Agent Access Terms & Conditions
c. Access and Retention. A link to this Agreement will be found on the Worth Clark homepage. In order to access and retain this electronic Agreement, you must have access to the Internet, either directly or through devices that access web-based content, and pay any service fees associated with such access. In addition, you must use all software and equipment necessary to make such connection to the Internet, including a computer and modem or other access device. Please print a copy of this document for your records. To retain an electronic copy of this Agreement, you may save it into any word processing program.
ELIGIBILITY. You must be at least eighteen (18) years of age to purchase Products, register with or otherwise use the App. By using the App, you represent and warrant that: (a) you have the right, authority and capacity to enter into this Agreement and to abide by all of the terms and conditions of this Agreement; (b) all registration and listing information you submit is truthful and accurate; (c) you will maintain the accuracy of such information; (d) you are 18 years of age or older; and (e) your use of the App does not violate any applicable law or regulation.
Subscription/License. Subject to the terms and conditions of this Agreement, Worth Clark hereby grants to Member a limited, non-exclusive, non-transferable license to access and use the App during the subscription term (the “Subscription”). The applicable Subscription plans, associated fees and term of Subscription will be selected by Member during Member’s registration with the App or during any subsequent purchase. By agreeing to grant such license, Worth Clark does not obligate itself to maintain the App in its present form. Worth Clark may upgrade, modify, change or enhance the App upon reasonable prior notice to Member (unless the change is of critical business importance or outside Worth Clark’s control, in which case Worth Clark will explain the reason for the changes as soon as is reasonably practicable).
AUTO RENEWAL. Your Subscription may automatically renew under this Agreement. Your Subscription will continue for the length of the initial term you select on your plan and at the end of your prepaid Subscription, it will automatically renew for additional prepaid periods of the same length unless you choose to cancel at least 24 hours prior to that renewal. In order to cancel your Subscription you must contact us at [email protected]. Your account will automatically be charged (or you will be billed, as applicable) at the rates in effect at the time of renewal.
LICENSE RESTRICTIONS. Worth Clark reserves all rights not expressly granted to Member. Member will not copy, export, transmit electronically, download electronically or in hard copy, post to a database or to the Internet, or otherwise reproduce in any fashion any portion of the App, or its underlying content, software, applications, reports or databases or any substantial portion thereof, except as expressly authorized in this Agreement. Except as expressly authorized in this Agreement, Member shall not: (a) use, copy, reproduce, export, merge or transfer copies of the App; (b) rent, lease, sublicense, distribute, transfer, copy, modify or timeshare the App or any of Member’s rights under this Agreement; or (c) use the App or any part of it after any expiration, termination, or cancellation of this Agreement or the license granted by this Agreement. You agree to prevent any unauthorized copying of the App or its content. You also agree not to transfer any access privileges to the App or its materials/content to any third parties. As a condition of your use of the App, you warrant to Worth Clark that you will not use the App for any purpose that is unlawful or prohibited by this Agreement. You may not use the App in any manner which could damage, disable, overburden, or impair the App or interfere with any other party's use and enjoyment of the App.
PASSWORD/ACCOUNT SETTINGS. When you sign up to become a Member, you will also be asked to choose a password for purposes of accessing the App and purchasing Products. You are responsible for maintaining the confidentiality of the username and password that you designate during the registration process, and you are fully responsible for all activities that occur under your username and password. You shall prevent unauthorized use of the App using your password. You agree to: (a) immediately notify Worth Clark of any unauthorized use of your username or password or any other breach of security; and (b) ensure that you exit from your account at the end of each session. Worth Clark will not be liable for any loss or damage arising from your failure to comply with this provision. You should use particular caution when accessing your account from a public or shared computer so that others are not able to view or record your password or other personal information. All assignments of your password shall be void.
PRODUCTS/LISTINGS. If you want to create a profile/listing, you must truthfully and accurately fill out all required information during sign up. When you create a profile/listing and upload content (such as texts, videos or photographs) to the App, you agree to grant Worth Clark a non-exclusive, non-commercial license to use and display such content. You are responsible for the accuracy and content of your profile/listing. Worth Clark reserves the right to terminate your profile or access to the App for any reason (see Termination of Use below).
