THESE TERMS CONTAIN DISCLAIMERS OF WARRANTIES AND LIMITATIONS OF LIABILITIES INCLUDING ARBITRATION AND CLASS ACTION WAIVER PROVISIONS THAT WAIVE YOUR RIGHT TO A COURT HEARING, RIGHT TO A JURY TRIAL, AND RIGHT TO PARTICIPATE IN A CLASS ACTION (SEE SECTIONS 11, 17, 18, AND 19). ARBITRATION IS MANDATORY AND IS THE EXCLUSIVE REMEDY FOR ANY AND ALL DISPUTES UNLESS SPECIFIED BELOW IN SECTION 19. THESE TERMS FORM AN ESSENTIAL BASIS OF OUR AGREEMENT.

 

The use of www.clickfunnels.com or other sites to which these Terms are linked (each, a “Website”), owned and maintained by Etison LLC d/b/a ClickFunnels (“ClickFunnels,” “we,” “our,” “us”), are governed by these Terms. We offer the Website, including all information, tools, and services available from the Website to you, the user, conditioned upon your acceptance of all terms and conditions stated herein. By accessing, using, subscribing, or placing an order over the Website, you and your business (including any sub users you may have) agree to the terms and conditions set forth herein. If you do not agree to these Terms in their entirety, you are not authorized to use the Website in any manner or form whatsoever.  

THIS IS A BINDING AGREEMENT. THESE TERMS TOGETHER WITH OUR PRIVACY STATEMENT AND DATA PROCESSING ADDENDUM FORM A LEGALLY BINDING AGREEMENT (THE “AGREEMENT”) BETWEEN YOU AND YOUR BUSINESS (“YOU”) AND CLICKFUNNELS. THIS AGREEMENT GOVERNS YOUR ACCESS TO AND USE OF THE WEBSITE AND THE SERVICES PROVIDED BY CLICKFUNNELS, ANY ORDER YOU PLACE THROUGH THE WEBSITE, BY TELEPHONE, OR OTHER ACCEPTED METHOD OF PURCHASE AND, AS APPLICABLE, YOUR USE OR ATTEMPTED USE OF THE PRODUCTS OR SERVICES OFFERED ON OR AVAILABLE THROUGH THE WEBSITE. PLEASE PRINT AND RETAIN A COPY OF THIS AGREEMENT FOR YOUR RECORDS.

NAVIGATING THROUGH THESE TERMS

You can use the links below to navigate to areas of these Terms that apply specifically to you, or which may otherwise be of interest:

