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Disclaimer /
Privacy Statement
Clickpacifica.com IS COMMITTED TO PROTECTING THE PRIVACY OF THE
INFORMATION YOU PROVIDE TO US. THIS PRIVACY POLICY EXPLAINS DATA
COLLECTION AND DATA USE PRACTICES OF THE Clickpacifica.com SITE (THE
“SITE”); IT DOES NOT APPLY TO OTHER ONLINE OR OFFLINE
Clickpacifica.com. SITES, PRODUCTS OR SERVICES. BY ACCESSING THE
SITE, YOU ARE CONSENTING TO THE INFORMATION COLLECTION AND USE
PRACTICES DESCRIBED IN THIS PRIVACY STATEMENT.
COLLECTION OF YOUR PERSONAL INFORMATION
Clickpacifica.com will ask you when we need information that
identifies you (personal information) or allows us to contact you to
provide a service or bring about a transaction that you have
requested such as information regarding your transaction on the Site
or receiving information about Clickpacifica.com services. The
personal information that we collect may include your name, title,
company or organization name, work e-mail, work phone, work or home
address, information about your job function, and information about
your company. The Site may collect certain information about your
visit, such as the name of the Internet service provider (ISP) and
the Internet Protocol (IP) address through which you access the
Internet; the date and time you access the Site; the pages that you
access while at the Site and the Internet address of the Web site
from which you linked directly to our site. This information is used
to help improve the Site, analyze trends, and administer the Site.
In order to avoid your e-mail address or other personal information
from being gathered and used by others for inappropriate or harmful
purposes, Clickpacifica.com advises that you should be cautious
about posting a real e-mail address or other personal information to
newsgroups, chats, or other public forums.
USE OF YOUR PERSONAL INFORMATION
The personal information collected on this Site will be used to
operate the Site and to provide the service(s) or carry out the
transaction(s) that you have requested and/or authorized. In support
of these uses, Clickpacifica.com may use personal information to
provide you with more effective seller and/or bidder services, to
improve the Site and any related Clickpacifica.com services, and to
make the Site easier to use by eliminating the need for you to
repeatedly enter the same information or by customizing the Site to
your particular preference or interests.
In order to offer you a more consistent experience in your
interactions with Clickpacifica.com, information collected by
Clickpacifica.com may be combined with information collected by
other Clickpacifica.com services. Clickpacifica.com may use your
personal information to provide you with important information about
the service that you are using, including critical updates and
notifications. We merge site-visitation data with anonymous
demographic information for research purposes, and we may use this
information in aggregate to provide more relevant content. In some
limited-entry sections of Clickpacifica.com, with your approval, we
will combine site-visitation data with your personal information in
order to provide you with personalized content. If you decline
permission, we will not provide you the personalized service and
will not merge your personal information with site-visitation data.
When you register to access the Site, Clickpacifica.com may use
customized links or similar technologies to track e-mail links that
you click. Clickpacifica.com may associate that information with
your personal information in order to provide you more focused
Clickpacifica.com services.
Clickpacifica.com occasionally hires other companies to provide
limited services on our behalf. We will only provide those companies
the personal information they need to deliver the service. They are
required to maintain the confidentiality of the information and are
prohibited from using that information for any other purpose.
Clickpacifica.com may disclose personal information if required to
do so by law or in the good faith belief that such action is
necessary to (a) conform to the edicts of the law or comply with
legal process served on Clickpacifica.com; (b) protect and defend
the rights or property of Clickpacifica.com and our parent,
subsidiaries, affiliates, officers, directors, agents, and
employees; or (c) act in urgent circumstances to protect the
personal safety of Clickpacifica.com employees or agents, users of
Clickpacifica.com services, or members of the public. Personal
information collected on the Site is processed and stored in the
United States. Clickpacifica.com abides by the safe harbor framework
as set forth by the U.S. Department of Commerce regarding the
collection, use, and retention of data from the European Union.
