL OR SPECIAL DAMAGES, INCLUDING WITHOUT LIMITATION,
ANY GOODWILL, LOST PROFITS OR LOST SAVINGS, REGARDLESS OF THE FORM OF ACTION WHETHER IN CONTRACT,
TORT (INCLUDING NEGLIGENCE), STRICT PRODUCT LIABILITY OR OTHERWISE, EVEN IF IT WAS FORSEEABLE
OR THE POSSIBILITY OF SUCH DAMAGES WAS BROUGHT TO OUR ATTENTION. YOU AGREE THAT YOUR SOLE
REMEDY AGAINST US FOR LOSS OR DAMAGE CAUSED BY THE SITE, REGARDLESS OF THE FORM OF ACTION,
WHETHER IN CONTRACT OR IN TORT, INCLUDING NEGLIGENCE, STRICT LIABILITY OR OTHERWISE, IS LIMITED
TO $50. SOME STATES OR JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL,
CONSEQUENTIAL OR SPECIAL DAMAGES, SO SOME OF THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU.
IN THAT EVENT, RECOVERABLE DAMAGES WILL BE LIMITED IN SCOPE AND AMOUNT TO THE LEAST ALLOWABLE
UNDER APPLICABLE LAW.
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You agree to indemnify, defend and hold ClickBank Hotshots and our licensors harmless,
as well as our and their affiliates, officers, directors, employees, consultants and agents,
from all third party claims, liability, damages and costs (including attorneys' fees) arising
from your unauthorized or improper use of the Site or the Materials, your breach of these Terms
of Use or your infringement of any intellectual property or other rights of any person or entity.
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GOVERNING LAW, JURISDICTION, AND LITIGATION COSTS
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These Terms of Use shall be construed and governed by the internal laws of the State of
California, U.S.A., excluding the application of its choice of law principles. You hereby agree
to submit to the personal jurisdiction of the state and federal courts of the State of California.
Exclusive venue, and any filings, for any litigation permitted under this Agreement shall be with
the state and federal courts located in Pasadena, California. If we bring any action against you
or you bring any action against us regarding the subject matter of these Terms of Use, the
prevailing party shall be entitled to recover, in addition to other relief granted, reasonable
attorneys fees and expenses of litigation. Notwithstanding any other provision of these
Terms of Use, we have the right to seek the remedy of specific performance of any term contained
in these Terms of Use, or a preliminary or permanent injunction against the breach of any such
term or in aid of the exercise of any power granted in these Terms of Use, or any combination
thereof, in any court having jurisdiction thereof.
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If any provision of these Terms of Use, or their application to any person, place, or
circumstance, is held by a court of competent jurisdiction to be invalid, unenforceable or
void, the remainder of these Terms of Use and such provisions as applied to other persons,
places and circumstances shall remain in full force and effect. Neither our failure nor our
delay in exercising, enforcing or taking action against you with respect to any of our rights
or powers shall operate as a waiver of such powers or rights. No single or partial exercise by
us of any of our powers or rights will preclude us from exercising such powers and rights in
the future or from exercising other powers and rights.
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