As used herein, “Clicksposure” and “Clicksposure.com” all refer to Clicksposure.com which is managed by Mwendo, LLC, a limited liability company duly formed and operating under the laws of the Commonwealth of Virginia, its partners, affiliates, parents, subsidiaries, joint ventures, and, as applicable, owners, managers, members, shareholders, directors, governors, representatives, employees, agents, and servants.

Clicksposure offers services to you, the "User", conditioned on your agreement to adhere to the following Terms of Service without modification of any kind. Your registration with Clicksposure and/or use of Clicksposure’s services constitutes your agreement to all of these Terms of Service. These Terms of Service are subject to change at any time, without prior notice. You are responsible for reviewing these Terms of Service on a regular basis.

Clicksposure.com allows Users to locate and evaluate local businesses and profiles of other members. Users agree to supply Clicksposure with personal information about themselves. Clicksposure will use this information within Clicksposure.com and will provide certain details on an anonymous or non-anonymous basis depending on the Clicksposure service to third parties. Users may also agree to have the information he/she has supplied to Clicksposure forwarded to local businesses. Clicksposure uses email on an almost exclusive basis to provide its services, all Clicksposure users must consent to receive email from Clicksposure to register for Clicksposure its services. Clicksposure users will also be required to consent to receive emails from third party(ies) if the Clicksposure service requested requires services from a third party(ies).

You agree that all of the information you have provided to Clicksposure, whether online or otherwise, is accurate and complete. Clicksposure reserves its right to terminate or suspend access to any user information that is alleged to be inaccurate or misleading. If required by the terms of the Clicksposure service requested by User, you authorize Clicksposure to forward your information to third parties according to the terms of the Clicksposure service that you use.  User agrees to update all relevant information from time to time as appropriate.

Modification of Clicksposure.com Services

Clicksposure reserves the right at any time to modify or discontinue any service or a portion or attribute thereof, or the offering of any information, good, content, product or service with or without notice to any User. Your continued use of the website or any service after the posting of any amended Terms of Service shall constitute your agreement to be bound by any such changes. Clicksposure shall not be liable to any User or any third party should Clicksposure exercise its right to modify or discontinue service.

USER AGREEMENT

1. Terms of Service/Use Between User and Clicksposure.com Generally. This is a legal agreement ("Agreement") between Clicksposure.com and you (“User”). By accessing this Web site, you agree to be bound by this Agreement, Clicksposure.com's Terms of Service/Terms of Use, and by all applicable laws. Clicksposure.com is a technology platform owned and operated by Mwendo, LLC. All references to "Clicksposure.com", "Clicksposure", "we", or "us" include Mwendo, LLC, its subsidiaries and affiliates.

2. Clicksposure.com's Services to You. Clicksposure.com provides a medium through which users may rate and review local business and correspond with other members. As part of these services, Clicksposure will from time to time send you emails which you agree to receive. You are able to unsubscribe from these emails at any time. See our Privacy Policy for further information. Clicksposure.com provides you with only these services. This Web site may contain typographical errors or inaccuracies.

3. Liability Disclaimer and Affirmative Release. Clicksposure.com hereby disclaims any liability arising out of or relating to those services and activities which Clicksposure.com has expressly not undertaken to provide to you (as described more fully in the bullet-points in Section 2, above). Clicksposure.COM DOES NOT SCREEN POSTINGS AND HAS NO WAY OF INDEPENDENTLY VERIFYING THE INFORMATION, TEXT, PHOTOGRAPHS, GRAPHICS, MESSAGES OR OTHER MATERIALS GIVEN BY A USER OR POSTED ON THIS SITE OR OTHERWISE MADE AVAILABLE THROUGH THE CLICKSPOSURE.COM SERVICE.  

With respect to content on publicly accessible areas of the website, the User grants Clicksposure.com the following world-wide, royalty free and non-exclusive license(s), as applicable:  With respect to content a User submits or makes available to Clicksposure.com, such User grants Clicksposure.com the license to use, distribute, reproduce, modify, adapt, publicly perform and publicly display such content and the irrevocable right to sublicense the content with the sublicensee having the right to use, distribute, reproduce, modify, adapt, publish, translate, publicly perform and publicly display such content (in whole or in part) and to incorporate such content into other works in any format or medium now known or later developed.  

