These Terms and Conditions (or “Terms and Conditions”) apply to the services, information and opportunities offered by KlickPays, as defined below, through various technologies and platforms, including a website with a home page located at http://www.KlickPays.com and/or a mobile application or “app” titled “KlickPays” (these various delivery technologies and tools are referred to as the “Service Platform(s)”). By using any Service Platform or creating an Account you are agreeing to these Terms and Conditions on behalf of yourself, any other person or entity on whose behalf you are accessing the Service Platform, and any others who have rights through you. Any violation of these Terms and Conditions may lead to termination of your Account, cancellation of any Cash or other items posted to your account including referrals, as well as any other applicable legal remedy. If you do not agree to these Terms and Conditions you must not use any Service Platform.
All visitors to or users of any Service Platform are referred to as “Members,” “you,” or similar terms.
The Service Platforms are owned and operated by KlickPays Enterprises, Inc. (“KlickPays,” “us,” “we,” or similar terms.) We reserve the right to modify these Terms and Conditions, as well as our Privacy Policy, at any time. Such changes, including retroactive changes, are effective once posted on this or a similar page of our Website. Changes may include, but are not limited to, rules regarding the earning of Cash and the redemption of Cash or any other item. Pages or features of any Service Platform as well as Offers appearing on any Service Platform, including prizes, gifts, sweepstakes, offers, or other items or activities may be discontinued or changed without notice.
The column on the right provides a short explanation of the terms and conditions and is not legally binding.
Last Updated: February 10, 2016
Members must be living individuals, and not corporations or any other type of entity. Members must provide a valid Email Address during registration in order to activate their KlickPays Account. Methods used to obscure or block the country or location of a device used to connect to KlickPays is prohibited. The country listed in your Member Profile must be the country you are both living in, and logging into your KlickPays account from. In addition, any time Members provide information to us, any Service Platform, to any Advertisers as defined in Section V, or in response to any Offer, such information must be accurate and complete and be your own information and not the information of any other person. This includes, but is not limited to, the registration process, Profile Tasks, and any other place where information is requested. You agree that KlickPays, our Advertisers, or any of our third party vendors or agents may contact you through any email or other contact information provided by you, specifically including but not limited to traditional mail, text, mobile telephone number, traditional / land telephone number, fax, social media account, any messaging / communication service, app, or tool including “push” notifications or similar. You understand and agree that, depending upon your individual arrangement with your telecommunication provider(s), receiving such communications may use data from your data-allowance and/or may result in fees owing by you to your telecommunications provider.
Members must comply with all applicable laws and regulations as they relate to the use of any Service Platform or relations with us.
Members may not create more than one Account with KlickPays. In addition, we do not allow:
To qualify for the Signup Bonus, Members must sign up and activate their Account.
Members may cancel their Account any time by clicking the “Cancel Account” link in the “My Account” tab. In addition, all PaidEmails sent to Members include a link to the cancellation page. If a Member cancels their Account, they will also be deemed to cancel all their Cash in their Account and referrals. In addition, any requested or pending payments for that Member are removed and cancelled. Uninstalling an app will not cancel your account. You must separately click the “Cancel Account” link as described above if you wish to cancel your account.
In connection with your Account, you will create a Password. You are responsible for keeping your Password confidential and secure, and you are responsible for all actions taken using your Password.
You are responsible for obtaining your own computer, smart-phone, tablet, or other computing device, as well as related telecommunication services, as necessary to access the Service Platform(s), as well as all related costs and expenses. From time to time KlickPays may require that you update or install a new version of our app or Service Platform, and/or install updated or new third party software (such as an operating system) in order to access or take advantage of all the features and functionalities of the Service Platform. It is your choice whether to take such actions. KlickPays is not responsible for, and makes no representation or warranty regarding, any such third party hardware, software, and/or telecommunications services, whether such items are appropriate for or may damage your property, or for or your business relationship with such third parties.
To create an Account, to be eligible to post Cash, or to otherwise use any Service Platform, you must be at least eighteen (18) years old or the age of majority in your state or province of residence, whichever is greater.
