TERMS OF USE

ACCEPTANCE OF TERMS.   Welcome to the JustClick.Earth™ website. Julian Gresser, JustClick.Earth, Big Heart Technologies, Inc., ResilienceMultiplier.com (hereinafter the “Provider”) makes available for your use on your computer the company’s technology including, without limitation, Evolutionary Conversations, Just Click Apps, courses, and other information, documents, software and products (collectively, the “Materials”) and various services operated by the company (collectively, the “Services”), subject to the terms and conditions set forth in this document (the “Terms of Use”). By accessing or using these Materials, including your access to or use of any of the Services, you agree to the Terms of Use. The company reserves the right to change the Terms of Use from time to time at its sole discretion. Your use of the Materials and Services will at all times be subject to the most current version of the Terms of Use posted on the Site at the time of such use. In addition, when using particular Services or Materials on this Site, you shall be subject to any posted guidelines or rules applicable to such Services or Materials that may contain terms and conditions in addition to those in these Terms of Use. All such guidelines or rules are hereby incorporated by reference into these Terms of Use. If you breach any of the Terms of Use, your authorization to use any of the company’s Materials or Services automatically terminates and you must immediately destroy any Materials downloaded or printed from the Site.

COPYRIGHT: LIMITED LICENSE.   The Materials and Services on this Site are protected by copyright and/or patent and/or other intellectual property laws, and any unauthorized use of the Materials or Services may violate such laws. Except as expressly provided herein, the Company and its licensors and suppliers retain all such rights and do not grant any express or implied right to you under any patents, copyrights, trademarks, or trade secret information with respect to the Materials and Services. Except as specifically permitted herein, no portion of the information or documents on this Site may be reproduced in any form or by any means without the prior written permission of the Provider.

USE OF SOFTWARE AND WEB SERVICES.   The software and accompanying documentation that you have the opportunity to download are the copyrighted and/or patented work of the Company and/or its licensors and/or suppliers. Use of the software is governed by the terms of the end user license agreement that accompanies or is included with such software. You will not be able to download or install any software that is accompanied by or includes an end user license agreement unless you agree to the terms of such end user license agreement. If you do not agree to such terms, you will not be able to use the software. You may not decompile, reverse engineer or otherwise attempt to discover the source code of the software available on the Site.

USE OF SOFTWARE AND SITE INFORMATION.  Except as otherwise indicated elsewhere 1) on the JustClick.Earth website or associated websites including BigHeartTechnologies.com, ResilienceMultiplier.com, AlliancesforDiscovery.org); 2) on the associated software 3) on the documents attached to this software; 4) on the information supplied within the software menus; 5) on the JustClick.Earth software surface 6) or in Web Pages activated by clicking the website or software software menu buttons, collectively “JustClick”, you may view the documents and information available on the JustClick.Earth subject to the following conditions:

  • The documents and information may not be modified or altered in any way.
  • You may not remove any copyright or other proprietary notices contained in the documents and information.
  • The company reserves the right to revoke the authorization to view, download and print the documents and information available on the website at any time, and any such use shall be discontinued immediately upon written notice from the Company or an announcement published by the Provider.
  • The rights granted to you constitute only a license and in no event ever a transfer of title.

DISCLAIMER: EDUCATIONAL AND INFORMATIONAL PURPOSES ONLY.  The materials on this web site are for EDUCATIONAL PURPOSES ONLY. They are not intended as a substitute for legal or medical advice and nor should they be used for this purpose. The sole goal is to introduce a new way of thinking and engaging with the world combining Big Heart and Mind. You must consult with your physician or attorney if you have any medical or legal problem that concerns you. All public fora offered by the Provider are designed based on this core educational and humanitarian purpose. No personal coaching or mentoring advice of any kind is being offered.  By purchasing this product you are not creating any professional engagement, whether attorney-client, or health care provider-client relationship. Moreover, the Provider is not responsible for any action taken based on the methodologies presented. Participants in these programs have the personal responsibility to practice with dedication using the tools and methodologies provided. The management of the Provider pledges to do what it can to improve and to refine the core methodologies and tools, based on new insights and discoveries relating to best practices, in order to render them more helpful to users. the Provider’s management will make its best efforts to respond to questions from users presented in public fora by referencing general principles in The Resilient Negotiator, 5 Minutes to Resilience, and 10 Essential Moves, Integral Resilience Course, Resilience Apps, and other methodologies. Personal coaching programs are available and can be discussed on case by case basis. Individual consulting contracts will be customized to the requirements of clients and their organizations.