PRICING/FEES. The fee/prices displayed on the App are quoted in U.S. dollars and are valid and effective only in the U.S. Prices for Products are subject to change without notice. Current subscription customers will be given a 30-day notice before any price change goes into effect for their upcoming renewal orders. We reserve the right to limit the sales of our Products to any person, geographic region or jurisdiction. We may exercise this right on a case-by-case basis. We reserve the right to limit the quantities of any Products that we offer. We reserve the right to discontinue any Product at any time. If you choose to cancel your subscription, there will be no refunds.
PAYMENT PROCESSOR. Worth Clark utilizes a third party payment processor to handle credit card and bank account transactions. Worth Clark is not responsible for such transaction. No sensitive payment information (e.g. credit card numbers, bank account numbers, etc.) is sent to our servers. The processing of payments will be subject to such third party payment processor’s terms, conditions and privacy policies in addition to our policies. When you order Products, you authorize your chosen payment provider (your “Payment Method”) to be charged and agree to make payments using that selected Payment Method.
WORTH CLARK'S ROLE/NO ADVICE. Your interactions with other Members, users, organizations or individuals (such as referral sources) found on or through the App are solely between you and such organizations and/or individuals. The information provided on this App is for reference use only, and does not constitute the rendering of legal, medical, financial, or other professional advice or recommendations by Worth Clark. Worth Clark expresses no opinion as to the quality or reliability of other parties or the products/services they offer, including information contained in profiles or otherwise listed on this App. Nothing on the App is a comment on the legitimacy, suitability or quality of such products/services. Worth Clark has no control over and does not guarantee the existence, quality, safety or legality of products/services offered or advertised; whether a party will uphold its referral obligations; the truth or accuracy of other user content or listings; or the accuracy of the information provided by users or other third parties. Before relying on and accepting any information you've read about on Worth Clark, you should confirm with the third party any information that is important to you. Worth Clark does not conduct any background checks on such third parties or any users of this App or verify the information contained on user profiles.
ACCEPTANCE OF RISKS. You are solely responsible for making any decisions regarding third party transactions related to any referral arrangements you make with other Members/agents and/or the purchase/sale of products or services. You expressly acknowledge that you are making all of your own decisions in connection with such transactions and that Worth Clark is not making recommendations with respect to referrals, products or services offered or with respect to any information you disclose or communications that you make on this App. You also expressly acknowledge that you are subject to a variety of risks related to third party transactions and information that you post or share, which risks are beyond the control of Worth Clark, and you expressly acknowledge that Worth Clark is not liable or responsible for those risks, for which you have sole responsibility. You agree to take all necessary precautions in all interactions with third parties or any other Members/users of this App, particularly if you decide to communicate off the App or meet in person, or if you decide to enter into a referral relationship, purchase products/services or send money to such individual/entity.
APP CONTENT. Occasionally there may be information on the App that contains typographical errors, inaccuracies, or omissions that may relate to product descriptions, pricing and/or availability. Worth Clark reserves the right to correct any errors, inaccuracies or omissions and to change or update information at any time without prior notice (including after you have submitted your order). Worth Clark apologizes for any inconvenience this may cause you.
We encourage you to let us know of any material on our App that you believe to be inappropriate, false and/or inaccurate. Please forward a copy of the material in our Contact Us form along with an explanation of your concerns.
ELECTRONIC COMMUNICATIONS. When you visit the App or send e-mails to Worth Clark, you are communicating electronically. You consent to receive communications from Worth Clark electronically. Worth Clark will communicate with you by e-mail or by posting notices on the App. You agree that all agreements, notices, disclosures and other communications provided to you electronically satisfy any legal requirement that such communications be in writing. You also agree that by registering with Worth Clark, you consent to receive newsletters, emails, promotions, social media communications and other advertisements from Worth Clark or its partners.
You may opt-out of receiving promotional newsletters from Worth Clark by doing one of the following:
- If you have received a newsletter/email from Worth Clark, you can follow the opt-out or 'unsubscribe' instructions provided in the email we sent to you.
- If you originally signed up for Worth Clark newsletters, please email us at [email protected]
USE OF COMMUNICATION SERVICES. The App may contain blogs, chat areas, news groups, forums, communities, personal web pages, calendars, and/or other message or communication facilities designed to enable you to communicate with the public at large or with other users (collectively, "Communication Services"). You agree to use the Communication Services only to post, send and receive messages and material that are proper and related to the particular Communication Service. By way of example, and not as a limitation, you agree that when using a Communication Service or upload content to the App, you will not:
- Defame, abuse, harass, stalk, threaten or otherwise violate the legal rights (such as rights of privacy and publicity) of others.