Members are responsible for maintaining accurate and complete contact information and promptly updating such information if they move, their contact information otherwise changes, or if a Member has difficulty receiving emails from KlickPays at the email address provided. If a payment mailed to a Member is returned to us for any reason, including our being provided with inaccurate or outdated contact information, we will cancel such payment and credit the balance to Cash in the Member's Account. Further, if final payment on our check payable to a Member does not occur for any reason within ninety (90) days from the date of the check, then the check is void and cancelled, and we will credit the amount of the check to Cash in the Member's Account.
Members are responsible for selecting a secure and reliable mail delivery address for their payments and other communications. We are not responsible for any stolen or lost checks and will not replace checks allegedly cashed improperly by third parties so long as such check was sent to the mailing address as indicated in your Account information at the time such check was sent. If your household mailbox is not secure, we recommend you obtain a secure post office box.
By agreeing to these Terms, you're agreeing that you will also follow these rules: (1) Do not publicly display or use the Site /features to share inappropriate Content or material including but not limited to; nudity, pornography, graphic violence, use harassing or hate comments to employees of site and/or its members. This includes the site and all forms of social media (Facebook, Twitter, Instagram). Failure to comply may result in the loss of account and earnings. (2) You are responsible for all usage on your account, whether or not authorized including your log in, password and account information.
Any information you provide to KlickPays or our Partners must be accurate.
You can stop using the service anytime you want. If you cancel your account you will also be deemed to cancel your balance. It is your responsibility to keep your account information accurate and up to date.
Members can use their Referral URL to refer other Members to KlickPays. Because KlickPays allows only one Account per Computer, our referral tracking software will not allow one Member to refer another Member if they are using the same Computer.
Members may not SPAM (send unsolicited email to persons they do not know) in order to refer other Members to KlickPays. We cannot possibly list all acceptable and unacceptable methods of advertising. If a Member has a specific question as to whether or not a particular advertising method is acceptable, they should contact us prior to engaging in that action.
Members may use our Refer-a-Friend Service to automatically send an Email notification to their friends. However, if the Member’s Refer-a-Friend Email results in a SPAM complaint, the Member’s Account may be terminated. Members should use the Refer-a-Friend Service to notify only their close personal friends.
Members may not make untrue or exaggerated statements when advertising KlickPays or engage in any unfair or deceptive trade practice as defined by law. For example, a Member may not put on their own website, blog or social media account: “Join KlickPays and get paid $1.00 for every Email you read!” If the Member provides information about KlickPays to others through any communication tool, they must ensure the information is updated and accurate. Member’s Account may be terminated for false advertising.
You must be especially careful to obey applicable laws and regulations regarding testimonial or endorsement by you recommending KlickPays, an Advertiser or Offer, so that such testimonial or endorsement is not false or misleading. For example, if you made an online statement recommending KlickPays, then you should also disclose the material connection between yourself and KlickPays. For greater detail, please see the FTC’s guidance on testimonials and endorsements: http://www.ftc.gov/os/2009/10/091005revisedendorsementguides.pdf
Referral Rewards are posted to a Member’s Account for all qualified earnings generated by Members they refer to KlickPays. Qualified earnings are defined in the Support Center. If you choose to promote KlickPays, you must do so in accordance with CAN-SPAM. Please do not abuse our refer a friend service. You may not make false claims or violate laws when promoting KlickPays.
A Member’s Account may be set to inactive for any of the following reasons:
If KlickPays receives a bounce-back error message or similar message when sending an Email to a Member, then that Member’s Account will be set to inactive. A bounce-back message may occur if the Member has added KlickPays to their “Ignore List” or marked a message from KlickPays as SPAM, or for other reasons. Members should add the address support@klickpays.com to their “Allow List” and/or Address Book.
If a Member does not visit any one of our Service Platforms while being logged in or confirm a PaidEmail at least one time within a 10-day period, their Account may become inactive. KlickPays reserves the right to change this number at any time.