The rights specified above to view the documents and information available on the website or hosted software are not applicable to the design or layout of the website. Graphic art, fine art, hosted eBooks, and other elements of the website are protected by trade dress and other laws and may not be copied or imitated in whole or in part.

When using any materials or information obtained from or through the Provider and its products and services whether via in-person, phone, Zoom, Whatsapp, Skype, webinars, teleseminars, webcams, social media, newsletters, websites, blogs, social media and otherwise in a variety of settings, including but not limited to individual and/or group programs, classes, courses, workshops, events, retreats, seminars, consultations and/or trainings, you acknowledge that we are supporting you in our role exclusively as providing education and information, and in no other role.

NOT A SUBSTITUTE FOR MEDICAL ADVICE, TREATMENT, DIAGNOSIS OR CARE.   The Provider or anyone else associated is not providing health care, medical or nutritional therapy services and will not diagnose, prevent, treat or cure in any manner whatsoever any disease, condition or other physical or mental ailment of the human body. The information in or through this Website, Blog and related materials; our Products, Programs, and Services and related materials from and related to the Provider and its products and services are not intended to replace a one-on-one relationship with a qualified healthcare professional, or a legal professional, or business consultant. As such, it is not intended as a substitute for the advice provided by your physician or other healthcare providers, attorney, or business consultants, and it is definitely not intended as medical advice, diagnosis, or treatment, legal or business advice. 

NOT HOLDING SELF OUT.   In this capacity as an educator, writer, editor, speaker, blogger and teacher, the principals and affiliates of the Provider are not holding themselves out to be a Medical Provider or physician/doctor or any other health, legal, or business professional or member of the clergy.

CONSULT YOUR PHYSICIAN OR HEALTH CARE PROVIDER.    Our intent is NOT to replace any care or relationship that exists or should exist between you or your clients’ medical providers or mental health providers. Always speak with and seek the advice or your/their physician/doctor or other qualified health professionals regarding any questions or concerns about your/their specific health situation or concerns and before taking or changing any medication, nutritional, herbal or homeopathic supplement or other treatment and lifestyle habits. If you are under the care of any health professionals (or should be), we strongly encourage you to discuss modifications in your diet, lifestyle, exercise program, nutrition, stress management or use of other healing modalities, detoxes, supplements, vitamins diets, meditations, yoga, deep breathing or other aspects of a weight loss, healthy eating, exercise and/or lifestyle program with them prior to making any changes, and never discontinue or reduce prescription or other medications without consulting your doctor or pharmacist. If you or your clients have any health concerns or suspect that you have a medical problem you should consult with a healthcare professional promptly. Do not disregard professional medical advice or delay in seeking medical advice or care because of something you have read or heard on this Website or Products. This same caveat applies to any legal or business insights you may derive from this web site.

NOT LEGAL OR FINANCIAL ADVICE.   The information and materials contained in our Website, Blog, Programs, Products or Services are not intended as a substitute for legal or financial advice that can be provided by your own attorney, accountant, and/or financial adviser. Although care has been taken in preparing the information provided to you, we cannot be held responsible for any errors or omissions, and we accept no liability whatsoever for any loss or damage howsoever arising. The law varies by state and it is constantly changing and therefore it affects each individual and business in different ways, and therefore it is recommended that you and your clients seek outside financial and/or legal counsel relating to your specific circumstances as needed. You are hereby advised to consult with your tax consultant, accountant or lawyer for any and all questions and concerns you have, may have, or hereafter have regarding any and all information presented by our Website, Programs or Services pertaining to your specific financial and/or legal situation.

THE USE OF INFORMATION FROM THIS SITE, PRODUCTS ARE AT YOUR OWN RISK (PERSONAL RESPONSIBILITY).   You agree that by using these Products, services and/or Website you are an adult (at least 18 years old) and you are legally able to enter into a contract. Our Website and Products are solely intended for users who are adults. Any access to, use of or registration to any Products or Service or this Website or blog by anyone under 18 is unauthorized, unlicensed and in violation of these Terms of Use. By accessing or using our Website, blog, Programs, Products or Services, you represent and warrant that you are 18 years or older and that you agree to and to abide by all of our Terms of Use and policies.