The User agrees to indemnify and hold Clicksposure.com, Mwendo, LLC, and its affiliates, officers, agents, or other partners, and employees, harmless from any claim or demand, including attorneys' fees, made by any third party due to or arising out of content you submit, post, transmit or make available to Clicksposure.com.  Clicksposure.com makes no representations as to individual character of business and member displayed on the website.  You hereby agree that in no event shall Clicksposure.com, Mwendo, LLC, or its affiliates, partners, and/or suppliers be liable for any direct, indirect, incidental, punitive, special, consequential or other damages or losses arising out of or in any way related to the use of this web site or with the delay or inability to use this site, or for any information, products, and services obtained through this site, or otherwise arising out of or related to the use of this web site.  This Agreement has legal significance. Users with questions regarding such significance are encouraged to seek the advice of an attorney.

5. Your Information. "Your Information" is defined as any information you provide to us or other users in the course of using this Web site, including, but not limited to, any public message area or through any email feature. You are solely responsible for Your Information, and we act as a passive conduit for your online distribution and publication of Your Information. Clicksposure.com will only use Your Information in accordance with our Privacy Policy.  Clicksposure.com preserves Your Information in its sole discretion and may disclose such information to third parties to comply with legal process or   protect the rights, property, or personal safety of Clicksposure.com, its users and the public.  

6. Fees and Services. Creating a profile and searching for other members and local businesses are free services. Communicating with other members may require the purchase of credits or a subscription.

Our Fees and Credits Policy is incorporated herein for reference. We may change our Fees and Credits Policy  and the fees for our services from time to time. Changes to the policy are effective immediately with or without notice. In the event we introduce a new service, the fees for that service are effective at the launch of the service. Unless otherwise stated, all fees are quoted in U.S. Dollars.

7. Compliance with Federal and State Civil Rights Acts. Clicksposure.com complies with state and federal civil rights laws, including the Fair Housing Act and the Americans with Disabilities Act. By using this Web site you agree to comply with such acts and thus agree to avoid stating any preference based on race, color, national origin, religion, handicap or any other category. At other locations in this Web site, Clicksposure.com may remind you not to include information that is potentially actionable under such laws.

8. Right to Refuse Service. Clicksposure.com reserves the right to refuse service to anyone and terminate your account at any time with or without cause.

9. Violations. Please report any violation of this User Agreement to Clicksposure.com Customer Service.

Interactive Areas

The Clicksposure.com web site may offer forums, blogs, comments areas, bulletin boards and chat rooms (collectively, "Forums") that are intended to provide users 18 years of age and older an interesting and stimulating forum in which they can express their opinions and share their ideas. Clicksposure does not endorse the accuracy or reliability of any advice, opinion, statement or information posted on these Forums. Please use your best judgment, and be respectful of other individuals using these Forums. Do not use vulgar, abusive or hateful language. You may not use the Forums for advertising or promotional materials or other forms of solicitation. Uploading copyrighted or other proprietary material of any kind on the Clicksposure web site without the express permission of the owner of that material is prohibited and may result in civil and/or criminal liability. Any information you disclose when posting a message in these Forums may become public. You should not include any information in your posting that you do not want other parties to see or use and you hereby agree that you will not hold Clicksposure responsible for any third party's use of information contained in such posting.

Wireless Messaging Service

When you provide your wireless or mobile telephone number to Clicksposure, you grant permission for short message service (SMS) text messages and/or multimedia messaging service (MMS) graphic and/or video messages from Clicksposure, its affiliates, and other Users. By continuing to use the Service in any way, you agree that you have read, understood and accept all the Terms and Conditions unconditionally. You must not continue to use the Service if you do not understand or agree to these Terms and Conditions.

You understand and agree that the Service is provided "AS-IS" and that we assume no responsibility for the timeliness, deletion, mis-delivery or failure to store any user communications or personalization settings.

You are responsible for obtaining access to the Service and that access may involve third party fees (such as SMS text messages, Internet service provider or cellular airtime charges). You are responsible for those fees, including those fees associated with the display or delivery of each SMS text message sent to you by us. In addition, you must provide and are responsible for all equipment necessary to access the Service and receive the SMS text messages. We do not charge any fees for delivery of email or SMS. This is a free service provided by us. However, please check with your internet service provider and cellular carrier for any charges that may incur as a result of receiving email and SMS text messages that we deliver upon your opt-in and registration with our email and SMS services. There is no subscription associated with this type of service.

Disclaimer of Warranties
You agree to indemnify and hold us, Clicksposure 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 receive, submit, reply, post, transmit or make available through the Service, your use of the Service, your connection to the Service, your violation of the Terms of Service, or your violation of any rights of another.