- Publish, post, upload, distribute or disseminate any inappropriate, profane, defamatory, infringing, vulgar, obscene, indecent or unlawful topic, name, material or information.
- Use language or content that discriminates based on race, creed, age, color, religion, gender, marital status, national origin, income level, physical or mental disability, sexual orientation or any other form of discrimination.
- Language or content that is generally inappropriate, inaccurate, in poor taste or otherwise contrary to Worth Clark’s values and mission.
- Upload files or content that contain software or other material protected by intellectual property laws (or by rights of privacy of publicity) unless you own or control the rights thereto or have received all necessary consents.
- Upload files that contain viruses, corrupted files, or any other similar software or programs that may damage the operation of another's computer.
- Advertise or offer to sell or buy any goods or services for any business purpose, unless such Communication Service specifically allows such messages.
- Conduct or forward surveys, contests, pyramid schemes or chain letters.
- Download any content or file posted by another user of a Communication Service that you know, or reasonably should know, cannot be legally distributed in such manner.
- Falsify or delete any author attributions, legal or other proper notices or proprietary designations or labels of the origin or source of software or other material contained in a file that is uploaded.
- Restrict or inhibit any other user from using and enjoying the Communication Services.
- Violate any code of conduct or other guidelines which may be applicable for any particular Communication Service.
- Harvest or otherwise collect information about others, including e-mail addresses, without their consent.
- Violate any applicable laws or regulations.
Worth Clark has no obligation to monitor the Communication Services. However, Worth Clark reserves the right to review materials/content posted to a Communication Service and to remove any materials in its sole discretion. Worth Clark reserves the right to terminate your access to any or all of the Communication Services at any time without notice for any reason whatsoever.
Worth Clark reserves the right at all times to disclose any information as necessary to satisfy any applicable law, regulation, legal process or governmental request, or to edit, refuse to post or to remove any information or materials, in whole or in part, in Worth Clark's sole discretion.
Worth Clark reminds you that certain information is private and is protected by federal and state privacy and security laws. Your comments or posts on the App or in any Communication Service will be viewed by the general public, and your comments and posts, and any information that you share, will no longer be private. As such, we request that you refrain from disclosing any personal, medical or financial information that you do not wish to be shared or seen by the public. Additionally, please do not post any personal, medical, financial or other confidential information about another person or entity without their approval.
Always use caution when giving out any personally identifying information about yourself or your children in any Communication Service. Worth Clark does not control or endorse the content, messages or information found in any Communication Service and, therefore, Worth Clark specifically disclaims any liability with regard to the Communication Services and any actions resulting from your participation in any Communication Service. Managers and hosts are not authorized Worth Clark spokespersons, and their views do not necessarily reflect those of Worth Clark.
Materials uploaded to a Communication Service may be subject to posted limitations on usage, reproduction and/or dissemination. You are responsible for adhering to such limitations if you download the materials.
NO UNLAWFUL OR PROHIBITED USE. As a condition of your use of the App, you warrant to Worth Clark that you will not use the App for any purpose that is unlawful or prohibited by these terms, conditions, and notices. You may not use the App in any manner which could damage, disable, overburden, or impair the App or interfere with any other party's use and enjoyment of the App. You may not obtain or attempt to obtain any materials or information through any means not intentionally made available or provided for through the App. You may not: (a) modify or create any derivative work based on the Content (as defined below) or use the Content, in whole or in part, for any commercial purpose or for any public display, performance, sale, rental, outsourcing or other commercial exploitation; (b) remove or alter any copyright, trademark or other proprietary notices from the Content; (c) transfer the Content to another person; or (d) reproduce the Content, the App or the software, in whole or in part, except as expressly provided herein. You agree to prevent any unauthorized copying of the Content or software. Worth Clark reserves all rights not expressly granted herein.
TERMINATION OF USE. You agree that Worth Clark may, in its sole discretion, terminate or suspend your access to all or part of the App with or without notice and for any reason, including, without limitation, breach of this Agreement. Any suspected fraudulent, abusive or illegal activity may be grounds for terminating our relationship with you and may be referred to appropriate law enforcement authorities.
Upon termination or suspension, regardless of the reasons therefore, your right to use the App immediately ceases, and you acknowledge and agree that Worth Clark may immediately deactivate or delete your account and all related information and files and/or bar any further access to such files or the App. Worth Clark will not be liable to you or any third party for any claims or damages arising out of any termination or suspension or any other actions taken by us in connection with such termination or suspension.