Do not use the information on this website for diagnosing or treating a health problem or starting any medication or treatment without discussing it with a qualified health professional.

Information provided on this website and the use of any services purchased from our site DOES NOT create a physician/healthcare provider-patient relationship between you and any healthcare provider affiliated with our website or services.

NOT EVALUATED BY THE FDA.   The information, statements and educational information on this Website, or through our Products, Programs and Services and related documents including those regarding dietary or nutritional supplements have not been evaluated by the Food and Drug Administration (FDA).  These Products and statements are not intended to diagnose, treat, cure, or prevent any disease.

NO LIABILITY AND RELEASE OF CLAIMS.   By using our Website, blog, Programs, Products and Services or associated content, you and your clients are using your own judgment  and fully and completely hold harmless, indemnify and release us and any other of our employees, directors, staff, consultants, agents, or anyone affiliated with us from any and all liability, damages, causes of action, allegations, suits, sums of money, claims and demands whatsoever, in law or equity, that you or your clients ever had, now have or will have in the future against us, arising from your or your clients’ participation in or in any way related to our Website, Programs, Products and Services, unless arising from the gross negligence on our part.

You agree that you are using your own judgment in using the information provided on this Website and through these Programs, Products, Services, blog and books, which is done at your own risk.

You agree that the Provider and its products and services are not responsible for your health or wellbeing, the success or failure of your business decisions, the increase or decrease of your finances or income level, your clients’ results, or any other result of any kind that you may have as a result of information or Products presented to You through our Website, Programs, Products and Services. You are solely responsible for your and your clients’ results.

In no event, including, but not limited to negligence, will the Provider and its products and services be liable to you, your clients’ or to any party for any type of direct, indirect, special, incidental, equitable or consequential damages of any kind  from the use of, or the inability to use, the Website, Products, Programs, Services or other materials including contents or third-party materials associated with us in any way made available through the site, even if we are advised beforehand of the possibility of such damages. You and your clients’ hereby release us from any and all claims, including, without limitation, those related to lost profits, personal or business interruptions, personal injuries, accidents, misapplication of information, or any other loss, physical or mental disease, condition or issue experienced by you and/or your clients, or otherwise, even if we are expressly advised of the possibility of such damages or difficulties.

The Provider will not assume liability for accidents, delays, injuries, loss or damages of any kind due to any act or default of any company, organization, or person engaged in rendering this Website, Program, Products or Services in any way. In the event that you or your clients use the information provided through our Website, Programs, Products or Services by us or affiliated with us, we assume no responsibility.  We will not be held responsible in any way for the information that you or your clients request or receive through our Website, Programs or Services.

Information provided through the program is provided “as is” without warranty of any kind.  The company makes no warranty of any kind, implied or express, as to its accuracy, completeness or appropriateness for any purpose.

TERMS OF USE AND CONDITIONS FOR WEBSITE AND PRODUCT USE AND CONSENT.   Whether you use this Website, Products and/or Services as a visitor, guest, registered user, licensee, or as a member or student, you agree to our complete Terms of Services and Policies. If you do not agree to the Terms of Use, Conditions and Policies, please do not use this Website, Products or Services.

If you purchase a program, Product, Service or subscription or otherwise entered into an agreement with us, you will also be governed by the terms of that agreement, license or the terms and conditions for that program, which shall prevail in the event of a conflict. Online purchases, Done-for-You Programs and Services have additional terms and conditions relating to the transaction and Product as indicated.

ACCURACY.  We try to keep this Website, our Products, Programs and Services as accurate and up-to-date as possible, but typographical and content mistakes may occur. Although the author has made every reasonable attempt to achieve complete accuracy of the content, she assumes no responsibility for errors or omissions.

ASSUMPTION OF RISK.  You are acknowledging that You are voluntarily participating in using our Website, Programs and Services, and you alone are solely and personally responsible for your results. You acknowledge that You take full responsibility for Your own health, life and well-being, Your business, as well as the health, lives and well-being of Your family and children (where applicable), for all decisions now or in the future.

There may sometimes be unknown individual risks and circumstances that can arise during use of our Website, Programs, Products and Services that cannot be foreseen that can influence or alter results or outcomes.  The Provider) is not responsible for your or your clients’ personal choices or actions before, during or after use of our Website, Programs, Products and Services. You understand that any suggestions, information or recommendations on or through our Website, Programs, Products or Services or related materials is to be taken and used at your and your clients’ own risk, with no liability on our part, acknowledging that there is a rare chance that business loss or failure, illness, injury or even death could result.