CONTROL OF YOUR PERSONAL INFORMATION
Except as otherwise described in this statement, personal
information that you provide on the Site will not be shared outside
of Clickpacifica.com and its controlled subsidiaries and affiliates
without your permission. As described below in the next section, you
can access your personal information and make choices about how you
wish to be contacted. Please be aware that this privacy statement
and any choices you make on the Site will not necessarily apply to
personal information you may have provided to Clickpacifica.com in
the context of other, separately operated, Clickpacifica.com
services.
Clickpacifica.com may send out periodic e-mails informing you of
technical service or security issues related to our services that
you may have requested, or confirming a requested service. In some
services offered by Clickpacifica.com, contact with the seller
and/or bidder is an essential part of the service. You will not be
able to choose to unsubscribe to these mailings, as they are
considered an essential part of the service(s) you have chosen.
ACCESS TO YOUR PERSONAL INFORMATION
You can review and edit the personal information and contact
preferences you provided at this Site by contacting
Clickpacifica.com or the Site administrator.
SECURITY OF YOUR PERSONAL INFORMATION
Clickpacifica.com is committed to protecting the security of your
personal information. We use a variety of security technologies and
procedures to help protect your personal information from
unauthorized access, use, or disclosure. We store the personal
information that you provide to us, on limited access computer
servers that are located in controlled facilities.
USE OF COOKIES
Clickpacifica.com uses cookies on this Site to ensure the integrity
of the registration process and to personalize the Site. A cookie is
a small text file that is placed on your hard disk by a Web page
server. Cookies cannot be used to run programs or deliver viruses to
your computer. Cookies are uniquely assigned to you, and can only be
read by a Web server in the domain that issued the cookie to you.
One of the primary purposes of cookies is to provide a convenience
feature to save you time. For example, if you personalize a web
page, or navigate within a site, a cookie helps the site to recall
your specific information on subsequent visits. This simplifies the
process of delivering relevant content eases site navigation. When
you return to the Web site, the information you previously provided
can be retrieved, so you can easily use the site's features that you
customized.
Web beacons, also known as clear gif technology, or action tags, may
be used to assist in delivering the cookie on our site. This
technology is a tool we use to compile aggregated statistics about
Clickpacifica.com Web site usage, such as how many visitors clicked
on key elements on Clickpacifica.com. Clickpacifica.com may share
aggregated site statistics with partner companies, but do not allow
other companies to place clear gifs or cookies on our sites unless
there is a temporary, overriding seller and/or bidder value.
You have the ability to accept or decline cookies. Most Web browsers
automatically accept cookies, but you can usually modify your
browser setting to decline cookies if you prefer. If you choose to
decline cookies, you may not be able to fully experience the
interactive features of this or other Web sites you visit.
ENFORCEMENT OF THIS PRIVACY POLICY
If you have questions regarding this statement, you should contact
Clickpacifica.com or the Site administrator.
CHANGES TO THIS POLICY
Clickpacifica.com may occasionally update this privacy policy. For
material changes to this privacy policy, we will notify you either
by placing a prominent notice on the home page of our Web site or by
directly sending you a notification. We encourage you to
periodically review this privacy policy to stay informed about how
we are helping to protect the personal information we collect. Your
continued use of our services constitutes your agreement to this
privacy policy and any updates.
CONTACT INFORMATION
Clickpacifica.com welcomes your comments regarding this privacy
policy. If you believe that Clickpacifica.com has not adhered to
this privacy policy, please contact us at legal@Clickpacifica.com or
via postal mail at the address provided below, and we will use
commercially reasonable efforts to promptly determine and remedy the
problem.
Clickpacifica.com
Attention Legal Department
1301 A Palmetto Avenue
Pacifica CA, 94044
USER AGREEMENT
THE FOLLOWING USER AGREEMENT DESCRIBES THE TERMS AND CONDITIONS ON
WHICH Clickpacifica.com PRESENTS OUR VENUE AND OFFERS YOU ACCESS TO
OUR VENUE AND SERVICES.
USER AGREEMENT
This Agreement describes the terms and conditions pertinent to your
use of our venue and services available through Clickpacifica.com .
