This document establishes a legally binding agreement with regards to the utilization of the CiviClick platform. Usage of CiviClick is conditioned upon acknowledgement of these specific terms. Your access and usage of the platform is held in accordance with our Privacy Policy and other agreements between you and CiviClick, as well as any applicable third parties.
By using CiviClick, you automatically consent to all Terms and Conditions. You accept that CiviClick may modify the Terms, privacy policy, and other conditions at any time in its sole discretion. This Agreement will remain in effect for as long as you utilize or otherwise access the CiviClick platform.
Breaching these Terms and Conditions may result in the discontinuation of your access to the CiviClick platform and your account access. These Terms and Conditions are universally applicable to all users of the platform whether they are paid users, third-parties, or free trial accounts.
Compliance
You are allowed to send out bulk emails and texts, but are not allowed to employ any unsolicited communications which may be referred to as ‘spam’. Recipients of communications sent from the CiviClick platform must explicitly consent to receiving such messages. You are expected to comply with the CAN-SPAM (Controlling the Assault of Non-Solicited Pornography and Marketing Act) and TCPA (Telephone Consumer Protection Act) and CCPA (California Consumer Protection Act) laws.
CiviClick reserves the right to suspend or terminate your ability to use the email and text messaging features of the platform at any time if your account is flagged for spam or if we detect an excessive amount of messaging that could potentially be in breach of our policies, or could become a problem for you, us, or other users of the Service. Clients may be given a single warning for spam violations. However, repeat spam violations will result in suspension of service without a refund.
Integrations
Although the use and integration of third-party platforms, messaging, and hosting is allowed by CiviClick; we are not accountable for any terms, expenses, features, or dealings with third-parties. The integrations available with such third parties may alter, yet may contain features like schedules and scheduling, messaging, web hosting, geolocation services, payment handling, media streams, financial statements, external logins, social media posts, ad networks, and other matters related to this Service. By making use of the Service, you accept the addition of CiviClick and the networks with these third-parties, and are willing to trust the transfer and sharing of data and software links with each provider. Likewise, by activating any of CiviClick’s available integrations with third-party apps; you assume the risk of any liability arising from the malfunctioning of a third-party application, for which CiviClick has no control.
Lawful Use
The Service is meant to be used for lawful purposes only. Posting, transmitting, promoting, distributing, storing or using the Service or other content in any manner which may create legal issues for yourself or CiviClick is strictly prohibited. Please abide by all local, state, federal and international laws when using this Service, including those pertaining to the lawful sending of electronic mail.
Engaging in any illicit activities through advertising or endorsement is prohibited; furnishing any false data in an effort to secure, or make an effort to acquire, private details or any other user information and/or conveying materials that could be considered as slanderous, injurious, or a danger to another person’s well-being is prohibited.
Monitoring
CiviClick reserves the right to screen the content on www.civiclick.com and app.civiclick.com and has the discretion to delete any material acknowledged as inconsistent with our Privacy Policy, Terms and Conditions, in order to avoid exposing CiviClick to unreasonable liability from third parties.
Copyright
This Service, which features text, visuals, clips and sound, is protected by United States copyright law and other relevant regulations as a unified creation or compilation. All additional copyright regulations and requirements provided here must be strictly observed.
You are not authorized to reproduce, disperse, show, modify, develop derivative works, transmit, or any other way exploit any part of this service, except downloading content from this service for your own individual, non-business purpose: You may make one machine readable duplicate and/or one print duplicate that is bound to accidental messages of individual interest only. You are allowed to forward, email, post or pass on messages conveyed through CiviClick, as long as such use is in line with CiviClick’s purpose and meant to increase the number of messages sent to government officials.
It is not permissible to broadcast, share, or transfer any part of this service via any type of computer network, such as a LAN. Exchanging or offering to purchase these files is also prohibited. Furthermore, constructing any kind of database using these files is strictly prohibited.
License to CiviClick
During the term of your subscription agreement, you agree to grant CiviClick a non-exclusive, world-wide, royalty-free license to reproduce, distribute, and otherwise use the following in our marketing materials: your name; the name of any organization related to your Account; your trademarks, service marks, and other indicia of ownership; and e-mails, web pages, and other communications stored, generated, or transmitted by the Service (collectively, “Licensed Information”). This grant includes reproductions, distributions, and uses of Licensed Information in print and electronic forms, as well as making Licensed Information available on the Internet for viewing or downloading but does not include the right for Muster to reproduce, distribute, or otherwise use your Lists except as provided by these Terms. You retain such ownership interests in Licensed Information, subject to this license, as you would otherwise hold.
Limitation of Liability
CiviClick provides content and services that are offered “as is” with no warranties, conditions, guarantees, representations, or terms of any kind (express or implied, by statute, common law, custom, usage, etc) in regard to the content and services. Further, CiviClick, and its affiliates are not responsible for any sort of loss, damages, claims, or costs – such as direct, special, indirect, consequential, or incidental damages, lost profits or savings, business interruption, or personal injury – regardless if CiviClick had been apprised of the likelihood of such losses.
Indemnification
You agree to indemnify CiviClick and any its contractors, agents, employees, officers, directors, shareholders, and affiliates against any losses, liabilities, damages, expenses, and costs, including reasonable attorney fees, resulting from any claim or demand by third parties arising out of or related to any negligent or otherwise wrongful act committed by you or on your behalf, including breach of these Terms and Conditions, and any violation of laws or regulations related to your use of the Service.
CiviClick will indemnify you for any losses, damages, or costs, including reasonable attorney fees, resulting from any claim or demand by third parties arising out of or related to any negligent or otherwise wrongful performance of these Terms by CiviClick.