You accept full responsibility for the consequences of your use, or non-use, of any information provided by us through any means whatsoever, as well as your clients’ use or non-use of any information obtained through you or our Website, Programs or Services. Your use or your clients’ use, or non-use, of this information, is at your own risk, and you absolve us of any liability or loss that you, your clients, your business, your family and/or children or any other person or being may incur from your or their use or non-use of the information and Products provided.

NO GUARANTEES OF INCOME OR WARRANTIES OR GUARANTEES OF ANY KIND.   The role of the Provider and its products and services is to support and to educate you in reaching your own health, wellness, lifestyle and business goals, but your success depends primarily on your own effort, motivation, commitment and follow-through in conjunction with appropriate advisors and caregivers. We cannot and do not guarantee that You or Your clients will attain a particular result. We make no representations or warranties of any kind, express or implied, as to the operation of this website or the information, content, materials, Programs, Products or Services included on or through this Website and related materials.

You accept and understand that results differ for each individual and circumstances. Each individual’s health and wellness and business success depend on his or her history, background, dedication, desire, and motivation, and a whole host of additional factors.  As with any health and wellness related program or business service that you purchase, your results may vary due to the interaction of many variables. Therefore, no guarantees or warranties can be made.  Any results, earnings or income statements or examples shown through our Website, Programs and Services are only estimates of what might be possible for You or Your clients. There can be no assurance as to any particular financial, health or wellness outcomes, based on the use of our Website, Programs, Products or Services.

To the full extent permissible by applicable law, we disclaim all warranties, express or implied, including implied warranties of merchantability and fitness for a particular purpose.  The Provider and its products and services will not be liable for any damages or any kind arising from the use of this Website, Programs, Products, Services or related content and materials.

OUR LIMITED LICENSE TO YOU.   The Provider and its products and services and/or our affiliates or licensors own the intellectual property and rights to all content and material on the Website and Blog as well as associated materials not limited to the newsletter and email correspondence and social media posts and therefore the content and all materials in the Website, Products or associated materials are protected by copyright, trademark, and other intellectual property laws.

If you are a visitor or guest to this Website and you are not making a purchase of a program, service, or materials through this Website,  all content obtained from or on this Website is our property, and you are granted a revocable, non-transferable license for personal, non-commercial use only, limited to you only. You may view, download (for caching purposes only), and print pages only for Your own personal use, subject to the restrictions set out elsewhere in these Terms of Use and provided that you give us full attribution and credit by name, keep intact all copyright and other proprietary notices and, if used electronically, you must include the link back to the Website page from which the information was obtained.  By downloading, printing, or otherwise using Website content for personal use you in no way assume any ownership rights of that material, so You may not in any way use, copy, adapt or represent any of our material in any way as if it is yours or created by you unless specifically permitted to do through the terms and conditions relating to your respective program or service purchase or unless specifically authorized by us in advance and in writing.

When you enroll in or purchase any of our programs, Products or services or obtain information through this Website, you expressly agree that you will not steal or utilize our content for unintended or prohibited purposes. Duplication, sharing, or uploading course files to sharing sites, or downloading or sharing information contrary to the limited license we have provided to you herein is considered stealing and theft, and will be prosecuted to the full extent of the law.

You may not use the Website, Blog, Newsletter, Social Media posts or other related materials in a manner that constitutes an infringement of our rights, or that has not been authorized by us.

You may not use the Website, Blog, Newsletter, Social Media posts or other related materials in a manner that constitutes an infringement of our rights, or that has not been authorized by us. Unless explicitly authorized in the Terms and Conditions relating to a specific program, Product  or service you purchased through this Website, you may not modify, copy, reproduce, republish, upload, post, transmit, translate, sell, create derivative works, exploit, or distribute in any manner or medium (including by email or other electronic means) any material purchased through any of our Programs, Products or Services, or obtained on or through the Website, including through an individual or group program, e-book, private Facebook or Website forum, or class for commercial use, or for use in any way that earns you money or otherwise, and you must seek our permission before using any of our materials or content from this Website for your own business use or before sharing with others.