Payment Requests are removed if a Member’s Account becomes inactive. The automated system that deactivates Members based on the above criteria runs immediately prior to payment requests being processed. Therefore, it is possible for a Member’s Account to be active right up until the moment before their payment is processed. KlickPays urges Members to ensure their Account remains active in order to avoid any delay in processing payments.
If a Member’s Account becomes inactive, they can reactivate it within 6 months of the Account being placed on inactive status by logging into the Member’s Section and requesting a Confirmation Email be sent to them. When the Member clicks the link provided in the Confirmation Email, their Account will be reactivated. Payments are not processed for Inactive accounts. Please keep your account active to ensure timely processing of your payment requests. Accounts going inactive for 6 or more months will be removed and all Cash or other items posted to the Account will be cancelled.
If a Member (or their authorized beneficiary in the event of the Member's death) does not visit one of our Service Platforms while being logged in, receive a credit for a check that has not been cashed pursuant to Section I.8., or confirm a PaidEmail at least one time within a 6-month period, their Account will be permanently removed and all Cash or other items posted to their Account will be cancelled.
Your account is permanently removed and all Cash or other items posted to your Account are cancelled if you go 6 months without participating in our program.
KlickPays has established relationships with advertisers and partners (collectively, “Advertisers”) to provide Members with a variety of ways to earn cash (“Cash Earning Activities” or “Offers”). Cash Earning Activities are made available to Members based on a variety of factors, including demographic information, physical location, and participation level with KlickPays. KlickPays and our Advertisers make no guarantees regarding the number or dollar amount of Cash Earning Activities that will be available to Members at any time.
When a Member completes an Offer through KlickPays, they are creating a direct relationship with the Advertiser who provided the Offer. Members should review the Advertiser‘s Terms and Conditions relating to the Offer prior to completing the Offer. KlickPays assumes no liability, obligation, or responsibility for any Offer on any Service Platform, or for any subsequent billing or relationship that occurs between Member and Advertiser. Members should contact the Advertiser directly if they have any questions or disputes relating to the Offer.
Some Offers provide additional incentives, such as gift cards, for completing the Offer. In these cases, the incentive is provided directly by the Advertiser to the Member, and is independent of the KlickPays program. There may be additional requirements to receive these incentives beyond what is required to receive credit from KlickPays. KlickPays is not responsible for these additional incentives.
Unless otherwise stated, Offers are available for first-time customers only. Members will not be credited for completing an Offer if they have completed the Offer in the past, through KlickPays, any other website, app, or communication tool, completion of or participation in offers, interactions with Advertisers, or with the Advertiser directly. To be credited for completing an Offer, Members should complete the Offer immediately after clicking the Offer on our Service Platform or in a PaidEmail. Returning to the Advertiser‘s website at a later time to complete the Offer or completing the Offer over the phone may result in not being credited for completing the Offer. The tracking and crediting of Offer completions is done via Cookies. Members should ensure their web browser (or any other applicable tool on a computer, tablet, smart-phone or similar device) is set to allow all Cookies in order to be properly credited for Offers they complete. In addition, Members should ensure their anti-virus and/or anti-spyware software does not automatically override their web browser‘s / other device’s Cookie settings. We also automatically collect, and may share with third parties, unique device identification numbers, as well as information about the type (brand / model) of device you use to access the Service Platform. KlickPays also includes multiple third party SDK’s within the Service Platform for multiple purposes, including to track which Members complete certain activities.
From time to time, KlickPays may enter into a business relationship with other entities that may involve tracking, collection and/or disclosure of certain information regarding Members. For example, we might engage a third party market research firm that will track a Member’s physical location through geo-tracking / mobile technology for market research purposes. A Member may choose to opt-out or opt-in to this experience and offer. If the individual opts-in, the Member agrees to permit location-tracking, and also may be required to agree to the Terms of Service for the applicable third party. If a Member opts-in to location (geo) tracking, KlickPays may then share such information with any/all the third parties with whom it does business that request such information. Members may not install or make use of ad blocking software, tools or similar technologies (collectively, “Ad Blockers”) while making use of any Service Platform(s).
