TERMS AND CONDITIONS
1. Use of Website and service
1.1 Please read these Terms & Conditions (the 'Terms') before using this website which is operated by CLICKED, LLC ('CLICKED', 'we' or 'our'), a limited liability company registered in the State of Maryland. Please retain a copy of these Terms for your future reference.
1.2 By using and/or registering with www.clickedleaders.com (the "Website") or by participating in any Event (as defined below), you signify your agreement to be bound by these Terms.
1.3 From time to time we may modify the Terms. Accordingly, please review the Terms regularly whenever accessing or using our Website and in advance of your attendance at an Event. Your continued use of our Website and any Services following any such change constitutes your agreement to follow and be bound by the Terms, as amended.
1.4 If at any time you do not wish to accept the Terms, please do not use our Website or our Services. Please contact firstname.lastname@example.org if you have any queries in this regard.
1.5 From time to time CLICKED may run competitions and promotions via this Website. Where applicable, separate terms and conditions will be displayed, which will govern such competitions and promotions.
'Communications' means any and all communications submitted by you in connection with the Website or the Service, including but not limited to communications with other Users or between Members;
'Contribution' means any and all contributions by Users via or to the Website including but not limited to any text and/or images submitted for personal profiles and any material posted on any message boards or via message boxes;
'Event' means any event organized by CLICKED including but not limited to Introductory Events;
'Guest' means a person who is a guest of a Member or Registered User and who has been prior approved in writing by us to purchase tickets for and attend an Event with the relevant Member or Registered User (as the case may be) in accordance with such terms as we may require for such attendance;
'Introductory Event' means an introductory event to which you may be invited as an existing Member, a Registered User or a Guest;
'Member' means any person whose application for registration as a member with the Website and/or CLICKED has been accepted by us and remains valid;
'Service' means the service provided by CLICKED to Users including but not limited to using the Website, registration as a Registered User and/or Member together with any and all associated benefits including the ability to participate in Events;
'User' means any User of the Website including but not limited to Registered Users and Members;
'Registered User' means any Users who register with the Website but who have not yet been accepted as a Member, including but not limited to Users who sign up to our newsletters and e-bulletins.
3. Accessing Our Website
3.1 If you are provided with a user name, identification code, password or any other piece of information as part of our security procedures, you must treat such information as personal and confidential to you, and you must not disclose this to any third party. We have the right to disable any user name, identification code, password, or other security procedures (whether chosen by you or allocated by us), at any time, if in our opinion you have failed to comply with any of these Terms.
3.2 You are responsible for making all arrangements necessary for you to have access to our Website. You are also responsible for and shall remain liable for anyone accessing or using the Service using your user name, identification code, password or other information provided as part of our security procedures. Please ensure that anyone accessing our Website through your Internet connection is aware of these Terms.
4. How a contract is formed between you and us.
4.1 Any quotation given by us is only an invitation to apply for membership to subscribe to an additional membership service or to participate in an Event, as the case may be. No contract will exist between us until you have submitted to us such an application and we have accepted this by means of a confirmation email.
5. Membership and Membership Fees
5.1 You can become a Registered User by completing our registration form. There is no cost to register as a Registered User. Registered Users or their Guests may be invited by CLICKED in its absolute discretion to become full Members.
5.2 Application for membership is strictly by invitation from CLICKED only. Please note that Event fees are additional to your annual fee and any subscription fee (see below).
5.3 Additional membership services are payable on a monthly or quarterly subscription basis as detailed on the Website. All additional membership services are optional unless otherwise communicated to new Members during the membership application process or to existing Members prior to annual membership renewal.
5.4 All membership and subscription fees are payable in U.S. Dollars inclusive of any applicable sales taxes, in those cases where CLICKED is obliged to collect such taxes. All such fees are payable via our Website using a Credit or Debit card only. Payments will not be treated as having been made until CLICKED has received cleared funds in respect of all sums due.
5.5 Members shall not be given access to the Member-only Services until such time as payment for the full membership fee has been received by us.
5.6 You may cancel your membership by notifying us by post or email within seven (7) working days of the day after you have requested your membership. You will lose your right to cancel if you communicate with any Member through the Website or if you have opened a communication from another Member through the Website or if you have attended an Event during this seven (7) day period. We will refund any valid cancellations within thirty (30) days of receipt of your notice to cancel. After seven (7) days, you will not be entitled to a refund (in whole or part) of the membership fee.