You expressly understand and agree that:
A.        Your use of the service is at your sole risk. The service is provided on an "as is" and "as available" basis. Clicksposure, it's customers, expressly disclaims all warranties of any kind, whether express or implied, including, but not limited to the implied warranties of merchantability, fitness for a particular purpose and non-infringement.
B.         Clicksposure makes no warranty that (i) the service will meet your requirements, (ii) the service will be uninterrupted, timely, secure, or error-free, (iii) the results that may be obtained from the use of the service will be accurate or reliable, (iv) the quality of any products, services, information, or other material purchased or obtained by you through the service will meet your expectations, and (v) any errors in the software will be corrected.
C.        Any material downloaded or otherwise obtained through the use of the service is done at your own discretion and risk and that you will be solely responsible for any damage to your computer system or loss of data that results from the download of any such material.
D.        No advice or information, whether oral or written, obtained by you from Clicksposure or through or from the service shall create any warranty not expressly stated in the Terms of Service.

Limitation of Liability

You expressly understand and agree that neither Clicksposure, nor our customers, shall not be liable for any direct, indirect, incidental, special, punitive, consequential or exemplary damages, including but not limited to, damages for loss of profits, goodwill, use, data or other intangible losses (even if Clicksposure and our customers, have been advised of the possibility of such damages), resulting from: (i) the use or the inability to use the service; (ii) the cost of procurement of substitute goods and services resulting from any goods, data, information or services purchased or obtained or messages received or transactions entered into through or from the service; (iii) unauthorized access to or alteration of your transmissions or data; (iv) statements or conduct of any third party on the service; or (v) any other matter relating to the service.

Advertising Policy

Before posting your advertisements on our website, please review your advertisement to be sure it is accurate, and complies with all local, state and federal laws as well as with this policy. This policy applies to all content of your advertisement, including the descriptive text and the photographs/images. We reserve the right to remove any content that we deem, in our sole discretion, to violate this policy and/or to reject the submitted advertisement.

Content must be accurate. Please make sure that all information you submit is accurate and complete. If any information later becomes inaccurate or misleading, you are responsible for correcting it.

Image requirements. Photographs and images accompanying the text of your advertisement may not contain nudity, pornography, lewd references or be sexually suggestive in any way. Digital image and video files must satisfy our technical requirements.

Other limits. Advertisements cannot be illegal, threatening, harassing, abusive, obscene, defamatory, libelous, invasive of another's publicity rights, harmful to minors, degrading, deceptive, or violative of intellectual or other proprietary rights.

Indemnification

You agree to indemnify and hold Clicksposure and its officers, directors, employees, agents, and contractors harmless from and against any and all claims, costs, demands, damages, liabilities, or expenses, including, without limitation, reasonable attorneys' fees, arising from or related to: (a) the Materials you provide, (b) your use of the web site or your reliance on the Content or your use of Clicksposure’s services, (c) your breach of these Terms, or (d) any actual, prospective, completed or terminated purchase, sale, lease or other transaction between you and a third party.

LIMITATION OF LIABILITY

You expressly understand and agree that Clicksposure, its subsidiaries and affiliates, and its licensors shall not be liable to you for:

(a) Any security breaches that may arise to Clicksposure's systems regardless of the fault, cause, or origin.
(b) Any direct, indirect, incidental, special, punitive, consequential or exemplary damages which may be incurred by you, however caused and under any theory of liability. This shall include, but not be limited to, any loss of profit (whether incurred directly or indirectly), any loss of goodwill or business reputation, any loss of data suffered, cost of procurement of substitute goods or services, or other intangible loss;
(c) Any loss or damage which may be incurred by you, including but not limited to loss or damage as a result of:

(i) Any reliance placed by you on the completeness, accuracy or existence of any advertisement, or as a result of any relationship or transaction between you and any User;
(ii) Any changes which Clicksposure may make to the services, or for any permanent or temporary cessation in the provision of the services (or any features within the services);
(iii) The deletion of, corruption of, or failure to store or protect, any content and other communications data maintained or transmitted by or through your use of the services;
(iii) Your failure to provide Clicksposure with accurate account information;
(iv) Your failure to keep your password or account details secure and confidential;

The limitations on Clicksposure's liability to you shall apply whether or not Clicksposure has been advised of or should have been aware of the possibility of any such losses arising.