Most Offers will be credited to the Member‘s KlickPays account within a few business days from completion, while others may take up to 30 days to credit. Members should read and comply with all requirements of an Offer to ensure timely credit.
KlickPays credits Members for completing Offers based on information we receive from our Advertisers. Thus, the Advertiser has the final say in whether or not a Member is credited for completing an Offer. KlickPays makes no guarantee that Members will receive credit for completing an Offer. Members should save all confirmation/welcome emails (and similar information) they receive from the Advertiser after completing an Offer. This information can often be used to credit a Member‘s account if not done automatically.
Many Offers on KlickPays include a free trial period that enables the Member to try the product or service risk-free. Members should only complete these Offers if they have a genuine interest in the product or service. Canceling a free trial immediately after joining may result in not being credited for completing the Offer. KlickPays reserves the right, in our sole discretion, to terminate a Member‘s account and cancel all Cash or other items posted to their Account and referrals, in addition to any other legal remedies, in the event a Member‘s activity appears fraudulent.
We provide lots of ways for you to earn cash for your online activities. When you complete Offers, you’re creating a direct relationship between you and the Advertiser that KlickPays is not part of. Always read the Terms and Conditions of Advertisers’ Offers. Make sure you have Cookies enabled in your web browser / on your mobile device so we can properly track your completed activities and credit your account accordingly. We credit your KlickPays account when the Advertiser pays us. It’s a good idea to save a copy of confirmation emails from the Advertiser in case the automated tracking doesn’t work properly.
You can earn Cash which is posted to your Account as described in the other sections of these Terms and Conditions, and which is subject to your compliance with all Terms and Conditions. Your Account, including any Cash or other credits in your Account, is non-transferable and non-assignable, and may not be pooled, lent, sold, or exchanged. We may change rules about requesting payments equal to the Cash balance or redeeming other credits in your Account at any time and such changed rules will apply to Cash already posted to your Account as well as to Cash to be posted in the future. You may request payment equal to the Cash balance of your Account (also referred to as “redeeming” Cash) only as permitted by these Terms and Conditions. Redeeming Cash and receipt of any corresponding payment by you is contingent upon your: (1) full compliance with these Terms and Conditions generally; (2) receipt of your request for us to convert the Cash in your Account to a payment, and (3) compliance with the specific rules or terms then in effect for the particular redemption offer. Further, the Cash in your Account may be cancelled at any time pursuant to these Terms and Conditions and represents (1) only a method by which we track your Cash Earning Activities and (2) a contingent liability by us, unless and until final payment occurs on the corresponding payment instrument we deliver to you pursuant to these Terms and Conditions.
NO REDEMPTION OF CASH UNTIL YOU HAVE AT LEAST THIRTY DOLLARS POSTED TO YOUR ACCOUNT ($30.00) (THE “MINIMUM PAYMENT AMOUNT”). THE TERMS “CASH,” “DOLLARS,” AND SIMILAR TERMS ARE USED INTERCHANGEABLY IN THIS DOCUMENT AND THROUGHTOUT OUR SERVICE PLATFORMS, BUT IT IS IMPORTANT TO NOTE THAT CASH POSTED TO YOUR ACCOUNT IS UNEARNED AND A CONTINGENT OBLIGATION AS DESCRIBED BELOW AND OTHERWISE HEREIN. YOU HAVE NO RIGHT TO REDEEM THE “CASH” IN YOUR ACCOUNT, AND WE HAVE NO LIABILITY OR OBLIGATION TO PAY YOU WHATSOEVER, UNLESS AND UNTIL YOU HAVE POSTED TO YOUR ACCOUNT AT LEAST THE MINIMUM PAYMENT AMOUNT IN YOUR ACCOUNT AND OTHERWISE COMPLIED WITH THESE TERMS AND CONDITIONS. UNLESS AND UNTIL YOU HAVE POSTED TO YOUR ACCOUNT THE MINIMUM PAYMENT AMOUNT AND OTHERWISE COMPLIED WITH THE THESE TERMS AND CONDITIONS, SUCH “CASH” IS DEEMED A CONTINGENT LIABILITY, WHICH IS ENTIRELY CONTINGENT UPON: (1) YOUR ACCRUAL OF AT LEAST THE MINIMUM PAYMENT AMOUNT IN YOUR ACCOUNT, AND (2) YOUR FULL COMPLIANCE WITH THESE TERMS AND CONDITIONS. UNLESS AND UNTIL YOUR ACCOUNT BALANCE REACHES THE MINIMUM PAYMENT AMOUNT AND YOU HAVE OTHERWISE COMPLIED WITH THESE TERMS AND CONDITIONS, THE “CASH” IN YOUR ACCOUNT HAS NO CASH VALUE AND MAY BE CANCELLED AT ANYTIME PURSUANT TO THESE TERMS AND CONDITIONS. FOR EXAMPLE, IF YOU OPEN AN ACCOUNT WITH AN INITIAL CASH BALANCE OF FIVE DOLLARS ($5.00), AND THEN ANOTHER TEN DOLLARS ($10.00) OF CASH ARE POSTED TO YOUR ACCOUNT BALANCE, FOR A TOTAL OF $15.00 IN CASH, YOU ARE NOT ELIGIBLE TO RECEIVE ANY PAYMENT, AND WE ARE NOT LIABLE TO YOU FOR ANY AMOUNT. IN THIS EXAMPLE YOU WOULD HAVE TO EARN YET ANOTHER FIFTEEN DOLLARS ($15.00) IN CASH, FOR A TOTAL OF THIRTY DOLLARS ($30.00) IN CASH POSTED TO YOUR ACCOUNT BALANCE, BEFORE YOU WOULD BE ENTITLED TO ANY PAYMENT.
You are responsible for any and all tax liability arising from or associated with your use of any Service Platform, including liability arising from your accrual of Cash or your redemption of Cash for cash or other items. We will require you to provide necessary tax information about yourself prior to receiving payment when requesting payment greater than $300 at one time or cumulatively during a calendar year. KlickPays will file a 1099 tax form for any Member who earns $600 or greater in one calendar year from our company, KlickPays Enterprises, Inc.
Requests to redeem Cash and send payments are processed on the first Wednesday that occurs at least 8 days after the payment was requested. This means payment requests will be processed between 10 and 16 days after request. After requesting payment, Members can view their scheduled payment processing date by clicking the “My Profile” link under the “My Account” tab. Payments are processed on Wednesday of every week and generally mailed via USPS within 3 days, depending on holidays and how many payment requests there are for that week. All payments are inspected immediately prior to processing. Payment requests belonging to Members who have become Inactive (as described above) or who have duplicate Accounts will not be processed and will be removed.
Any time you return a purchased item for which you received Cash in your Account, and any time you void, cancel, rescind, or reverse any Cash Shopping transaction for which you received Cash in your Account, KlickPays may subtract a corresponding amount of Cash from your Account. Similarly, if any Advertiser notifies us that it is reversing its transaction with you for any reason on any of our Cash generating activities, we will subtract a corresponding amount of Cash from your Account. A pattern of completing Offers followed by reversals is considered fraudulent activity, and may result in the termination of your KlickPays account and forfeiture of your Cash earnings and referrals.
KlickPays reserves the right to request further information from Members to ensure they have not fraudulently completed Offers. This information may include, but is not limited to, a copy of the credit card statement that was used to complete the Offers, in order to ensure a stolen credit card was not used. KlickPays reserves the right to place any payment request on hold, for any reason, until the requested information has been provided by the Member. Ample notice will be given to the Member to provide this information. If the Member does not provide this information before their payment is scheduled to be processed, their Account will be suspended until they do so. All decisions by KlickPays regarding fraud or suspected fraud are binding and final. You can’t transfer or pool your Cash or other items posted to your Account with anyone else. You need a minimum of $30 in your account before you can request payment. We charge a $3 processing fee to process your payment. For example, if you have $35 in your account and request payment, you will receive $35 - $3 = $32. If you are paid more than $600 in any calendar year, we must file paperwork with the IRS. It is your responsibility to pay any required taxes. We process payment requests each Wednesday. It will take between 10 and 16 days to process payments for first time requests, and between 3 and 9 days for Gold Members. If you cancel or reverse a transaction with an Advertiser that resulted in a credit to your KlickPays account, we will take that credit away.