INTELLECTUAL PROPERTY. Worth Clark or its licensors owns and retains all proprietary rights in the App. All products, articles, databases, information, images, illustrations, designs, graphics, icons, photographs, text, audio clips, video clips and other materials that appear as part of the App as well as the selection, arrangement and organization of the foregoing and the App as a whole (collectively, “Content”) are subject to copyright, trademark, service mark, trade dress, and/or other intellectual property rights or licenses and rights of publicity and privacy, all worldwide rights, titles and interests in and to which are owned by or licensed to Worth Clark or its licensors/suppliers. All software used on this App is the property of Worth Clark or its suppliers and is protected by U.S. and international copyright and other intellectual property laws.
The mark “WORTH CLARK”, along with other App graphics, logos, page headers, button icons, scripts, and service names are trademarks, registered trademarks or trade dress of Worth Clarkin the U.S. and/or other countries. Worth Clark's trademarks and trade dress may not be used in connection with any product or service that is not Worth Clark's, in any manner that is likely to cause confusion among customers, or in any manner that disparages or discredits Worth Clark. All other trademarks not owned by Worth Clark that appear on the App are the property of their respective owners, who may or may not be affiliated with, connected to, or sponsored by Worth Clark. References on the App to the trademarks, service marks, trade names, products, company names or services of third parties are provided for your convenience and do not in any way constitute or imply an endorsement or recommendation of that third party or its products or services by Worth Clark.
SUBMISSIONS. When you submit content to Worth Clark that is covered by intellectual property rights, like images, photos and videos (“Submission”), you specifically give Worth Clark the following permission: you grant Worth Clark an irrevocable, transferable, sub-licensable, royalty-free, worldwide license to use, reproduce, modify and display any Content that you submit. You represent and warrant that you own or otherwise control all of the rights to the Submission; that the Submission is accurate; that use of the Submission you supply does not violate this Agreement and will not cause injury to any person or entity; and that you will indemnify Worth Clark for all claims resulting from Submission you supply. Worth Clark has the right but not the obligation to monitor and edit or remove any activity or Submission. Worth Clark takes no responsibility and assumes no liability for any Submission submitted by you or any third party. To the extent contained within or associated with the Submission, you grant and consent to Worth Clark permission to use, and to alter without restriction your name, portrait, photograph and/or other likeness in any and all manner or media, whether for commercial or non-commercial purposes, whether now known or hereafter existing, in perpetuity. You agree that the Submission may be combined with other images, text, film, audio, graphics and audio-visual works, and cropped, edited, altered or modified.
METATAGS, HIDDEN TEXT, LINKING OR FRAMING ONLINE. Worth Clark expressly prohibits any use of its trademarks, trade names or brand names in metatags, keywords and/or hidden text online. The use of Worth Clark trademarks, trade names or brand names in metatags, keywords or hidden text constitutes trademark infringement, and the use of any of the foregoing for purposes of gaining higher rankings in search engines constitutes unfair competition. Linking to the App, or any page or portion thereof, without the prior written consent of Worth Clark is expressly prohibited. Likewise, framing, in-line linking or other methods of association on the App or its content with any other site, advertisement, link or other information or materials not originating from this App is expressly prohibited, unless specifically authorized or required in writing by Worth Clark.
LINKS TO THIRD PARTY SITES. Worth Clark or third parties may provide links to other websites or resources. Because Worth Clark has no control over such sites and resources, you acknowledge and agree that Worth Clark is not responsible for the availability of such external sites or resources, and does not endorse and is not responsible or liable for any content, advertising, products or other materials on or available from such sites or resources. You further acknowledge and agree that Worth Clark shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with the use of, or reliance upon, any such content, goods or services available on or through any such site or resource. We do not control the privacy policies or practices of these websites. You should review those policies before providing any personal information. Worth Clark is not responsible for the content or practices of any linked websites and provides these links solely for navigation convenience to visitors.