Prohibited Activities

The following is a partial list of the kinds of activities that are prohibited on or through the Clicksposure web site: (a) submitting Materials that are patently offensive to the online community, such as content that promotes racism, bigotry, hatred or physical harm of any kind against any group or individual; (b) engaging in activities or submitting Materials that could be harmful to minors; (c) engaging in activity or submitting Materials that harasses or advocates harassment of another person; (d) engaging in activity that involves the transmission of "junk mail" or unsolicited mass mailing or "spam" or harvesting or otherwise collecting personally identifiable information about Site users, including names, phone numbers, addresses, email addresses, (collectively, "User Data") without their consent; (e) engaging in activity, or submitting Materials, or promoting information that is false, misleading or promotes illegal activities or conduct that is abusive, threatening, obscene, defamatory or libelous; (f) submitting Materials that contain restricted or password only access pages, or hidden pages or images; (g) submitting Materials that displays pornographic or sexually explicit material of any kind; (h) submitting Materials that provide instructional information about illegal activities such as making or buying weapons, violating someone's privacy, or providing or creating computer viruses; (i) submitting Materials that contain viruses, Trojan horses, worms, or any other similar forms of malware, (j) engaging in activities or submitting Materials that solicit passwords or personally identifiable information for unlawful purposes from other users; (k) engaging in unauthorized commercial activities and/or sales without our prior written consent such as advertising, solicitations, contests, sweepstakes, barter, and pyramid schemes; (l) using any robot, spider, other automatic device, or manual process to monitor, copy, or "scrape" web pages or the Content contained in the Site or for any other unauthorized purpose without Clicksposure’s prior written consent; (m) using any device, software, or routine to interfere or attempt to interfere with the proper working of the Site; (n) decompiling, reverse engineering, or disassembling the Software or attempting to do so; or (o) taking any action that imposes an unreasonable or disproportionately large load on the Clicksposure web site or Clicksposure's hardware and software infrastructure or that of any of its Licensors or Suppliers.

DISPUTE RESOLUTION

Any claim or controversy arising out of or relating to the use of Clicksposure's services, to the goods or services provided by Clicksposure, or to any acts or omissions for which you may contend Clicksposure is liable, including but not limited to any claim or controversy ("Dispute"), shall be finally and exclusively settled by binding arbitration to take place in Fairfax County, Virginia. The arbitration shall be held before one arbitrator under the commercial arbitration rules of the American Arbitration Association ("AAA") in force at that time. The arbitrator shall be selected pursuant to the AAA rules. Should no AAA rule regarding the selection of an arbitrator be in effect, the consumer shall select an arbitrator from a panel of arbitrators acceptable to Clicksposure. To begin the arbitration process, a party must make a written demand therefore. Any judgment upon the award rendered by the arbitrators may be entered in any court of competent jurisdiction in Virginia. The arbitrators shall not have the power to award damages in connection with any Dispute in excess of actual compensatory damages and shall not multiply actual damages or award consequential, punitive or exemplary damages, and each party irrevocably waives any claim thereto. The agreement to arbitrate shall not be construed as an agreement to the joinder or consolidation of arbitration under this Agreement with arbitration of disputes or claims of any non-party, regardless of the nature of the issues or disputes involved. THIS AGREEMENT PROVIDES THAT ALL DISPUTES BETWEEN YOU AND Clicksposure WILL BE RESOLVED BY BINDING ARBITRATION. YOU THUS GIVE UP YOUR RIGHT TO GO TO COURT TO ASSERT OR DEFEND YOUR RIGHTS. YOU ALSO GIVE UP YOUR RIGHT TO PARTICIPATE IN OR BRING CLASS ACTIONS. YOUR RIGHTS WILL BE DETERMINED BY NEUTRAL ARBITRATORS AND NOT A JUDGE OR JURY.

OTHER TERMS

These Terms of Use shall be subject to and construed in accordance with the laws of the Commonwealth of Virginia, without regard to its conflict of laws principles. If any part of these Terms of Service are determined to be invalid or unenforceable pursuant to applicable law including, but not limited to, the warranty disclaimers and liability limitations set forth above, then the invalid or unenforceable provision will be deemed superseded by a valid enforceable provision that most closely matches the intent of the original provision, and the remainder of the Agreement shall continue in effect. A printed version of this Agreement and of any notice given in electronic form shall be admissible in judicial or administrative proceedings based upon or relating to this agreement to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form. All rights not expressly granted herein are reserved to Clicksposure.

If you have questions regarding these Terms of Service, please contact us.