All software, content, materials, images, and other items on or accessed directly through any Service Platform (collectively, the “Content”) belong to KlickPays, its third party licensors, or third party Advertisers. There are some important rules about using and copying the Content. You may download or print one copy of the Content on any Service Platform, but only for your personal, noncommercial use. When you download or print a copy of the Content, you must also include all copyright and other notices that are in the Content, including the copyright notice on the bottom of the page.
The Content and the Service Platform is protected by United States and foreign copyright laws, trademark, trade secret, and other laws. If you use the Content or Service Platform in a way that is not clearly allowed by these Terms and Conditions, you are violating your agreement with us and may be violating copyright, trademark, and other laws. In that case, we automatically revoke your license to use the Content and Service Platform and you must immediately destroy any copies you have made. All right, title, and interest in and to the Content and Service Platform remains with KlickPays or our third party licensors. Any and all rights granted to you are provided under a limited license, and not sold or otherwise transferred. All rights not expressly granted are reserved.
Except as explicitly permitted above, you agree that you shall not (and shall not permit any third party to): (a) rent, lease, assign, sublicense, export, distribute, sell, lend, commercialize, or transfer any benefit of or purported right to access the Content or the Service Platform, in whole or part to any third party; (b) use or copy any Content or Service Platform for the benefit of any third party; (c) access or attempt to access any account or portion of the Content or Service Platform to which a right of access is not specifically granted; (d) attempt to access or derive the source code to any portion of the Content or the Service Platform; (e) create any joint or derivative work involving any software to which you have access; (f) decompile, disassemble, translate or reverse engineer any portion of the Content or Service Platform, or otherwise discover or duplicate any content, data, technology, routines, computer software, algorithms, methods or underlying ideas or design or user interface techniques included in any portion of the Content and/or Service Platform; (g) except as explicitly permitted in these Terms and Conditions, alter or modify in any way the functioning of the Content or Service Platform or interfere with the functioning of the Service Platform or Content; (h) grant or purport to grant any right, title, interest, lien or option in any portion of the Service Platform or Content, or in any intellectual property rights therein; or (i) remove, alter, add, or obscure any copyright, trade secret, or trademark notice or any user notice, warning, disclaimer, consent or advisory pertaining to or included in any information or materials provided or included with the Content and/or Service Platform. Any breach of this Section 1 of the Terms and Conditions is, in addition to a breach of contract, a violation of KlickPays copyright and other intellectual property rights.
If you believe in good faith that any photos, images, text, or other Content appearing on any Service Platform infringes any copyright or other intellectual property right owned by you, please send a Notice to:
Notice. The notice must include the following information: (a) a physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed; (b) identification of the copyrighted work (or other intellectual property right) claimed to have been infringed; (c) identification of the material that is claimed to be infringing or the subject of infringing activity; (d) the name, address, telephone number, and email address of the complaining party; (e) a statement that the complaining party has a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent or the law; and (f) a statement that the information in the notification is accurate and, under penalty of perjury, that the complaining party is authorized to act on behalf of the owner of an exclusive right that is allegedly infringed. If US law requires any additional or different procedure, then the terms of such law shall control.
To enhance the value of the KlickPays service to its Members, we may share certain Member information with third parties, including demographic and other useful information. We will protect and require third parties to protect personal information as described in our Privacy Policy. And you agree that we may use and share information as described in our Privacy Policy.