WEBSITE USE

WEBSITE USER CONDUCT AND RESTRICTIONS-LICENSE TERMS

OUR PRIVACY STATEMENT AND DATA PROCESSING ADDENDUM AND YOUR PERSONAL INFORMATION

INFORMATION YOU PROVIDE; REGISTRATION; PASSWORDS; PROHIBITION AGAINST HOSTING THIRD-PARTY AGENCY ACCOUNTS

ORDER PLACEMENT AND ACCEPTANCE

REFUNDS FOR HARD GOODS

TRIAL OFFER, AUTOMATIC ENROLLMENT AND PAYMENT, AND CANCELLATION

SUBSCRIPTION TERMS AND AUTOMATIC PAYMENT

SHIPPING FEES

PRODUCTS, SERVICES, AND PRICES AVAILABLE ON THE WEBSITE

DISCLAIMER - YOUR BUSINESS’ INDIVIDUAL RESULTS WILL VARY

YOUR RESPONSIBILITIES IN RUNNING YOUR BUSINESS

OPTIONAL ORDER “ROUND UPS” FOR CHARITABLE DONATIONS AND POTENTIAL TAX IMPLICATIONS

COMMISSION PROGRAM AND INDEPENDENT CLICKFUNNELS AFFILIATE PROGRAM

TESTIMONIALS, REVIEWS, AND PICTURES/VIDEOS

COMPLIANCE WITH THE LAW, INCLUDING COMMITMENT AGAINST HARASSMENT AND INTERFERENCE WITH OTHERS

DISCLAIMERS OF OTHER WARRANTIES

LIMITATIONS OF LIABILITIES

DISPUTE RESOLUTION BY MANDATORY BINDING ARBITRATION AND CLASS ACTION WAIVER

CLICKFUNNELS’ ADDITIONAL REMEDIES

INDEMNIFICATION

NOTICE AND TAKEDOWN PROCEDURES; COPYRIGHT AGENT

THIRD-PARTY LINKS

TERMINATION

NO WAIVER

GOVERNING LAW AND VENUE

FORCE MAJEURE

ASSIGNMENT

ELECTRONIC SIGNATURE

CHANGES TO THE AGREEMENT

YOUR ADDITIONAL REPRESENTATIONS AND WARRANTIES

SEVERABILITY

ENTIRE AGREEMENT 

CONTACTING US

SECTION 1 – WEBSITE USE

The Website is intended for businesses operated by adults. If you use the Website, you are affirming that you are at least 18 years old or the legal age of majority in your state or province of residence (whichever is greater), operate a business, have the legal capacity to enter into a binding contract with us, and have read this Agreement and understand and agree to its terms.

We recognize in certain instances, the Website may be accessed by youth under the age of 18. In these instances, by accessing the Website, you are affirming that your parent or guardian, of at least 18 years old, has given requisite verifiable consent for you to do so and that they agree to these terms on your behalf.

SECTION 2 – WEBSITE USER CONDUCT AND RESTRICTIONS - LICENSE TERMS

All aspects of our Website are protected by U.S. and international copyright, trademark, and other intellectual property laws, including all content, information, design elements, text material, logos, taglines, metatags, hashtags, photographic images, testimonials, personal stories, icons, video and audio clips, and downloads. No material on the Website may be copied, reproduced, distributed, republished, uploaded, displayed, posted, or transmitted in any way whatsoever. The ClickFunnels trademark and logo are proprietary marks of ClickFunnels, and the use of those marks is strictly prohibited. Nothing herein gives you the right to use, copy, register as a domain name, reproduce, or otherwise display any logo, tagline, trademark, trade name, copyrighted material, patent, trade dress, trade secret, or confidential information owned by ClickFunnels.

 

Subject to your continued strict compliance with these Terms, ClickFunnels provides to you a revocable, limited, non-exclusive, royalty-free, non-sublicensable, non-transferable license to use the Website. You acknowledge and agree that you do not acquire any ownership rights in any material protected by intellectual property laws. 

If you purchase a subscription to ClickFunnels software over the Website, ClickFunnels provides to you a revocable, limited, non-exclusive, non-sublicensable, non-transferable license to use the software. You acknowledge and agree that: (1) the software is copyrighted material under United States and international copyright laws that is exclusively owned by ClickFunnels; (2) you do not acquire any ownership rights in the software; (3) you may not modify, publish, transmit, participate in the transfer or sale, or create derivative works from the content of the software; (4) except as otherwise expressly permitted under copyright law, you may not copy, redistribute, publish, display or commercially exploit any material from the software without the express written permission of ClickFunnels; and (5) in the event of any permitted copying (e.g., from the Website to your computer system), no changes in or deletion of author attribution, trademark, legend or copyright notice shall be made. If you choose to purchase the use of an image from Shutterstock through the ClickFunnels platform, you will be given a limited, non-exclusive, non-sublicensable, non-transferable license by Shutterstock to use those image(s) such that you can re-use said image(s) solely on the associated ClickFunnels account related to said purchase, and only as long as you do not breach these Terms or that of Shutterstock. Images cannot be used in a shared funnel, downloaded outside of the ClickFunnels platform or used within any other ClickFunnels account. To the extent you breach any of the terms referenced herein, your rights will be immediately terminated without notice.