5.7 You have the right to cancel your subscription to any additional membership service and obtain a full refund if you notify us by post or email within seven (7) working days of the day after you have requested any such additional membership service. We will refund any valid cancellations within thirty (30) days of receipt of your notice to cancel. You will lose your right to a full refund if you have used or received any additional membership service during this seven (7) day period. Thereafter you may cancel your subscription at any time by notice by post or email provided that such notice is given in writing and no less than seven (7) days before the end of the relevant period (ie the period to which your subscription payment applies). No further charges for the subscription will be made to your Credit or Debit card and you may continue to use the additional membership service for the period for which you have paid but you will not be entitled to any refund.
5.8 We have the right at our absolute discretion to limit the number of Members or to refuse membership or membership renewal to any person for any reason.
5.9 Membership is not transferable.
5.10 We may change our policy on membership and subscription fees at any time and any change will be immediately effective for new members and effective upon renewal of membership for existing Members.
6. Events and Event fees
6.1 Event fees are determined on an event by event basis. Fees are displayed on the Website and are in U.S. Dollars inclusive of sales taxes, if applicable. All Event fees are payable via our Website using a Credit or Debit card only and must be paid in advance of attendance. Payments for Events will not be treated as having been made until we have received cleared funds in respect of all sums due and we reserve the right to refuse admission to an Event in cases of non-payment prior to the relevant Event.
6.2 Except for Introductory Events, or where your attendance or that of your Guest(s) at Events has been prior approved by us in writing, you must be a current and valid Member to attend or participate in any Event. We may require that any and all Members, Guests and/or other Event attendees have a valid e-ticket (or other identifier) prior to being granted access to an Event. We reserve the right to refuse you or Guest(s) admission or to stop your or their continued participation in an Event if you/they do not have a valid e-ticket (or other identifier) and/or if your/their name(s) are not on the Event attendee list.
6.3 Subject to availability restrictions, Registered Users are eligible to buy tickets for, attend and participate in Introductory Events. Each Registered User may nominate up to twelve (12) Guests (up to a maximum of six (6) male Guests and up to a maximum of (6) female guests) who may buy tickets for, attend and participate in an Introductory Event. Acceptance of requests for tickets to attend Introductory Events (whether by Registered Users or Guests) is entirely at CLICKED's discretion.
6.4 We have the right at our absolute discretion to limit the number of Members, Registered Users or Guests who may attend any Event or on reasonable grounds to prevent any Member, Registered User or Guest from taking part in or continuing to participate in any Event.
6.5 We reserve the right to cancel or to change the date, time, program or venue of any Event for any reason, including but not limited to situations where the requisite numbers of participants for an Event have not been met by the applicable deadline for that Event. If you purchase ticket(s) for an Event(s) we will use commercially reasonable efforts to inform you of any such change as soon as possible and you agree that it shall be your responsibility to inform any person for whom you have bought tickets of any change to an Event
6.6 Our liability to you in respect of cancellations or variations of Events shall be limited to the return of any sums paid by you in relation to that Event.
6.7 We are entitled to withdraw from any contract in the case of obvious errors or inaccuracies regarding Service(s), ticket(s) for an Event(s) and/or additional membership services appearing on our web site. If an error or inaccuracy is discovered with regards to the advertised price of the Services, Events and/or additional membership services that you have purchased, we will contact you as soon as possible by email to inform you of the correct price of the Service(s), ticket(s) for an Event(s) and/or additional membership services. You will then have the option to continue with or cancel the Service(s), your ticket(s) for an Event(s) services and/or additional membership.
6.8 We use commercially reasonable efforts to ensure that the accuracy of the information about Events displayed on the Website or otherwise communicated to you by us is correct. If the price of an Event has been published incorrectly we will endeavor to inform you of this error as soon as reasonably possible.
6.9 If you wish to cancel your participation in an Event having registered for one, you must notify us in writing by first class mail or email within seven (7) working days of the day after you submitted your request to attend. No refund is available after this seven (7) day period or if you attend an Event during this seven (7) day period
6.10 CLICKED has the right to pictures taken at an Event of Members, Registered Users and Guests on CLICKED’s promotional materials, website, and social media sites.
7. Participation in Events
7.1 Members and all other Event attendees (including but not limited to Registered Users and Guests) must conduct themselves at all times in a responsible and respectful manner with other attendees or the general public or third parties at Events. We do not assume any responsibility for your actions or the actions of any other Member or other attendee at any Event.