YOU AGREE THAT NEITHER KLICKPAYS, NOR ANY PERSON OR COMPANY ASSOCIATED WITH KLICKPAYS, INCLUDING ADVERTISERS OR THIRD PARTY SUPPLIERS (COLLECTIVELY, THE “COVERED ENTITIES”) SHALL BE LIABLE FOR ANY DAMAGE RESULTING FROM YOUR USE OR INABILITY TO USE ANY SERVICE PLATFORM OR THE MATERIALS ON ANY SERVICE PLATFORM. THIS PROTECTION COVERS CLAIMS BASED ON WARRANTY, CONTRACT, TORT, STRICT LIABILITY, AND ANY OTHER LEGAL THEORY. THIS PROTECTION COVERS ALL LOSSES AND CLAIMS OF ANY TYPE INCLUDING, WITHOUT LIMITATION, DIRECT OR INDIRECT, SPECIAL, INCIDENTAL, RELIANCE, CONSEQUENTIAL, EXEMPLARY, AND PUNITIVE DAMAGES, PERSONAL INJURY/WRONGFUL DEATH, LOST PROFITS, OR DAMAGES RESULTING FROM LOST DATA OR BUSINESS INTERRUPTION.
THE TOTAL LIABILITY OF COVERED ENTITIES FOR LOSSES, DAMAGES, OR CLAIMS OF ANY KIND SHALL BE LIMITED TO THE AMOUNT OF YOUR ACTUAL DAMAGES, NOT TO EXCEED U.S. $ 100.00 IN AGGREGATE FOR ANY AND ALL CLAIMS. THE LIMIT OF LIABILITY MAY NOT BE EFFECTIVE IN SOME STATES. IN NO EVENT SHALL THE COVERED ENTITIES BE LIABLE TO YOU FOR ANY LOSSES OR DAMAGES OTHER THAN THE AMOUNT DESCRIBED ABOVE. ALL OTHER DAMAGES, DIRECT OR INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, EXEMPLARY, OR PUNITIVE, RESULTING FROM ANY USE OF ANY SERVICE PLATFORM OR MATERIALS ARE EXCLUDED EVEN IF THE COVERED ENTITIES HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
ALL CONTENT ON ANY SERVICE PLATFORM IS PROVIDED TO YOU ON AN “AS IS” “AS AVAILABLE” BASIS WITHOUT WARRANTY OF ANY KIND EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. KLICKPAYS MAKES NO WARRANTY AS TO THE ACCURACY, COMPLETENESS, CURRENCY, OR RELIABILITY OF ANY CONTENT AVAILABLE THROUGH ANY SERVICE PLATFORM, INCLUDING BUT NOT LIMITED TO THE OFFERS PROVIDED BY ADVERTISERS OR THIRD PARTIES, INCLUDING “FRAMED” CONTENT PROVIDED BY ANY ADVERTISER OR THIRD PARTY. YOU ARE RESPONSIBLE FOR VERIFYING ANY INFORMATION BEFORE RELYING ON IT. USE OF ANY SERVICE PLATFORM AND THE CONTENT AVAILABLE ON ANY SERVICE PLATFORM OR LINKED TO BY ANY SERVICE PLATFORM IS AT YOUR SOLE RISK. KLICKPAYS MAKES NO REPRESENTATIONS OR WARRANTIES THAT USE OF ANY SERVICE PLATFORM WILL BE SECURE, UNINTERRUPTED OR ERROR-FREE. YOU ARE RESPONSIBLE FOR TAKING ALL NECESSARY PRECAUTIONS TO ENSURE THAT ANY CONTENT YOU MAY OBTAIN FROM ANY SERVICE PLATFORM OR FROM LINKED WEBSITES IS FREE OF VIRUSES OR SIMILAR DESTRUCTIVE PROGRAMS. YOU AGREE THAT KLICKPAYS SHALL NOT BE LIABLE FOR ANY CLAIM OR DAMAGES RELATED TO ANY LOSS, DESTRUCTION, OR ALTERATION OF DATA RELATED TO YOUR USE OF ANY SERVICE PLATFORM. THE FOREGOING DISCLAIMER INCLUDES BUT IS NOT LIMITED TO RELIANCE BY YOU OR ANY THIRD PARTY ON ANY CONTENT OR INFORMATION OBTAINED THROUGH THE USE OF ANY SERVICE PLATFORM, OR ANY DAMAGE OR HARM RESULTING FROM ANY MISTAKES OR OMISSIONS IN, OR DELAYS IN TRANSMISSION OF, INFORMATION TO OR FROM ANY SERVICE PLATFORM, INTERRUPTIONS IN TELECOMMUNICATIONS CONNECTIONS TO ANY SERVICE PLATFORM, OR VIRUSES, WHETHER CAUSED IN WHOLE OR IN PART BY NEGLIGENCE, ACTS OF GOD, TELECOMMUNICATIONS FAILURE, THEFT OR DESTRUCTION OF, OR UNAUTHORIZED ACCESS TO ANY SERVICE PLATFORM, OR RELATED INFORMATION OR PROGRAMS. SOME JURISDICTIONS DO NOT ALLOW SOME OR ALL OF THE FOREGOING EXCLUSION OF CERTAIN WARRANTIES, AND THEREFORE SOME OF THE FOREGOING EXCLUSIONS MAY NOT APPLY TO YOU.