WARRANTY LIMITATION. Except for those warranties expressly provided herein, you hereby acknowledge and agree that Worth Clark (including OWNERS, PARTNERS, MEMBERS, MANAGERS, SHAREHOLDERS, employees, agents, directors, AFFILIATES, SUBSIDIARIES and independent contractors of Worth Clark) has not made any other warranties, express or implied, concerning the App, the Products OR THE INFORMATION PROVIDED THROUGH THIS WEBSITE. THE WEBSITE AND ALL INFORMATION, CONTENT, MATERIALS, PRODUCTS (INCLUDING SOFTWARE) AND SERVICES INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH THIS SITE ARE PROVIDED BY WORTH CLARK ON AN "AS IS" AND "AS AVAILABLE" BASIS, UNLESS OTHERWISE SPECIFIED IN WRITING. WORTH CLARK DISCLAIMS, AND YOU HEREBY WAIVE, ALL WARRANTIES EXPRESSED OR IMPLIED, INCLUDING, WITHOUT LIMITATION, ALL IMPLIED WARRANTIES OF MERCHANTABILITY FITNESS FOR A PARTICULAR PURPOSE any warranties regarding completeness, accuracy, reliability, suitability or availability with respect to the App or the information, products, services, or related graphics contained on the App for any purpose. WITHOUT LIMITING THE FOREGOING, WORTH CLARK hereby makes no representation nor any warranties of any kind in connection WITH the information provided herein, That products will meet your requirements, OR THE QUALITY OF ANY PRODUCTS. Any reliance you place on such information is therefore strictly at your own risk.
THIS SITE COULD INCLUDE TECHNICAL OR OTHER MISTAKES, INACCURACIES, OR TYPOGRAPHICAL ERRORS. WE MAY MAKE CHANGES TO THE MATERIALS AND SERVICES AT THIS SITE, INCLUDING THE PRICES AND DESCRIPTIONS OF ANY PRODUCTS LISTED HEREIN, AT ANY TIME WITHOUT NOTICE. THE Products OR SERVICES AT THIS SITE MAY BE OUT OF DATE, AND WE MAKE NO COMMITMENT TO UPDATE SUCH PRoducts OR SERVICES. THE FACT THAT WORTH CLARK IS INCLUDING OR OFFERING ANY PRODUCT OR SERVICE ON THE WEBSITE IS NOT AN ENDORSEMENT OR A RECOMMENDATION OF THE PRODUCT OR SERVICE.
SOME STATES OR JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES, SO SOME OF THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU.
DISCLAIMER OF LIABILITY. IN NO EVENT SHALL WORTH CLARK OR ANY OF ITS OWNERS, PARTNERS, MEMBERS, MANAGERS, SHAREHOLDERS, EMPLOYEES, DISTRIBUTORS, AFFILIATES, SUBSIDIARIES, AGENTS OR REPRESENTATIVES, BE IN ANY WAY LIABLE TO YOU OR ANY PARTY FOR ANY DIRECT, INDIRECT, GENERAL, COMPENSATORY, INCIDENTAL, SPECIAL, PUNITIVE, CONSEQUENTIAL OR EXEMPLARY DAMAGES, OR ANY OTHER DAMAGES WHATSOEVER, ARISING FROM, OR RELATING TO, THE USE OF OR INABILITY TO USE THE WEBSITE OR THE CONTENT, MATERIALS AND FUNCTIONS THEREOF, OR OF ANY LINKED WEBSITE, OR ANY PRODUCT OR SERVICE LINKED TO OR ADVERTISED OR PROMOTED ON THE WEBSITE, OR OTHERWISE RELATING HERETO, REGARDLESS OF WHETHER THE SAME ARE FORESEEABLE OR IF WORTH CLARK WAS ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
YOU ACKNOWLEDGE, BY YOUR USE OF THE WEBSITE, THAT YOUR USE IS AT YOUR SOLE RISK, THAT YOU ASSUME FULL RESPONSIBILITY FOR ALL COSTS ASSOCIATED WITH ALL NECESSARY SERVICING, REPAIRS OR REPLACEMENT OF ANY EQUIPMENT, HARDWARE, SOFTWARE OR DATA YOU USE IN CONNECTION WITH YOUR USE OF THE WEBSITE AND THAT WORTH CLARK SHALL NOT BE LIABLE FOR ANY DAMAGES OF ANY KIND RELATED TO YOUR USE OF, OR INABILITY TO USE, THE WEBSITE.
WORTH CLARK MAKES NO REPRESENTATION OR WARRANTY THAT THE WEBSITE, CONTENT, SOFTWARE OR ANY PRODUCT OFFERED OR PURCHASED THROUGH THE WEBSITE IS APPLICABLE OR APPROPRIATE FOR USE OR ACCESS IN LOCATIONS OUTSIDE OF THE UNITED STATES.