This includes but is not limited to the prohibition of the following uses:

  • Sale, rental, sub-license or other means of redistribution or profiting off of any content from the Website or related materials;
  • Redistribution of any content of the Website or related materials, unless the content is specifically and expressly made available for redistribution.
  • Republication or replication of content from the Website, unless the content is specifically and expressly made available for republication with a separate License;
  • Reproduction or duplication of any content on the Website for commercial purposes;
  • Modification of any content on this website, unless the content is specifically and expressly made available for modification with a separate License.
  • All graphics, trademarks, logos and content displayed on the Website belong to us or our affiliate partners and cannot be used without explicit written consent.

THIRD PARTY LINKS AND NO ENDORSEMENT.   Throughout this Website and associated Products and materials, we may provide links to Internet sites which may take you to outside websites or documents owned, maintained or controlled by third parties. Any links, trademarks, service marks, product names or named features are assumed to be the property of their respective owners and are used only for reference. There is no implied endorsement, sponsorship or approval by us of the linked website, its operator or content.

Reference to, quoting or links on or in our Website, Programs, Products or Services of the Provider to any other individual’s, business or entity’s information, advice, opinions, programs, products or services do not constitute our formal endorsement. We are merely sharing information for informational and educational purposes only.

We do not control the contents or functionality of outside, third-party or affiliate websites, products or documents and accept no responsibility for any loss or damages that may arise from your use of them. We are not responsible for any website outside this Website, and such other website use will be subject to those linked websites’ relevant terms and conditions and privacy policies.  It is your responsibility to review those terms and conditions and privacy policies of other websites to confirm that you understand and agree with those policies.

We are not responsible for the website, social media or other content, blogs, e-mails, videos, social media, programs, products and/or services of any outside or off-site web pages, companies, platforms or persons linked or referenced in our Website, Programs, Products or Services.  Should our Website, book, quote, content or links appear in any other individual’s, business’s or entity’s website, program, product or services, it does not constitute our formal endorsement of them, their business or their website.

YOUR LICENSE TO US.    You must not use the Provider’s Websites, Blogs, Programs, Products or Services or any aspect related to it in any way that causes or is likely to cause access to it to be interrupted, damaged or impaired in any way. You must use it for lawful purposes only. You understand that you are solely responsible for all content and communications sent from your computer to us by You.

By participating, submitting or posting any material including without limitation comments, blog entries, photos, videos or other content to us through our website, blog, Programs, Products, Services, private Facebook Pages or other social media, you are representing (i) that you are the owner of the material or are making your submission with the express consent of the owner of the material and (ii) that you are 18 years of age or older. When you submit or post any material, You are granting us a royalty-free, perpetual, irrevocable, non-exclusive, unrestricted, worldwide license to use, modify, copy, transmit, sell, create derivative works from, distribute, exploit and/or publicly display such material in whole or in part in any manner or medium for any purpose.

You acknowledge that we have the right but not the obligation to use and display any postings or contributions of any kind and that we may elect to cease the use and display of any such materials (or any portion thereof), at any time for any reason whatsoever.

YOUR CONDUCT.    You understand that you are solely responsible for all electronic communications and content sent from your computer to this Website or to us.

You must not use the Website for lawful purposes only and never use the Website or Products in a way that causes, or may cause, damage to the Website or impair the availability of access to the Website.

For example, you may not use the Website for any of the following purposes:

  • You must not use the Website for fraudulent purposes or in connection with a criminal offense or to otherwise carry out any unlawful activity
  • You must not decompile, reverse engineer, disassemble or otherwise reduce or harm the Website.
  • You must not use the Website to copy, store, host, transmit, send, use, publish or distribute any material that consists of or is linked to any spyware, malware, computer virus, Trojan horse, worm, keystroke logger, rootkit and/or other harmful code or malicious software.
  • You must not cause annoyance, inconvenience or needless anxiety
  • You must not conduct any systematic or automated data collection activities, including, but not limited to scraping, data mining, data extraction or data harvesting on or in relation to the Website or related materials.
  • You must not use the Website to transmit or send any unsolicited commercial communications.
  • You must not impersonate any third party or otherwise mislead as to the origin of your content.
  • You must not use the Website for any third-party marketing.

USE AND PROTECTION OF ACCOUNT NUMBER AND PASSWORD.  While activating certain features, you have the option to register, in such case, you are responsible for maintaining the confidentiality of your account number and/or password, if applicable. You are responsible for all uses of your account, whether or not actually or expressly authorized by you.