If you do not agree with the terms and conditions of this Agreement
and to be confined by and conform to the terms and conditions of
this Agreement, do not use our venue or access our services.
You must read, assent with and accept all of the terms and
conditions contained herein and the Privacy Policy, which include
those terms and conditions expressly set out below and those
incorporated by reference, before you may become a user of our venue
and/or services found at “Clickpacifica.com.”
We may amend this Agreement from time to time by posting the amended
terms on the Site. All amended terms shall automatically become
effective immediately after they are originally posted at
“Clickpacifica.com.” This Agreement is effective upon acceptance in
registration for new registering users, and is otherwise effective
on April 1, 2005 for all users.
1. Clickpacifica.com IS CONSIDERED AN ADVERTISING VENUE.
1.1 Clickpacifica.com IS NOT AN AUCTIONEER OR AN ASSOCIATE
AUCTIONEER. Although we refer to our venue and service as an online
auction, it is significant for us to note and for you to understand
that we are not a traditional "auctioneer" or “associate
auctioneer.” Instead, Clickpacifica.com provides services and acts
as a venue to allow banks, finance companies, leasing companies and
other credit grantors to offer and to sell, almost anything, in
which it holds a secured interest in, at the time of listing the
item on Clickpacifica.com . Our venue is based on the abstract
auction-style concept commonly referred to as an "online auction."
Our role in the transaction is limited to facilitation; we are
merely facilitators of the actual transaction in that, we provide a
venue for the seller and buyer to access each other and we assist
each side in the processing of the transaction. As a result, we have
no control over the quality, safety or legality of the items
advertised on the Clickpacifica.com, the truth or accuracy of the
listings, the ability of sellers to sell items or the ability of
buyers to pay for items. We do not ensure that a buyer or seller
will complete a sale or purchase. Accordingly, we do not and will
not transfer legal ownership of items from the seller to the buyer,
and nothing in this Agreement shall modify the governing provisions
of Tex. Bus. & Com. Com. Code § 2-401 and Uniform Com. Code § 2-401,
under which legal ownership of an item is transferred upon physical
delivery of the item to the buyer by the seller.
1.2 VENUE RELEASE. In the event that you have a dispute with one or
more users, you release Clickpacifica.com. and our officers,
directors, agents, parent, subsidiaries, joint ventures and
employees, from claims, demands and damages, of every kind and
nature, known and unknown, suspected and unsuspected, disclosed and
undisclosed, arising out of or in any way connected with such
disputes.
1.3 DATA CONTROL. We do not maintain and control the data provided
by other users that is made available through our services and on
our venue. You may find other user's data to be harmful, inaccurate,
or deceptive. We ask that all persons use caution and common sense
when accessing our venue and/or using our services. Please note that
there are also other risks and by accessing our venue and/or using
our services. By accessing Clickpacifica.com, you agree to accept
such risks and hold harmless Clickpacifica.com as not responsible
for the acts or omissions of persons or entities that access our
venue and/or use our services.
2. ELIGIBILITY.
Our venue and services are accessible to and may be used by, only
individuals or entities that can agree, form and consummate legally
binding contracts under applicable law. Without limitation to the
previous terms, our services are not available to persons or
entities that are not state licensed vehicles dealers. If you do not
meet the above-mentioned criteria, do not access our venue or
attempt to use our services. Further, your Clickpacifica.com account
and User ID may not be transferred, sold, or otherwise conveyed to
another party. If you are registering as a business entity, you
represent that you have the authority to bind the entity to this
Agreement.
3. FEES AND SERVICES.
When you sign-up and bid on items listed on Clickpacifica.com, you
have an opportunity to review and accept the fees that you will be
charged. We do not charge fees for listing items for sale through
Clickpacifica.com . We reserve the right to change our fees for
access to our venue and our services. Our changes to the policy are
effective immediately. We may, in our sole discretion, change any or
all of our venue or services offered, at any time. In the event that
a new service becomes offered, the fees for that new service are
effective immediately at the introduction of the service. All fees
are quoted in U.S. Dollars. You, as the user of our venue and/or
services, are responsible for paying all fees associated with using
our venue and/or our services and all applicable sales and use
taxes.