You agree not to use or attempt to use the Website or any software provided by ClickFunnels, whether alone, or in conjunction with other software or hardware, in any unlawful manner or a manner harmful to ClickFunnels. You further agree not to commit any harmful or unlawful act or attempt to commit any harmful or unlawful act on or through the Website or through use of any software or hardware including, but not limited to, refraining from: 

HARMFUL OR PROHIBITED ACTS. Any dishonest or unethical business practice; any violation of the law; infliction of harm to ClickFunnels’ reputation; hacking and other digital or physical attacks on the Website; scraping, crawling, downloading, screen-grabbing, or otherwise copying content on the Website and/or transmitting it in any way we haven’t specifically permitted; introducing, transmitting, or storing viruses or other malicious code; interfering with the security or operation of the Website; framing or mirroring the Website; creating, benchmarking, or gathering intelligence for a competitive offering; infringing another party’s intellectual property rights, including failing to obtain permission to upload/transfer/display works of authorship; intercepting or expropriating data; deceptive manipulation of media; and the violation of the rights of ClickFunnels or any third party;

“SPAMMING” AND UNSOLICITED COMMUNICATIONS. We have zero tolerance for spam and unsolicited communications. Any communications sent or authorized by you reasonably deemed “spamming,” or any other unsolicited solicitations (including without limitation postings on social media or third party blogs) will be deemed a material threat to ClickFunnels’ reputation and to the rights of third parties. It is your obligation, exclusively, to ensure that all business communications comply with state and local anti-spamming or analogous laws.

OFFENSIVE COMMUNICATIONS. Any communication sent, posted, or authorized by you, including without limitation postings on any website operated by you, or social media or blog, which are: sexually explicit, obscene, vulgar, or pornographic; offensive, profane, hateful, threatening, harmful, inciting, defamatory, libelous, harassing, or discriminatory; misleading, false, or misinforming; graphically violent; or solicitous of unlawful behavior. 

SENSITIVE INFORMATION. You will not import, or incorporate into, any contact lists or other content you upload to any website, software, or other electronic service hosted, provided by or connected to ClickFunnels, any of the following information: social security numbers, national insurance numbers, credit card data, passwords, security credentials, bank account numbers, or sensitive personal, health or financial information of any kind.

 ILLEGAL BUSINESS ACTIVITY. Any promotion of illegal business activity, including without limitation multi-level marketing (except in compliance with the FTC’s Business Guidance Concerning Multi-Level Marketing, promoting the sale or use of illegal drugs (including but not limited to Marijuana-derived CBD Oil); or infringing or promoting the infringement of the intellectual property rights of another.

In addition to the foregoing, ClickFunnels requires you to follow these best practices when sending electronic communications:

 Use only permission-based marketing electronic communications lists (i.e., lists in which each recipient affirmatively opted-in to receiving those electronic communications).

Always include a working “unsubscribe” mechanism in each marketing electronic communication that allows the recipient to opt out from your mailing list (receipt/transactional messages that are exempt from “unsubscribe” requirements of applicable law are exempt from this requirement).

Comply with all requests from recipients to be removed from your mailing list within the earlier of ten (10) days of receipt of the request, or the deadline under applicable law.

Maintain, publish, and comply with a privacy policy that meets all applicable legal requirements, whether or not you control the sending of the electronic communications.

Include in each electronic communication a link to your then-current privacy policy applicable to that electronic communication.

Include in each electronic communication your valid physical mailing address or a link to that information.

Do not send electronic communications to addresses obtained from purchased or rented lists.

Do not use third party electronic addresses, domain names, or mail servers without proper permission from the third party.

Do not routinely send electronic communications to non-specific addresses (e.g., webmaster@domain.com or info@domain.com).

Do not engage in spamming.

Do not disguise the origin, or subject matter of, any electronic communications or falsify or manipulate the originating message address, subject line, header, or transmission path information for any electronic communication.

Do not send offers to obtain or attempt to obtain personal information, or generate leads, for third parties.

Do not send “chain letters,” “pyramid schemes,” or other types of electronic messages that encourage the recipient to forward the content to strangers.

Do not send to lists of addresses that are programmatically generated or scraped from the Internet.

Do not employ sending practices, or have overall message delivery rates, which may cause harm to our services or other users of our services.

