ClientLook Subscriber Agreement Terms
By using the ClientLook.com web site (“Service”) you and all users accessing the Service through your account agree to be bound by the following terms and conditions (“Agreement”). User/Users (“User”) shall mean and include the person(s) or entity named on an account and any person(s) or entity that accesses the Service through the named account. If a person is entering into this Agreement on behalf of a company or other legal entity, that person hereby represents that he/she has the authority to bind such entity to the Agreement. In this case “you” or “your” shall also refer to and include such entity. Violation of any of the terms below will result in the termination of your account. All Users agree to use the Service at their own risk.
ClientLook hereby grants to the User a non-exclusive, non-transferable, worldwide right to use the Service, solely for Users’ own internal personal or business purposes, subject to the terms and conditions of this Agreement. The Service shall consist of the online collection, organization and storage by ClientLook and the access and use by Users to their contact, activity, property and deal information along with related data, files, web links, information, photographs, floor plans, maps, report and other material (collectively “Customer Data”). The Service may also include access to optional 3rd party products or information for a separate additional fee. ClientLook assumes no liability for the use, pricing or performance of these 3rd party services.
ClientLook takes your privacy and the privacy protection of your Customer Data very seriously. Our policies may be viewed at http://www.ClientLook.com/privacy. ClientLook reserves the right to modify its privacy policies at its discretion from time to time. Users may be prompted with upgrade notices during their use of the Service within a free Trial period, and may receive periodic upgrade solicitations via email or telephone. Because the Service is a hosted, online application, ClientLook may occasionally need to notify all Users of the Service of important announcements regarding the operation of the Service. As someone with access to the Service, you agree that ClientLook may disclose to the public that your company utilizes the Service. However ClientLook will always honor your written request to be excluded from this disclosure.
Terms Of Your Account
- Automated account signups are not allowed.
- You agree to provide ClientLook with complete and accurate billing and contact information. This includes your legal company name, billing address, billing contact name, phone and email address, as well as the names and email addresses of all Users within your account.
- Each authorized User within your account shall be issued their own login credentials. No login may be shared. Each User’s login is intended solely for that person’s use.
- Each User shall be solely responsible for password privacy and the security of their account. ClientLook shall not be liable for any loss or damage from your failure to comply with this security obligation.
- Any person or entity (except any authorized member of ClientLook’s Virtual Assistant team) that accesses the Service through your account shall be deemed to be an authorized User and subject to payment by you for the Service under this Agreement.
- You shall be responsible for and liable to pay for any unauthorized use of or access to the Service on the same basis as an authorized User.
- You are responsible for all Customer Data contributed by you or anyone else accessing the Service through your account.
- You shall not use the Service for any unauthorized or illegal purpose. You shall not, in the use of the Service, violate any California laws, U.S. federal laws, or the laws of your local jurisdiction (including but not limited to copyright laws).
Billing and Renewal
- You may choose an annual or monthly term for your account. You and your Users shall share the same term and billing.
- Your account will automatically renew upon the expiration of each term for a subsequent term of the same duration unless cancelled in accordance with the termination provisions hereunder.
- The Service is billed in U.S. dollars and collected in advance of your subscription term. There are no refunds or credits for a partial or unexpired term of Service, unused months or the reduction in Users of your account during a prepaid licensing term.
- Your ongoing subscription charge is equal to the current number of Users associated with your account times the license fee per User in effect during the prior term, unless ClientLook has given you at least 30 days prior written notice of a fee increase, which shall be effective upon renewal and thereafter.
- A valid credit card is required as payment for access to the Service.
- If you initially sign up for an account which provides a free trial period, your billing will commence automatically on the date after which your trial period expires. If you cancel your account prior to the trial period expiration then you will not be billed.
- All fees are exclusive of all taxes, levies, or duties imposed by taxing authorities, and you shall be responsible for payment of all such taxes, levies, or duties, excluding only United States federal or California state income taxes of ClientLook.
- The number of Users associated with your account may be reduced at any time during your term. Any adjustment in the licensing fee will be made at the next billing cycle. There is no credit for a partial term of service.
- The number of Users associated with your account may be increased at any time.
- For monthly accounts the minimum term for a new User is one month. The current monthly rate per User will be added to the account’s billing at the next billing cycle.
- For annual accounts, the full annual fee will be charged at the time of the new User’s activation. New annual account Users who start during their company’s annual term will receive a credit at the time of their company’s contract renewal.
- Removing a User from your account may cause the unexpected loss of Customer Data that was related to this User. ClientLook does not accept any liability for such loss. It is your sole responsibility to recover the Customer Data of any User under your account whose access is being terminated before the termination is affected.
Modifications to the Service and Agreement
- ClientLook reserves the right at any time and from time to time to modify or discontinue, temporarily or permanently, the Service (or any part thereof) with or without notice.
- ClientLook reserves the right to modify the fees and the other terms and conditions of this Agreement or its policies relating to the Service at any time, effective upon posting of an updated version of this Agreement at http://www.clientlook.com/terms. You are responsible for regularly reviewing this Agreement. Continued use of the Service after any such changes shall constitute your consent to such changes.
- This Agreement/your account may not be assigned by you without the prior written approval of ClientLook but may be assigned without your consent by ClientLook to (i) a parent or subsidiary, (ii) an acquirer of ClientLook assets, or (iii) a successor by merger/purchase. Any purported assignment in violation of this section shall be void.
- ClientLook shall not be liable to you or to any third party for any modification, price change, suspension or discontinuance of the Service.