WARRANTIES AND DISCLAIMERS.
EXCEPT AS EXPRESSLY PROVIDED OTHERWISE IN A WRITTEN AGREEMENT BETWEEN YOU AND THE COMPANY, ALL MATERIALS AND SERVICES ON JUST.CLICK.EARTH WEBSITE ARE PROVIDED “AS IS” WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, OR THE WARRANTY OF NON-INFRINGEMENT.

WITHOUT LIMITING THE FOREGOING, THE COMPANY MAKES NO WARRANTY THAT (i) THE SERVICES AND MATERIALS WILL MEET YOUR REQUIREMENTS, (ii) THE SERVICES AND MATERIALS WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE, (iii) THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SERVICES OR MATERIALS WILL BE EFFECTIVE, ACCURATE OR RELIABLE, (iv) THE QUALITY OF ANY PRODUCTS, SERVICES, OR INFORMATION PURCHASED OR OBTAINED BY YOU FROM THE COMPANY VIA THE JUSTCLICK.EARTH WEBSITE WILL MEET YOUR EXPECTATIONS, AND (v) ANY ERRORS IN THE WEBSITE OR CLOSELY AFFILIATED HOSTED SERVICES WILL BE CORRECTED.

SOME STATES OR JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES OR LIMITATIONS ON HOW LONG AN IMPLIED WARRANTY MAY LAST, SO THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU. TO THE EXTENT PERMISSIBLE, ANY IMPLIED WARRANTIES ARE LIMITED TO NINETY (90) DAYS.

JUSTCLICK.EARTH COULD INCLUDE TECHNICAL OR OTHER MISTAKES, INACCURACIES, CATEGORICAL OR TYPOGRAPHICAL ERRORS. THE COMPANY MAY MAKE CHANGES TO THE MATERIALS AND SERVICES, INCLUDING THE PRICES AND DESCRIPTIONS OF ANY PRODUCTS LISTED HEREIN, AT ANY TIME WITHOUT NOTICE. THE MATERIALS OR SERVICES ON THE WEBSITE THAT MAY BE OUT OF DATE, AND THE COMPANY MAKES NO COMMITMENT TO UPDATE SUCH MATERIALS OR SERVICES.

THE COMPANY ASSUMES NO RESPONSIBILITY FOR ERRORS OR OMISSIONS IN THE INFORMATION, DOCUMENTS, SOFTWARE, MATERIALS AND/OR SERVICES WHICH ARE REFERENCED BY OR LINKED TO THE WEBSITE. REFERENCES TO OTHER CORPORATIONS, THEIR SERVICES AND PRODUCTS, ARE PROVIDED “AS IS” WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED.

IN NO EVENT SHALL THE COMPANY OR ITS SUPPLIERS BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY SPECIAL, PUNITIVE, INCIDENTAL, INDIRECT OR CONSEQUENTIAL DAMAGES OF ANY KIND, OR ANY DAMAGES WHATSOEVER, INCLUDING, WITHOUT LIMITATION, THOSE RESULTING FROM LOSS OF USE, DATA OR PROFITS, WHETHER OR NOT THE COMPANY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, AND ON ANY THEORY OF LIABILITY, ARISING OUT OF OR IN CONNECTION WITH THE USE OF THE WEBSITE OR AFFILIATED HOSTED NETWORK OR OF ANY WEBSITE REFERENCED OR LINKED TO FROM THE JUSTCLICK.EARTH WEBSITE. SOME JURISDICTIONS PROHIBIT THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, SO THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU.

THE USE OF THE SERVICES OR THE DOWNLOADING OR OTHER ACQUISITION OF ANY MATERIALS THROUGH THE SITE IS DONE AT YOUR OWN DISCRETION AND RISK AND WITH YOUR AGREEMENT THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM (SOFTWARE AND HARDWARE) OR LOSS OF DATA THAT RESULTS FROM SUCH ACTIVITIES. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM THE COMPANY OR THROUGH OR FROM THE JUSTCLICK.EARTH WEBSITE SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THE TERMS OF USE.