7.2 Members or other attendees at Events who fail to behave correctly, for example in a drunken or disorderly manner, may be expelled, suspended or prevented from continuing with an Event and we may terminate your membership or preclude your attendance at future Events on such grounds. You acknowledge that venue suppliers or other Event organizers may also be entitled to refuse you admission to an Event or stop your continued participation in an Event for these and similar reasons.
7.3 Participation in an Event is at your own risk and subject to the terms and conditions of the relevant venue supplier and/or food and beverage supplier of the Event as well as these Terms. By attending any Event you agree to be bound by the relevant venue supplier's and/or food and beverage supplier's terms and conditions for that Event and it is your responsibility to familiarize yourself with these and to ensure you follow such terms and conditions. All Health & Safety compliance at the Event is the responsibility of the venue supplier and/or food and beverage supplier of that Event. Unless otherwise stated on the Website, it is your responsibility to arrange for travel to any Event.
7.4 When you apply for tickets to an Event it is your responsibility to inform us of any special dietary requirements you may have, for example food allergies. Provided we are informed of your special dietary requirements within a reasonable time of the Event, we will inform the venue supplier and/or food and beverage supplier of your dietary requirements.
8. Personal Profile
8.1 Members or Registered Users must not include in their "Personal Profile" any telephone numbers, street addresses, email addresses or any other information that would enable other Members or any person to contact the Member or Registered User outside the Website.
8.2 CLICKED may copy and/or reproduce any information submitted to us or published by Users on the Website in any form and in any manner.
8.3 Each Member and Registered User shall ensure that all information transmitted and/or published on the Website by him/her is accurate, true, complete and is not misleading. While we review information posted on the Website from time to time and reserve the right at our absolute discretion to amend and/or delete all or any part of a Personal Profile without notice to you at any time, CLICKED cannot warrant that any information accessible on the Website is accurate, complete or reliable. It is up to you to verify any information on the Website to your own satisfaction and we recommend that you do so.
9. Contacting other Members
9.1 When contacting other Members, Registered Users or Guests, whether on the Website or at an Event, you must comply with the rules in these Terms and please pay particular attention to 'Participation in Events' (section 7 above) and 'Contributions and Communications' and 'Acceptable Use' (sections 10 and 11 below).
9.2 At all times when contacting or arranging to meet other Members, Registered Users or Guests, whether via the Website or before or after an Event, you agree to use the same caution you would undertake when meeting other people you do not know and acknowledge and agree that CLICKED shall have no responsibility or liability in connection with such communications or meetings.
10. Contributions and Communications
10.1 The views and opinions that may be expressed in any Contributions or Communications do not reflect those of CLICKED. You may be liable for any material you submit as a Communication or Contribution (including but not limited to material published on message boards and/or message boxes) as a publisher of such materials.
10.2 Your participation in the Service, including but not limited to any Communications and Contributions must not be in breach of any State, Federal or international law or:
excite or encourage the breach of any such law;
promote discrimination against race, sex, religion, nationality, disability, sexual orientation or age;
be likely to deceive, be used to impersonate any person or to misrepresent your identity or affiliation with any person;
cause annoyance, inconvenience or needless anxiety;
be likely to invade another's privacy;
be likely to harass, upset, embarrass, alarm or annoy any other person;
in any way facilitates or encourages prostitution or pedophilia;
be pornographic, obscene, profane, vulgar or defamatory;
be abusive, offensive, hateful, inflammatory, threatening or promoting violence or otherwise likely to be harmful to those persons likely to use the Service;
constitute an infringement of any rights (including intellectual property rights) of any person, entity or organization; or
give the impression that CLICKED endorses your actions or Contributions or Communications if this is not the case.
10.3 By submitting a Contribution you hereby grant CLICKED a non-exclusive, worldwide, royalty-free, perpetual, non-revocable license to use, distribute, adapt, modify, display, reproduce and transmit material subsisting in such Contribution in any and all media in any manner in whole or in part without any duty to account to you. You also grant CLICKED the right to permit Users to view and copy such information for personal use.
10.4 CLICKED reserves the right, but not the responsibility, to remove any Contribution or Content which it deems in its sole discretion to be harmful, offensive, or otherwise in violation of these Terms, as amended from time to time.
11. Acceptable Use
11.1 Whenever you make use of a feature that allows you to upload material to our Website, or to make contact with other Users, you must comply with these Terms and such standards as we may publish or notify to you from time to time.