Cancellation and Termination
- You and your account administrators may cancel an account at any time by contacting our Support team by telephone and speaking with a customer care agent in person. This is the only valid and acceptable method to cancel your account or individual Users within your account. Cancellation is the sole responsibility of you or your account administrators.
- All of the Customer Data associated with your account will be immediately deleted from the Service upon cancellation. Your Customer Data is not recoverable once your account has been cancelled. It is your sole responsibility to export any Customer Data through the Service prior to cancellation.
- If you cancel the Service before the end of your current billing cycle, your cancellation will take effect immediately and subsequent billing will be discontinued.
- In the event of an alleged breach of this Agreement, ClientLook, in its sole discretion, has the right to suspend or terminate your account and refuse any and all current or future use of the Service. Such termination of the Service will result in the suspension or deletion of your account and access to your account, and the forfeiture and relinquishment of all Customer Data associated with your account which is in violation of this Agreement. Notwithstanding the foregoing you shall be entitled to recover any Customer Data which does not violate the conditions of this Agreement within three (3) business days of the notice of suspension or termination of this Agreement.
Intellectual property ownership and responsibility
- ClientLook does not own the Customer Data that you submit to the Service, and you maintain intellectual property ownership and right to use of such data. You shall have sole responsibility for the accuracy, quality, integrity, legality, reliability and appropriateness of all Customer Data. Any access by ClientLook to Customer Data or its derivatives is limited to that required for the support, maintenance and delivery of the Service.
- ClientLook may upon notice to you, but have no obligation to, remove Customer Data and suspend or terminate accounts containing Customer Data that we determine in our sole discretion are unlawful, offensive, threatening, libelous, defamatory, pornographic, obscene or otherwise objectionable or violates any party’s intellectual property or this Agreement.
- You are responsible for all activity occurring under your subscription and shall abide by all applicable local, state, national and foreign laws, treaties and regulations in connection with any use of the Service under your subscription, including those related to data privacy, copyright protection, international communications and the transmission of technical or personal data.
- ClientLook alone (and its licensors, where applicable) shall own all right, title and interest, including all related Intellectual Property Rights, in and to the Service and any suggestions, ideas, enhancement requests, feedback, recommendations or other information provided by you or any other party relating to the Service. This Agreement is not a sale and does not convey to you any rights of ownership in or related to the Service or the Intellectual Property Rights owned by ClientLook. The ClientLook name, the ClientLook logo, and the product names associated with the Service are trademarks of ClientLook or third parties, and no right or license is granted to use them.
- You represent and warrant that (a) you own or have the full right, power and authority to all Customer Data including photographs, floor plans, maps or any other type of property media that you upload, post, e-mail or otherwise transmit to ClientLook; (b) your use of such content within ClientLook does not infringe any right or interest owned or possessed by any third party; and (c) there are no claims, judgments or settlements to be paid by you, or pending claims or litigation, relating to any of your Customer Data.
- Your use of the Service is at your sole risk. The service is provided on an “as is” and “as available” basis.
- You understand that ClientLook uses third party vendors and hosting partners to provide the necessary hardware, software, networking, storage, and related technology required to operate the Service.
- You must not modify, adapt, reverse engineer or hack the Service or modify another website so as to falsely imply that it is associated with the Service or ClientLook.
- Unless express written permission is provided to you by ClientLook you agree not to reproduce, duplicate, copy, sell, resell or exploit any portion of the Service, use of the Service, or access to the Service.
- You acknowledge and agree that the processing and electronic transmission of the Service, including your Customer Data, may be transferred unencrypted and involve (a) transmissions over various networks; and (b) modifications to support the technical requirements of connecting networks or devices.
- You shall not transmit, share or store any malicious code, worms or viruses of a destructive nature in the Service.
- The bandwidth associated with your account must not exceed an acceptable bandwidth level as determined solely by ClientLook. If your bandwidth significantly exceeds this level then your account may be immediately suspended and thereafter terminated.
- ClientLook makes no representation, warranty or guarantee that (a) the Service will be suitable for your specific requirements or meet your expectations, (b) the Service will be uninterrupted, timely, secure, or error-free, (c) the results that may be obtained from the use of the Service will be accurate or reliable, and (d) any errors or defects in the Service will be corrected.
- You expressly understand and agree that ClientLook shall not be liable for any direct, indirect, incidental, special, consequential, punitive or exemplary damages, including but not limited to, damages for loss of profits, goodwill, use, data or other intangible losses (even if ClientLook has been advised of the possibility of such damages), resulting from: (a) the use or the inability to use the Service; (b) the cost of procurement of substitute goods and services resulting from any goods, data, information or services purchased or obtained or messages received or transactions entered into through or from the Service; (c) unauthorized access to or alteration of your transmissions or data; (d) statements or conduct of ClientLook in the provision of the Service; (e) or any other matter relating to the Service or the failure to properly provide the Service. ClientLook shall mean and include ClientLook, Ltd. and its 3rd party contractors and suppliers and the respective officers, employees, servants and agents of all the foregoing.
- The failure of ClientLook to exercise or enforce any right or provision of the Agreement shall not constitute a waiver of such right or provision. This Agreement constitutes the entire agreement between you and ClientLook and governs your use of the Service, superseding any prior agreements between you and ClientLook (including, but not limited to, any prior versions of the Agreement).
- This Agreement shall be governed by California law and controlling United States federal law, without regard to the choice or conflicts of law provisions of any jurisdiction, and any disputes, actions, claims or causes of action arising out of or in connection with this Agreement or the Service shall be subject to the exclusive jurisdiction of the state and federal courts located in Orange County, California.