Do not send messages that may be considered junk mail. Some examples of these types of messages include, but are not limited to, messaging related to penny stocks, gambling, multi-level marketing (except in compliance with the FTC’s Business Guidance Concerning Multi-Level Marketing), direct to consumer pharmaceutical sales, and payday loans.

You further agree to conduct yourself and all of your businesses in full compliance with all applicable laws, whether through the use of ClickFunnels or otherwise.

SECTION 3 – OUR PRIVACY STATEMENT AND DATA PROCESSING ADDENDUM AND YOUR PERSONAL INFORMATION

We respect your privacy and the use and protection of your non-public, personal information. Your submission of personal information through the Website is governed by our Privacy Statement and, if you and/or your end users are located in the European Union, United Kingdom, Brazil, or California (USA), our Data Processing Addendum (“DPA”) as well. Our Privacy Statement may be viewed at https://signup.clickfunnels.com/privacy-policy and our DPA may be viewed at https://signup.clickfunnels.com/dpa. ClickFunnels reserves the right to modify its Privacy Statement and DPA in its reasonable discretion from time-to-time. Our Privacy Statement and DPA are incorporated into this Agreement by reference.

SECTION 4 – INFORMATION YOU PROVIDE; REGISTRATION; PASSWORDS; PROHIBITION AGAINST HOSTING THIRD-PARTY AGENCY ACCOUNTS

 

As a ClickFunnels user, you will be required to create an account with ClickFunnels. You warrant that the information you provide us is truthful and accurate, and that you are not impersonating another person. You are responsible for maintaining the confidentiality of any password you may use to access your ClickFunnels user account, and you agree not to transfer your password or user name, or lend or otherwise transfer your use of or access to your user account, to any third party. You are also responsible for maintaining the confidentiality of proprietary or non-public information we may share with you as a ClickFunnels user, such as technical information, our pricing, our business strategy, and data about other past or current ClickFunnels users or their customers.

So called “agency accounts,” or accounts in which you host funnels for third parties, are prohibited. Should your usage data indicate, in ClickFunnels’ sole and exclusive discretion, that you are operating an agency account, you will be subject to cancellation of your ClickFunnels user account or enhanced pricing for your ClickFunnels user account, at ClickFunnels’ sole and exclusive discretion. You are fully responsible for all transactions with, and information conveyed to, ClickFunnels under your user account. You agree to immediately notify ClickFunnels of any unauthorized use of your password or user name or any other breach of security related to your user account. You agree that ClickFunnels is not liable, and you will hold ClickFunnels harmless, for any loss or damage arising from your failure to comply with any of the foregoing obligations. Please see Section 21 below for additional information.

 

SECTION 5 – ORDER PLACEMENT AND ACCEPTANCE

If you order a service or product, payment must be received by us before your order is accepted. We may require additional information regarding your order if any required information was missing or inaccurate, and may cancel or limit an order any time after it has been placed. Your electronic order confirmation, or any form of confirmation, does not signify our acceptance of your order. You must contact us immediately at support@clickfunnels.com in order to modify or cancel your pending order. We cannot guarantee that we will be able to amend your order in accordance with your instructions. 

All items are subject to availability. We will notify you if any item is not available, the expected availability date, and may offer you an alternative product or service. If the availability of any product or service is delayed and you do not wish to substitute the product or service, upon your request, we will cancel your order and if previously charged, your payment card will be fully refunded for that specific order. We reserve the right to limit the sales of our products and services to any person, geographic region, or jurisdiction. We may exercise this right on a case-by-case basis at our sole and exclusive discretion.  

Your purchase order of products and other services is conditioned on you re-affirming your acceptance of this Agreement.  

All advertised prices are in, and all payments shall be in, U.S. Dollars. 

SECTION 6 – REFUNDS FOR HARD GOODS

If you have purchased a “hard good” (for example, a book or other tangible product) from ClickFunnels or any relatedei his, ei sint habeo pro. No aliquam expetendis vel, eum vidisse admodum no. Ut cum dicta corrumpit interesset, quo nobis discere ex, cu accusam comprehensam vix. Pro eros iracundia philosophia ad, contentiones mediocritatem at has.

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