11.2 Any Contributions, Communications or material you upload to our Website will be considered non-confidential and non-proprietary, and we have the right to use, copy, distribute and disclose to third parties any such material for any purpose. We also have the right to disclose your identity to any third party who claims that any material posted or uploaded by you to our Website constitutes a violation of their intellectual property rights, or of their right to privacy, or if we consider that your use of the Website or the Service is in violation of any applicable laws or regulations.
11.3 We will not be responsible, or liable to any third party, for the content or accuracy of any materials posted by you or any other User.
11.4 You must not knowingly transmit any data, send or upload any material that contains viruses, Trojan horses, worms, time-bombs, keystroke loggers, spyware, adware or any other harmful programs or similar computer code designed to adversely affect the operation of any computer software or hardware.
11.5 You agree not to access without authority, interfere with, damage or disrupt any part of our Website or any software used in the provision of the Services.
12. Availability of the Service
12.1 We reserve the right to withdraw the Service on reasonable notice. You acknowledge that we will not be liable if for any reason the Website is unavailable for any technical reason beyond our reasonable control at any time or for any period and that we may need to restrict access to some parts of our Website or our entire Website for such reasons from time to time.
13. Intellectual Property, License and Download Rights
13.1 The Website, including but not limited to text, content, software, video, music, sound, graphics, photographs, illustrations, artwork, photographs, names, logos, trademarks, service marks and other material published on it ('Content') is protected by copyright, trade marks and/or other proprietary rights. Content includes both content owned or controlled by CLICKED and content owned or controlled by third parties and licensed to CLICKED. All individual articles, reports and other elements making up the Website may also be copyright works. You agree to abide by all applicable copyright laws and by all additional copyright notices or restrictions contained in the Website.
13.2 You must not use any Content or part of it for commercial purposes, without obtaining prior written permission from CLICKED to do so.
13.3 You may print off one copy and may download extracts, of any page(s) from our Website strictly for your personal reference only.
13.4 You may not use CLICKED's trademark(s) or trade name(s) without obtaining our prior express written consent and you acknowledge that you have no ownership rights in and to these names and/or mark(s).
13.5 You agree to notify CLICKED in writing promptly upon becoming aware of any unauthorized access to or use of the Website or the Services by any party or of any claim that the Website or the Content infringes any copyright, trade mark, or other contractual, statutory or common law rights of any party.
13.6 You must not modify the paper or digital copies of any materials you have printed off or downloaded in any way and you must not use any illustrations, photographs, video or audio sequences or any graphics separately from any accompanying text.
13.7 You warrant that you are the author or licensed owner of all information and/or pictures uploaded or otherwise submitted by you on or via the Website and that you are entitled to use such information and/or pictures in connection with the Website. You hereby license CLICKED all rights necessary to display such materials on the Website.
13.8 You acquire no rights or licences in or to the Website and /or the Content other than the limited right to use the Website in accordance with these Terms.
13.9 Other than as set out in these Terms you may not copy, reproduce, recompile, decompile, disassemble, reverse engineer, distribute, publish, display, perform, modify, upload to create derivative works from, transmit, or in any other way exploit any part of the Website.
13.10 Additionally, you may not offer for sale or sell or distribute over any other medium (including distribution by over-the-air television or radio broadcast or distribution on a computer network) the Content or any part thereof. Other than set out in these Terms, you may not make any part of the Website available as part of another website, whether by hyperlink framing on the internet or otherwise. The Website and the information contained therein may not be used to construct a database of any kind, nor may the Website be stored (in its entirety or in any part) in databases for access by you or any third party or be distributed for such purposes.
14. LIMITATION OF LIABILITY AND DISCLAIMER
14.1 CLICKED IS PROVIDING THE WEBSITE ON AN "AS IS" BASIS AND TO THE FULLEST EXTENT PERMISSIBLE BY LAW MAKES NO (AND EXPRESSLY EXCLUDES ALL) GUARANTEES, REPRESENTATIONS (EXCEPT FOR FRAUDULENT MISREPRESENTATION) OR WARRANTIES OF ANY KIND (EXPRESS OR IMPLIED) WITH RESPECT TO THE WEBSITE AND ITS CONTENTS OR ANY WEBSITES TO WHICH IT IS LINKED INCLUDING, WITHOUT LIMITATION, WARRANTIES AS TO QUALITY, FITNESS FOR PURPOSE AND NON-INFRINGEMENT.
14.2 CLICKED IS IN NO WAY RESPONSIBLE FOR YOUR ACTIONS OR THE ACTIONS OF ANY OTHER USER, INCLUDING BUT NOT LIMITED TO THE ACTIONS OF MEMBERS, REGISTERED USERS, GUESTS OR OTHER ATTENDEES AT EVENTS OR IN CONNECTION WITH ANY CONTRIBUTIONS OR COMMUNICATIONS.