The party seeking indemnification shall (a) notify the indemnifying party in writing of any claim or demand for which it seeks indemnification (“Claim”), within 30 days of its knowledge of the Claim; (b) give the indemnifying party all opportunity and authority to defend, settle, or defend the Claim; (c) provide the indemnifying party all reasonably requested assistance related to the Claim, at the indemnifying party’s expense. If the indemnifying party settles a Claim, such settlement shall not impose any obligation, limitation, admission, or liability on the indemnified party without the indemnified party’s prior written consent.
Waiver of Damages
In keeping with applicable laws and regulations, CiviClick and their directors, officers, employees, representatives, associates, suppliers, service providers and licensors cannot be held accountable for any injury, losses, or claims, both direct and indirect. This includes, but is not limited to, any economic losses or damages, data corruption, replacement costs or any similar predicament, from the use of the Service. This is regardless of the claim being based on a contract, negligence, strict liability or any other basis. This covers any mistakes or omissions in any content, product listing, data exposure or any other loss generated by using the Service, even if they were warned of the potential consequences. Our maximum liability for any claim relating to or arising out of your use of the Service is equal to the fees paid by you to us for the one (1) year before any claim arose. These limitations apply even if you have advised us of the possibility of such damages.
Cancellation
Your signed service agreement governs the length of your subscription period with CiviClick, and cannot be terminated or annulled. Your agreement, however, may be terminated by us, due to your failure to abide by our Terms and Conditions. After canceling your subscription with us, all access to the Service will be completely blocked and any scheduled messages, campaigns, or other activities that would have been performed by CiviClick will no longer be operational. Also, any actions submitted through our system will not be delivered to the intended recipient once your subscription period is over.
Auto-Renewal
At the expiration of the initial term, this Agreement shall continue in perpetuity from year to year under its existing terms and conditions at a rate increase of no more than 5% of the cost of your prior subscription period, unless and until, a party hereto gives notice to the other of no less than 30 days expressing its desire to terminate the existing service agreement.
Notices
All notices to you described in these Terms and Conditions will be deemed effective upon your use of the CiviClick app by accessing our Products and/or Services on www.civiclick.com or app.civiclick.com. These Terms will remain in effect in perpetuity.
Entire Agreement
This Agreement fully governs the relationship between you and CiviClick as it pertains to your use of the Service. No earlier arrangements, deals, or dialogues pertaining to your use of the Service and/or the content of this document applies.
Severability
If any part or parts of these Terms and Conditions are found by a court to be invalid or unenforceable, the remaining parts will continue to be valid and enforceable. A court may reform any provision deemed invalid or unenforceable in order to affect these Terms’s expressed intentions.
Jurisdiction and Choice of Law and Venue
Any legal action or proceeding between you and us arising out of, or relating to, these Terms or CiviClick must be resolved while being brought exclusively in a court of competent jurisdiction in the District of Columbia. Any claim being asserted is going to be governed by the laws of the District of Columbia, without due regard for conflicting laws. By agreeing to these terms, you are agreeing to subject yourself to the personal jurisdiction of the courts in the District of Columbia for the sake of settling all potential claims.
Agreement to Mediation and/or Arbitration
If a dispute arises from or relates to this contract or the breach thereof, and if the dispute cannot be settled through direct discussions, the parties agree to endeavor first to settle the dispute by mediation administered by the American Arbitration Association under its Commercial Mediation Procedures before resorting to arbitration. The parties further agree that any unresolved controversy or claim arising out of or relating to this contract, or breach thereof, shall be settled by arbitration administered by the American Arbitration Association in accordance with its Commercial Arbitration Rules and judgment on the award rendered by the arbitrator(s) may be entered in any court having jurisdiction thereof.
Transferability
The parties agree that these Terms constitute their full deal concerning CiviClick, replacing any other agreements of the past. In the event some aspect of the Terms proves invalid or unenforceable, the remaining part of the agreement shall remain valid and applicable. Postponing or not enforcing any provisions will not imply a waiver. CiviClick reserves the right to transfer its rights and obligations to any other entity. Should a part of the Terms be recognized as not following law, as much of them as allowed by law will be put into practice. Either party’s statements, representations or promises should not be taken into consideration when coming to terms with these Terms. It is prohibited to transfer rights or obligations under the Terms to another individual or entity unless CiviClick authorizes it. These terms will not prevent us from complying with the law. No third parties have direct rights coming from these Terms.
Branding of CiviClick
CiviClick has permission to add their brand information such as a logo, a tagline or hyperlink to the end of website materials, emails and other mediums used in relation to the Service. This could be a brief note highlighting the fact CiviClick provides this Service (e.g. “Powered by CiviClick”) or a logo.
Technical Support
CiviClick provides complimentary technical support over the telephone and by email for inquiries during regular business hours of 9:00 a.m. to 6:00 p.m. Eastern Standard Time, Monday through Friday, except during any U.S. Federal Holiday. Upgraded support (including emergency after hours support) may be available at an additional cost.
Customers will be given access to product updates to CiviClick during the Subscription Term. You acknowledge, however, that CiviClick may in the future offer optional value-added functions, features, or other capabilities, which may or may not come with added fees.
CiviClick retains the authority to temporarily suspend service for necessary purposes like organized maintenance and unforeseen emergencies. CiviClick will make every effort to complete pre-planned maintenance outside of regular business hours. CiviClick’s standard Service Level Agreement maintains that Clients will have uninterrupted access to CiviClick during 96.4% of the time, during a 24-hour day. However, any losses or expenses customers may incur from unavailability of the CiviClick platform, during regular or unscheduled maintenance, shall not be the fault of CiviClick.
Additional Information
For any questions or requests related to these Terms and Conditions, please contact CiviClick at [email protected] or mail us at:
CiviClick, Inc.
1629 K Street NW, Suite 300
Washington, DC 20006