4. YOUR DATA.
4.1 DEFINITION. "Your data" is defined as any data that you provide
to other users in the registration, bidding or listing process, the
entire transaction, in any public message area or through any email
feature or us. You are solely responsible for "Your Data" and we act
as a passive venue for your online distribution and publication of
"Your Data".
4.2 RESTRICTED ACTIVITIES. "Your Data" (or any items listed) and
your activities on the Site shall not: (a) be false, inaccurate or
misleading; (b) be fraudulent or involve the sale of stolen items;
(c) infringe on any third party's proprietary rights or rights of
publicity or privacy; (d) violate any law, statute, ordinance or
regulation, including without limitation, those governing export
control, consumer protection, unfair competition, antidiscrimination
or false advertising); (e) be defamatory, trade libelous, unlawfully
threatening or unlawfully harassing; (f) contain any viruses, Trojan
horses, worms, time bombs, cancel bots, easter eggs or other
clandestine computer programming routines that may damage,
detrimentally interfere with, surreptitiously intercept or
expropriate any system, data or personal information; (h) create
liability for us or cause us to lose (in whole or in part) the
services of our ISPs or other suppliers; and (i) link directly or
indirectly to or include descriptions of goods or services that: (aa)
are prohibited under this Agreement; (bb) are identical to other
items you have up for auction but are priced lower than your item's
reserve or minimum bid amount; (cc) are concurrently listed for sale
on a web site other than Clickpacifica.com.
4.3 LICENSE. Solely to enable Clickpacifica.com to use the data that
you supply us with, so that we are not violating any rights you
might have in that data, you agree to grant us a non-exclusive,
worldwide, perpetual, irrevocable, royalty-free, sublicensable
(through multiple tiers) right to exercise the copyright, publicity,
and database rights (but no other rights) you have in Your Data, in
any media now known or not currently known, with respect to Your
Data. Clickpacifica.com will only use Your Data in accordance with
our Privacy Policy.
5. PRIVACY.
We do not currently sell or rent your personal data to third parties
for their marketing purposes without your explicit consent. We only
use your data as described in the Privacy Policy. We believe
protecting our user’s data is critical to the success of
Clickpacifica.com. We believe that you and your data are one of our
most meaningful assets. We process and store your data on computers
located in the United States that are protected by physical as well
as technological security devices. Our current Privacy Policy is
available Here. If you object to your Data being transferred or used
in this way please do not use our services.
6. LISTING.
6.1 LISTING DESCRIPTION. You must be legally able to sell the item(s)
you list for sale on the Site. There must be a description of your
item and all terms required for you to sell the item on the listing
page of the Site. Listings may only include text descriptions,
graphics, pictures and other content relevant to the terms and
conditions of your willingness to sell the item.
6.2 BINDING BIDS. If you receive at least one bid at or above your
reserve price, you are obligated as the seller to complete the
transaction with the highest bidder upon the completion of the
bidding process, except under exceptional circumstances,
including without limitation, when the bidder fails to meet the
terms and/or conditions of your listing.
6.3 DECEPTIVE MANIPULATION. Neither bidders nor sellers may
deceptively or otherwise, manipulate the price and description of
any item, nor may you interfere with other user's listings or
transactions.
6.4 FRAUD. Without limiting any other remedies, Clickpacifica.com
may suspend or terminate your account if we suspect that you (by
conviction, settlement, insurance or escrow investigation, or
otherwise) have engaged in fraudulent activity in connection with
the Site.
7. BIDDING.
Unless the transaction is prohibited by law or this Agreement, by
accessing our venue and/or using our services, you as a buyer, are
obligated to consummate the pending sale with the seller when you
are the highest bidder, upon expiration of the auction time
constraints, including any extensions thereof as described herein
or, if your bid is accepted by the seller, regardless of whether or
not the posted reserve has been met.