14.3 CLICKED AND ITS AFFILIATES, DIRECTORS, OFFICERS, EMPLOYEES, AGENTS, PARTNERS AND LICENSORS MAKE NO WARRANTY THAT THE INFORMATION ACCESSIBLE VIA THE WEBSITE IS ACCURATE, COMPLETE, RELIABLE OR CURRENT NOR THAT THE WEBSITE WILL MEET PARTICULAR REQUIREMENTS, OR BE AVAILABLE, ACCESSIBLE, UNINTERRUPTED, TIMELY, SECURE OR OPERATE WITHOUT ERROR OR THAT IT WILL BE FREE FROM VIRUSES, WORMS, TROJAN HORSES OR OTHER HARMFUL ELEMENTS. WE THEREFORE DISCLAIM ALL LIABILITY AND RESPONSIBILITY ARISING FROM ANY RELIANCE PLACED ON SUCH MATERIALS BY ANY USER, OR BY ANYONE WHO MAY BE INFORMED OF ANY OF ITS CONTENTS. YOU ACKNOWLEDGE THAT ANY RELIANCE ON THE ACCURACY, TIMELINESS OR COMPLETENESS OF ANY INFORMATION OR MATERIAL ON THE WEBSITE IS AT YOUR OWN RISK.
14.4 YOUR USE OF THE WEBSITE AND CONTACT AND INTERACTION WITH OTHER USERS VIA THE WEBSITE OR IN CONNECTION WITH ANY EVENTS ARE ALL AT YOUR OWN RISK AND UNDER NO CIRCUMSTANCES WILL CLICKED OR ANY OF ITS AFFILIATES, DIRECTORS, OFFICERS EMPLOYEES, AGENTS, PARTNERS AND LICENSORS BE LIABLE FOR ANY OF THE FOLLOWING LOSSES OR DAMAGE (WHETHER SUCH LOSSES WERE FORESEEABLE OR OTHERWISE): (A) LOSS OF PROFIT; (B) LOSS OF DATA; (C) LOSS OF REVENUE; (D) LOSS OF BUSINESS OR LOSS OF OPPORTUNITY: (E) LOSS OF GOODWILL OR INJURY TO REPUTATION; (F) LOSSES SUFFERED BY THIRD PARTIES: OR (G) ANY INDIRECT, CONSEQUENTIAL, SPECIAL OR EXEMPLARY DAMAGES ARISING FROM OR IN ANY WAY CONNECTED TO THE USE OF THE WEBSITE OR THE SERVICE OR INABILITY TO USE THE WEBSITE OR THE SERVICE REGARDLESS OF THE FORM OF ACTION. FOR THE AVOIDANCE OF DOUBT THE LOSSES LISTED IN THIS SECTION ARE INTENDED TO BE SEVERABLE.
14.5 CLICKED'S TOTAL LIABILITY IN CONTRACT, TORT (INCLUDING NEGLIGENCE OR BREACH OF DUTY) MISREPRESENTATION OR OTHERWISE ARISING IN CONNECTION WITH ITS PERFORMANCE OF THE SERVICE OR ANY PART OF IT SHALL BE LIMITED AS FOLLOWS:
14.5.1 FOR MEMBERS, THE MEMBERSHIP FEE AND ANY OTHER FEES PAID BY SUCH MEMBER TO US DURING THE YEAR OF SUCH MEMBERSHIP; AND
14.5.2 FOR REGISTERED USERS OR GUESTS, THE AMOUNT OF ANY FEES PAID TO US FOR EVENT(S) ATTENDED BY THAT REGISTERED USER OR GUEST IN THE RELEVANT CALENDAR YEAR OF HIS AGREEMENT.
14.6 NOTHING IN THESE TERMS SHALL EXCLUDE OR LIMIT CLICKED'S LIABILITY FOR DEATH OR PERSONAL INJURY CAUSED BY ITS NEGLIGENCE OR FOR FRAUDULENT MISREPRESENTATION OR FOR ANY LIABILITY WHICH CANNOT BE EXCLUDED OR LIMITED BY LAW.