You agree to indemnify, defend and hold the Covered Entities described above harmless from and against any and all costs, liabilities, losses, and expenses (including, but not limited to, reasonable attorneys’ fees) resulting from any claim, suit, action, or proceeding brought by any third party against any of the Covered Entities alleging or arising from or related to your use of any Service Platform or any breach of these Terms and Conditions by you. This paragraph survives expiration or termination of your membership or these Terms and Conditions.
You and KlickPays are independent contractors as to one another. You are not KlickPays’ agent or employee for any purpose and shall not hold yourself out as KlickPays’ agent or employee.
Members seeking support for their KlickPays’ account should login to the Member’s Section and click the “Support Center” link.
You hereby agree that the only proper jurisdiction and venue for any dispute with KlickPays or any of the other Covered Entities, or in any way relating to your use of any Service Platform, is in the state and federal courts in the State of Minnesota, U.S.A. You further agree and consent to the exercise of personal jurisdiction in these courts in connection with any dispute involving KlickPays or the Covered Entities. Any claims arising form or related to your use of any Service Platform or relating to the information, services or products available on any Service Platform will be governed by the laws of the State of Minnesota, excluding the application of its conflicts of law rules. You agree that any cause of action arising out of or relating to these Terms and Conditions or your use of any Service Platform will be commenced by you within one (1) year after such cause of action arose. Actions not commenced by you within one (1) year are permanently barred.
You agree that in the event you have or may have any alleged claim against KlickPays or any Covered Entity, you shall pursue such claim only in your individual capacity, and you shall not agree to join or be a part of any class action, consolidated action, or similar action. You also agree that your damages are limited as set forth elsewhere in these Terms and Conditions and that you are not eligible to receive, and shall not seek, attorney fees in relation to any claim you have or may have against KlickPays or any Covered Entity.
If any provision of these Terms and Conditions is held to be overbroad, invalid, or unenforceable, such provision shall be deemed amended to the minimum extent necessary to render such provision valid and enforceable. If any provision can not reasonably be deemed amended, then such provision shall be struck and the remaining provisions shall be enforced. Headings are for reference purposes only and in no way define, limit, construe or describe the scope or extent of such section. Members may not sell, assign, or otherwise transfer any rights under these Terms and Conditions, including any membership, Cash, or other benefit. KlickPays may assign or transfer its rights and obligations under these Terms and Conditions. Our failure to act with respect to any failure by you or others to comply with these Terms and Conditions does not waive our right to act with respect to subsequent or similar failures. These Terms and Conditions, along with any changes or updates thereto by us as described above, set forth the entire understanding and agreement between us with respect to the subject matter hereof. All sections of these Terms and Conditions, other than those sections dealing with your future accrual of Cash, survive expiration or termination this Agreement, of your Account or your right to use or visit any Service Platform for any reason.