By bidding on an item you, agree to the seller’s terms and
conditions of the sale included in the description listed on
Clickpacifica.com, so long as those terms and conditions of sale do
not violate the terms and conditions of this Agreement or are
considered unlawful. Unless you and the seller reach an alternative
arbitrary agreement, you will become the lawful owner of the item
that you placed a bid, upon physical receipt of the item from the
seller, in accordance with Tex. Bus. & Com. Code § 2-401 and Uniform
Com. Code § 2-401.
When bidding on an item advertised on Clickpacifica.com, it is
important for you to know that each item has a PRIMARY sale ending
DATE and TIME. The opportunity to bid on a particular item will NOT
terminate on the PRIMARY sale ending date and time, UNTIL ALL
BIDDING ACTIVITY HAS CEASED for thirty (30) minutes.
EXAMPLE: If an item has a PRIMARY sale ending date and time of
1/15/04, at 4:00 p.m., and a high bid is submitted and received on
1/15/04, at 3:29 p.m., the sale ending clock on that item WILL
AUTOMATICALLY RESET FOR AN ADDITIONAL THIRTY (30) MINUTES from 3:29
p.m., allowing previous bidders the opportunity make another bid.
THIS PROCESS WILL CONTINUE UNTIL NO FURTHER BID IS RECEIVED WITHIN
ANY EXTENDED PERIOD.
Bids will not be considered retractable except in unusual
situations, including without limitation, when the entity listing
the item materially changes the item's description after you bid; a
clear typographical error is made; or you cannot authenticate the
identity of the entity listing the item.
8. ACCESS AND INTERFERENCE.
The Site contains robot exclusion headers. Much of the data on the
Site is updated on a real time basis and is proprietary or is
licensed to Clickpacifica.com by our users or third parties. You
agree that you will not use any robot, scraper, spider or other
automated means to access the Site for any purpose without our
express written permission. Additionally, you agree that you will
not: (i) copy, reproduce, modify, create derivative works from,
distribute or publicly display any content (except for Your
Information) from the Site without the prior expressed written
permission of Clickpacifica.com and the appropriate third party, as
applicable; (ii) take any action that imposes, or may impose in our
sole discretion an unreasonable or disproportionately large load on
our infrastructure; (iii) bypass our robot exclusion headers or
other measures we may use to prevent or restrict access to the Site;
or (iv) otherwise interfere or attempt to interfere with the proper
working of the Site or any activities conducted on the Site.
9. BREACH.
Without eliminating the use of other remedies, we may limit your
activity, immediately remove your bids or item listings, warn our
community of your actions, issue a warning, temporarily suspend,
indefinitely suspend or terminate your user rights and refuse to
provide our services to you if: (a) we believe that your actions may
cause financial loss or legal liability for you, our users or us;
(b) we are unable to verify or authenticate any data that you
provide to us; or (c) you breach this Agreement or the documents it
incorporates by reference.
10. NO WARRANTY.
WE, OUR PARENT, SUBSIDIARIES, OFFICERS, DIRECTORS, EMPLOYEES AND OUR
SUPPLIERS PROVIDE OUR WEB SITE AND SERVICES "AS IS" AND WITHOUT ANY
WARRANTY OR CONDITION, EXPRESS, IMPLIED OR STATUTORY. ALL ITEMS ARE
BEING OFFERED FOR SALE AND SHALL BE SOLD “AS IS” “WHERE IS” “WITH
ALL FAULTS AND DEFECTS.” NEITHER Clickpacifica.com, OR THE LEGAL
OWNER / LIEN HOLDER MAKE ANY GUARANTEES OR WARRANTIES, EITHER
EXPRESS OR IMPLIED, AS TO THE MECHANICAL INTEGRITY, CONDITION,
MERCHANTABILITY, OR FITNESS FOR ANY PARTICULAR PURPOSE OF THE ITEM
OR ITEMS BEING SOLD OR OFFERED FOR SALE. Clickpacifica.com, AND THE
LEGAL OWNER/LIEN HOLDER EXPRESSLY DISCLAIM ANY AND ALL WARRANTIES OR
GUARANTEES AS PERTAINING TO THE ITEMS BEING SOLD OR OFFERED FOR
SALE. OUR PARENT SUBSIDIARIES OFFICERS DIRECTORS EMPLOYEES OUR
SUPPLIERS AND WE SPECIFICALLY DISCLAIM ANY IMPLIED WARRANTIES OF
TITLE, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND
NON-INFRINGEMENT. Some states do not allow the disclaimer of implied
warranties, so the foregoing disclaimer may not apply to you. This
warranty gives you specific legal rights and you may also have other
legal rights that vary from state to state.