15. Your Warranties
15.1 By becoming a Registered User or Member you warrant and represent that:
you are at least twenty-one years old (21) years old and resident in the United States. We reserve the right to ask for acceptable identification (for example your driving license, passport or other government issued photo ID) as proof of your age and residency and for similar proof from any of your Guests. Only Registered Users and Members who are at least twenty-one (21) years old and are able to prove their age by showing at the door a valid driving license, passport or other government issued photo ID may participate to events where alcohol will be distributed; and
you and any of your Guests have not been convicted of any offence or been subject to any injunction or court order or adjudged liable for civil penalties or damages involving sexual molestation or abuse of anyone; and
you will be using the Website and the Service for your personal use only and not for any commercial purpose whatsoever.
15.2 We have the right in our absolute discretion to refuse any application to become a Member or Registered User and to terminate User registrations or memberships with us in accordance with these Terms (see 'Termination' below).
16. Accessing the Website from outside the US
16.1 The Service is intended for use in the US only and the Website is not directed at any jurisdictions where for any reason the publication or availability of the Website and/or the Service is prohibited. Those in respect of whom such prohibitions apply access the Website on their own initiative and are responsible for compliance with applicable local laws or regulations; legal advice should be sought in cases of doubt.
17. Website Changes
17.1 You accept that CLICKED has the right to change the Content or technical specifications of the Website at any time at our sole discretion.
17.2 Any of the material on our Website may be out of date at any given time and we are under no obligation to update such material.
18. Information About You and Visits to Our Website
19.1 There may be links to third party websites from this Website. Linked third party sites are not under the control of CLICKED and we are not responsible for the contents of any such linked website or any link(s) contained in such a linked website. Existence of links to other third party websites is not an endorsement by CLICKED in favor of such website or the products or services contained in any linked website. To the extent that this Website contains links to or which may be accessed from outside services and resources, the availability and content of which CLICKED does not control, any concerns regarding any such service or resource or any link thereto should be directed to the particular outside service or resource. As we have no control over the contents of those websites or resources, we accept no responsibility for them and shall not be liable for any loss or damage that may arise from your use of them.
20. Linking to our Website
20.1 You may link to our Home Page, provided you do so in a way that is fair and legal and does not damage our reputation or take advantage of it, but you must not establish a link in such a way as to suggest any form of association, approval or endorsement on our part where none exists.
20.2 You must not establish a link from any website that is not owned by you.
20.3 Our Website must not be framed on any other website, nor may you create a link to any part of our Website other than the Home Page. We reserve the right to withdraw linking permission without notice. The website from which you are linking must comply in all respects with these Terms and such other content standards as we may publish from time to time.
21.1 CLICKED may suspend a Member or terminate a membership and deny access to the Service by any User with immediate effect whether on a temporary or permanent basis at our discretion and with or without prior notice:
if the User or Member fails to make any payment due to CLICKED when due; and/or
if the User or Member is in breach of any of these Terms; and/or
if CLICKED is unable to determine the accuracy and/or validity of any information provided by the User or Member.
21.2 Notices to Members and Registered Users will be sent to the email addresses provided in the relevant registration or application pages.
21.3 Provisions of these Terms which expressly or impliedly are intended to survive termination will remain in force after such termination, including but not limited to the Indemnity provisions (section 22 below).
22.1 You agree to indemnify and keep fully indemnified CLICKED, its employees, representatives and agents, from and against any claims, actions, demands or other proceedings (including reasonable legal fees) based on or arising in connection with any breach by you of these Terms or arising from your negligence or breach of duty.
22.2 References in these Terms to your use of the Website shall be deemed to include any use by a third party where such a third party accesses the Website using your user name, identification code, password or other information provided to you as part of our security procedures.
23. General23.1 If any provision of these Terms is found to be invalid, void or unenforceable, the invalidity, voidness or unenforceability of such provision shall not affect the validity of the remaining provisions of the Terms, which shall remain in full force and effect.
23.2 Failure or delay by us in enforcing or partially enforcing any of these Terms shall not be construed as a waiver of any of our rights under these Terms. Any waiver by us of any provision of these Terms shall not be deemed a waiver of any subsequent breach of any provision.
23.4 Except as provided herein, these Terms are the entire agreement between us and supersede any prior understanding or agreements (written or oral). Nothing in this clause will operate to limit or exclude either party's liability for fraud.
23.5 CLICKED may assign the benefit of this agreement to any person, firm or company.
24. Jurisdiction and applicable law
24.1 These Terms are governed by and shall be construed in accordance with the laws of the State of Maryland. By using the Website, you accept that any dispute under these Terms or arising out of the use of the Website shall be subject to the exclusive jurisdiction of the State or Federal courts located in the State of Maryland, to which you submit.