This Site contains links to third-party Websites that are not under the control of the Company. The Company makes no representations whatsoever about any other Website to which you may have access through the website. When you access a non-JustClick.Earth Website or software you do so at your own risk and the Company is not responsible for the accuracy or reliability of any information, data, opinions, advice, or statements made on these sites or for the quality of any products or services available on such sites. The Company provides these links merely as a convenience and the inclusion of such links does not imply that the Company endorses or accepts any responsibility for the content or uses of such Websites. JustClick.Earth can be accessed from other countries around the world and may contain references to the Company products, services, and programs that have not been announced in your country. These references do not imply that the Company intends to announce such products, services or programs in your country.

PERSONAL INFORMATION AND PRIVACY.   To learn about how the company protects your personal information, such as your name and address, refer to the PRIVACY POLICY available on the Website. Please note that any non-personal information or material sent to the company will generally be deemed to NOT be confidential. The Company reserves the right, notwithstanding your right of privacy and the Company’s privacy policy, to make such disclosures as may be required under court order or similar governmental mandate.  Any dispute in the interpretation of privacy related policy within any element of the Terms of Use, this Terms of Use policy and agreement shall be considered legally subordinate to, and superceded by, the stated PRIVACY POLICY of this website.

LICENSE FOR USER CONTENT.   Certain Services offered on the website may accommodate or require user-supplied information, materials or communications (collectively, ‘User Content’). Depending upon the nature of the Service, by submitting User Content to JustClick.Earth you grant the Company one of the following two types of licenses:

For User Content that is the result of your creative efforts, such as examples of work you have done using the company products, you hereby grant the Company a worldwide, royalty-free, non-exclusive license to reproduce and modify (for purposes of formatting, maintenance or website administration only) such User Content. You also grant the Company the right to distribute and publicly display and perform such User Content for the purpose for which such User Content was submitted to the Service. This license will be in effect until such User Content is removed from the website.

For User Content such as comments to the Company User-to-User Forums, bug reports, piracy reports or product suggestions, you grant the Company an unrestricted, worldwide, irrevocable license to use, reproduce, display, perform, modify, transmit and distribute such User Content; and you also agree that the Company is free to use any ideas, concepts, know-how or techniques that you send us for any purpose. However, we will not release your name or otherwise publicize the fact that you submitted such User Content to us unless: (a) you grant us permission to do so; (b) we first notify you that the User Content you submit to a particular part of the Provider websites or it’s branded off-site services will be published or otherwise used with your name on it; or (c) we are required to do so under court order or similar governmental mandate.

PROHIBITED COMMUNICATIONS. You may only submit to the Provider, User Content that is (a) owned by you, (b) submitted with the express permission of the owner, or (c) in the public domain. You are prohibited from posting or transmitting to or from the website(s) any unlawful, threatening, libelous, defamatory, obscene, pornographic, or other materials that would violate any law applicable or the rights of others, including without limitation, laws against copyright infringement. Violation of these restrictions may result in limitations on access by you to this Site.

MANAGING USER CONTENT AND COMMUNICATIONS. The company reserves the right, in its sole discretion, to delete or remove your User Content from the website(s) and to restrict, suspend or terminate your access to all or part of the website(s) at any time for any reason without prior notice or liability. The Company may establish general practices and limits on the use of any Service, including, but not limited to, limits on retention time, file size, and storage space for User Content. The Company shall have no liability or responsibility for the deletion or failure to store any information or materials in connection with any Service. The Company may, but is not obligated to, monitor or review (i) any areas on the Site where users transmit or post User Content, including but not limited to areas where Services are available, or chat rooms, bulletin boards or other user forums, and (ii) the substance of any User Content. To the maximum extent permitted by law, The company will have no liability related to User Content arising under the laws of copyright, libel, privacy, obscenity, or otherwise. The Company also disclaims all liability with respect to the misuse, loss, modification, or unavailability of any User Content.

NOTIFICATION OF COPYRIGHT INFRINGEMENT. The Company will, in appropriate circumstances, terminate the accounts of users who infringe the intellectual property rights of others. If you believe that your work has been used or copied in a way that constitutes copyright infringement and such infringement is occurring on the Provider’s sites or on sites linked to from the Provider, please provide the Company’s Copyright Agent a Notice containing the following elements:

  • A physical or electronic signature of the person authorized to act on behalf of the owner of the copyright interest that is alleged to have been infringed;
  • A description of the copyrighted work or works that you claim have been infringed and identification of what material in such work(s) is claimed to be infringing and which you request to be removed or access to which is to be disabled;
  • A description of where the material that you claim is infringing is located on the Company site;
  • Information sufficient to permit the Company to contact you, such as your physical address, telephone number, and email address;
  • A statement by you that you have a good faith belief that the use of the material identified in your Notice in the manner complained of is not authorized by the copyright owner, its agent, or the law;
  • A statement by you that the information in your Notice is accurate and, under penalty of perjury, that you are the copyright owner or authorized to act on the copyright owner’s behalf.