11. LIABILITY LIMIT.
IN NO EVENT SHALL WE, OUR PARENT, SUBSIDIARIES, OFFICERS, DIRECTORS,
EMPLOYEES OR OUR SUPPLIERS BE LIABLE FOR LOST PROFITS OR ANY
SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES ARISING OUT OF OR IN
CONNECTION WITH OUR SITE, OUR SERVICES, THE PRODUCTS LISTED ON THE
SITE OR THIS AGREEMENT HOWEVER ARISING, INCLUDING NEGLIGENCE.
OUR LIABILITY AND THE LIABILITY OF OUR PARENT, SUBSIDIARIES,
OFFICERS, DIRECTORS, EMPLOYEES, AND SUPPLIERS, TO YOU OR ANY THIRD
PARTIES IN ANY CIRCUMSTANCE IS LIMITED TO THE GREATER OF (A) THE
AMOUNT OF FEES YOU PAY TO US DURING THE FACILITATION OF THE
TRANSACTION GIVING RISE TO LIABILITY, AND (B) $50. Some States do
not allow the exclusion or limitation of incidental or consequential
damages, so the above limitation or exclusion may not apply to you.
12. INDEMNITY.
You agree to indemnify and hold harmless, Clickpacifica.com and our
parent, subsidiaries, affiliates, officers, directors, agents, and
employees, from any claim or demand, including reasonable attorneys'
fees, made by any third party due to or arising out of any
inadvertent misrepresentation or negligence, by this Site, regarding
the presentation of the item(s) listed on Clickpacifica.com, your
breach of this Agreement or the documents it incorporates by
reference, or your violation of any law or the rights of a third
party.
13. LEGAL COMPLIANCE.
You shall comply with all applicable domestic and international
laws, statutes, ordinances and regulations regarding your use of our
venue and/or service and your bidding on, listing, purchase,
solicitation of offers to purchase, and sale of items.
14. NO AGENCY.
You and Clickpacifica.com are independent contractors, and no
agency, partnership, joint venture, employee-employer or
franchiser-franchisee relationship is intended or created by this
Agreement.
15. NOTICES.
Except as explicitly stated otherwise, any notices shall be given by
postal mail to Clickpacifica.com Attn: Legal Department 1301 A
Palmetto Avenue, Pacifica, CA 94044 or to the address and/or the email
address you provide to Clickpacifica.com during the registration
process (in your case). Notice shall be deemed given 24 hours after
mail is sent, unless the sending party is notified that the email
address is invalid. Alternatively, we may give you notice by
certified mail, postage prepaid and return receipt requested, to the
address provided to Clickpacifica.com during the registration
process. In such case, notice shall be deemed given 3 days after the
date of mailing.
16. RESOLUTION OF DISPUTES. In the event a dispute arises between
you and Clickpacifica.com, our goal is to provide you with a neutral
and cost effective means of resolving the dispute quickly.
Accordingly, you and Clickpacifica.com agree that any claim or
controversy at law or equity that arises out of this Agreement or
our services ("Claims") shall be resolved in accordance with one of
the subsections below or as otherwise mutually agreed upon in
writing by the parties.
16.1 BINDING ARBITRATION. For any Claim (excluding Claims for
injunctive or other equitable relief) where the total amount of the
award sought is less than $20,000, you or Clickpacifica.com may
elect to resolve the dispute through binding arbitration conducted
by telephone, on-line and/or based solely upon written submissions
where no in-person appearance is required. In such cases, the
arbitration shall be administered by the American Arbitration
Association in accordance with their applicable rules, or any other
established ADR provider mutually agreed upon by the parties. Any
judgment on the award rendered by the arbitrator may be entered in
any court having jurisdiction thereof.
16.2 ALTERNATIVE DISPUTE RESOLUTION. Alternatively,
Clickpacifica.com will consider use of other alternative forms of
dispute resolution, such as binding arbitration to be held in a
venue of Clickpacifica.com's choosing.
16.3 COURT. Alternatively, any Claim may be adjudicated by a court
of competent jurisdiction located in Pacifica, CA. You
and Clickpacifica.com agree to submit to the personal jurisdiction
of the courts located within the county of San Mateo, CA.
17. ADDITIONAL TERMS.
The Privacy Policy is incorporated into this Agreement by reference
and provides additional terms and conditions related to specific
services offered on the Site. All policies may be changed from time
to time and are effective immediately after we post the changes on
the Site. In addition, when using particular services on the Site,
you agree that you are subject to any posted policies or rules
applicable to services you use through the Site, which may be posted
from time to time. All such posted policies or rules are hereby
incorporated by reference into this Agreement.
18. GENERAL.
This Agreement shall be governed in all respects by the laws of the
State of California as such laws are applied to agreements
entered into and to be performed entirely within California between
California residents. We do not guarantee continuous,
uninterrupted or secure access to our services, and operation of the
Site may be interfered with by numerous factors outside of our
control. If any provision of this Agreement is held to be invalid or
unenforceable, such provision shall be struck and the remaining
provisions shall be enforced. You agree that this Agreement and all
incorporated agreements may be automatically assigned by Clickpacifica.com in accordance with Section 15 "Notices", in our
sole discretion. Headings are for reference purposes only and in no
way define, limit, construe or describe the scope or extent of such
section. Our failure to act with respect to a breach by you or
others does not waive our right to act with respect to subsequent or
similar breaches. This Agreement sets forth the entire understanding
and agreement between us with respect to the subject matter hereof.
Sections 3 (Fees and Services) with respect to fees owed for our
services, 1.2 (Release), 4.3 (License), 8 (Access and Interference),
11 (Liability Limit), 12 (Indemnity) and 16 (Resolution of Disputes)
shall survive any termination or expiration of this Agreement.
19. DISCLOSURES.
The services hereunder are offered by Clickpacifica.com, located at
1301 A Palmetto Avenue Pacifica, CA 94044. Disputes between
you and Clickpacifica.com regarding our services may be reported to
our General Counsel at legal@Clickpacifica.com. We encourage you to
report all user-to-user disputes to your local law enforcement,
postmaster general, or a certified mediation or arbitration entity.
20. WEBMASTER.
The sole interest of the webmaster of this site clickpacifica.com
has no other affiliation with Clickpacifica.com except to build,
maintain and update the site. Clickpacifica.com holds
clickpacifica.com harmless from any action against
Clickpacifica.com. Clickpacifica.com will keep within the terms and
agreement Clickpacifica.com has made and keep confidential any and
all information associated with Clickpacifica.com or said clients
and listers of Clickpacifica.com. At no time will Clickpacifica.com
expect Clickpacifica.com to defend itself against any actions
forthwith. Clickpacifica.com will not make any changes no matter
the requester without the authorized consent of Clickpacifica.com
therefore Clickpacifica.com is free of any liens and claims made
against this Corporation and it's subsidiaries.
21. ADVERTISING SERVICES ON Clickpacifica.com.
Professionals placing an advertisement on Clickpacifica.com agree
that once their ad is placed on Clickpacifica.com the transaction is
final. No refunds or credits can be issued unless a mistake is found
made by Clickpacifica.com itself. In this instance the correction
will be made immediately and the ad placed back on the site.
Advertisers on the site promise to comply with all laws in dealing
with anyone affiliated with Clickpacifica.com.
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