The company’s Copyright Agent for Notice of claims of copyright infringement can be reached as follows:

By mail:
William Moulton
12 Aspen Court
San Anselmo, CA 94960

By email:
wsmoulton @ gmail dot com

THE COPYRIGHT AGENT SHOULD BE CONTACTED ONLY IF YOU BELIEVE THAT YOUR WORK HAS BEEN USED OR COPIED IN A WAY THAT CONSTITUTES COPYRIGHT INFRINGEMENT AND SUCH INFRINGEMENT IS OCCURRING ON THIS SITE OR ON SITES LINKED TO FROM THIS SITE. ALL OTHER INQUIRIES DIRECTED TO THE COPYRIGHT AGENT WILL NOT BE RESPONDED TO. SUCH INQUIRIES SHOULD BE MADE THROUGH THE FEEDBACK PROCEDURE LOCATED AT wsmoulton @ gmail dot com

EXPORT CONTROL LAWS; NOTICE TO U.S. GOVERNMENT USERS.
The export and re-export of The company software products are controlled by the United States Export Administration Regulations and such software may not be exported or re-exported to Cuba, Iran, Iraq, Libya, North Korea, Sudan, or Syria or any country to which the United States embargoes goods. In addition, The company software may not be distributed to persons on the Table of Denial Orders, the Entity List, or the List of Specially Designated Nationals.

By downloading the Company software product you are certifying that you are not a national of Cuba, Iran, Iraq, Libya, North Korea, Sudan, or Syria or any country to which the United States embargoes goods and that you are not a person on the Table of Denial Orders, the Entity List, or the List of Specially Designated Nationals.

All The company products and publications are commercial in nature. The software and documentation available on the Provider’s sites are “Commercial Items,” as that term is defined at 48 C.F.R. §2.101, consisting of “Commercial Computer Software” and “Commercial Computer Software Documentation,” as such terms are used in 48 C.F.R. §12.212 or 48 C.F.R. §227.7202, as applicable. Consistent with 48 C.F.R. §12.212 or 48 C.F.R. §§227.7202-1 through 227.7202-4, as applicable, the Commercial Computer Software and Commercial Computer Software Documentation are licensed to U.S. Government end users (A) only as Commercial Items and (B) with only those rights as are granted to all other end users pursuant to the terms and conditions herein.

INDEMNITY.
You agree to indemnify and hold the Company, and its subsidiaries, affiliates, officers, agents, co-branders or other partners, and employees, harmless from any claim or demand, including reasonable attorneys’ fees, made by any third party due to or arising out of content you submit, post to or transmit through the Provider sites (including, without limitation, any User Content), your use of the website(s), your connection to the website(s), your violation of the Terms of Use, or your violation of any rights of another person or entity.

GOVERNING LAW AND JURISDICTION.
 The Provider sites (excluding third party linked sites), Materials and Services are controlled by the Provider, from its offices within the State of California, United States of America. By accessing the Provider online assets, you and the Provider agree that these Terms of Agreement and all other matters relating to any such access or use shall be construed under and governed by the law of the State of California, but without regard to the conflicts-of-laws principles thereof. You and The company also agree and hereby submit to the sole and exclusive personal jurisdiction and venue of the Superior Court Department of the Trial Court for Santa Barbara, CA and the United States District Court for San Francisco, CA with respect to such matters. The company makes no representation that Materials or Services available are appropriate or available for use in other locations, and accessing them from territories where their contents are illegal is prohibited. Those who choose to access this Site from other locations do so on their own initiative and are responsible for compliance with local laws.

TRADEMARK INFORMATION.
 The trademarks, logos and service marks (“Marks”) displayed on JustClick.Earth and other sites of the Provider are the property of Julian Gresser and or the Company or other third parties. You are not permitted to use the Marks without the prior written consent of the Company or such third party, which may own the Marks. For a current list of the company’s Marks please refer to our copyright agent:

Copyright ©2023 Julian Gresser, Inc. All rights reserved.