Notwithstanding anything to the contrary contained herein, Worth Clark's liability to you for any cause whatsoever, and regardless of the form of the action, will at all times be limited to the amount paid, if any, by you to Worth Clark for the PRODUCTS.
YOU ARE SOLELY RESPONSIBLE FOR YOUR INTERACTIONS WITH OTHER USERS (i.e. MEMBERS, VENDORS OR CUSTOMERS). YOU UNDERSTAND THAT WORTH CLARK CURRENTLY DOES NOT CONDUCT CRIMINAL BACKGROUND CHECKS OR SCREENINGS ON ITS USERS. WORTH CLARK ALSO DOES NOT INQUIRE INTO THE BACKGROUNDS OF ALL OF ITS USERS OR ATTEMPT TO VERIFY THE STATEMENTS OR REPRESENTATIONS OF ITS USERS.
INDEMNIFICATION. You agree to indemnify and hold Worth Clark, its owners, members, managers, affiliates, subsidiaries, sponsors, advertisers, licensors, employees, agents, representatives and independent contractors, harmless from any loss, liability, damages, claims, actions, or demand, including reasonable attorneys’ fees, made by any third party due to or arising out of (1) your Submission, (2) your use of the App in violation of this Agreement; and/or (3) any use of this App.
FORCE MAJEURE. Worth Clark shall not be liable for failing to perform its obligations hereunder because of circumstances reasonably beyond the control of Worth Clark. Such circumstances shall include (without limitation) any acts or omissions of any government or governmental authority, natural disaster, act of a public enemy, acts of terrorism, riot, sabotage, labor disputes, power failure, delays in transportation or deliveries of supplies or materials, acts of God, computer failure, hardware failure, telecommunications failure, software failure, failure of users to cooperate with the reasonable requests of Worth Clark, breach of this Agreement by users, cyber-attacks, cyber-hacks, cyber-crimes, or cyber-disruptions and any other events reasonably beyond the control of Worth Clark.
Consent to Jurisdiction, Forum Selection and Choice of Law. By using the App you expressly agree that if there is any dispute arising out of the App and/or the transactions occurring on this website, or in the event of any judicial action arising directly, indirectly, or otherwise in connection with, out of, related to or from this Agreement or any transaction covered hereby or otherwise arising in connection with the relationship between the parties, regardless of whether such action is brought under contract, tort, statute or otherwise, any such dispute shall be governed by the laws of the State of Florida, without regard to its conflict of law provisions, and you expressly agree and consent to the exclusive jurisdiction and venue of the state and federal courts of the State of Florida, in Lee County, for the resolution of any such dispute. The aforementioned choice of venue is intended by the parties to be mandatory and not permissive in nature, thereby precluding the possibility of litigation between the parties with respect to or arising out of this Agreement in any jurisdiction other than that specified in this paragraph. You hereby waive any right you may have to assert the doctrine of forum non conveniens or similar doctrine or to object to venue with respect to any proceeding brought in accordance with this paragraph, and stipulate that the State and Federal courts located in the County of Lee, State of Florida shall have in personam jurisdiction and venue over you for the purpose of litigating any dispute, controversy, or proceeding arising out of or related to this Agreement. Any final judgment rendered against a party in any action or proceeding shall be conclusive as to the subject of such final judgment and may be enforced in other jurisdictions in any manner provided by law.
PREVAILING PARTY. In any action to enforce this Agreement, the prevailing party will be entitled to recover its legal expenses, including reasonable attorneys’ fees, legal assistants’ fees, costs and expenses from the non-prevailing party of all court costs (including bankruptcy proceedings and appeals) in addition to any other relief to which the party is entitled. Any cause of action brought by you against Worth Clark or its officers, partners, directors, managers, members, shareholders, distributors, affiliates, subsidiaries, sponsors, advertisers, licensors, employees, agents, representatives or independent contractors, must be instituted within one year after the cause of action arises or be deemed forever waived and barred.
ASSIGNMENT. You may not assign your rights and obligations under this Agreement to any third party, and any purported attempt to do so will be null and void. Worth Clark may freely assign its rights and obligations under this Agreement.
RELATIONSHIP. By using the App or purchasing Products, the only relationship created is that of a buyer and a seller. No other legal relationship exists or is implied.
SEVERABILITY. If any part of these Terms is held invalid or unenforceable, that portion will be construed in a manner consistent with applicable law to reflect, as nearly as possible, the original intentions of the parties, and the remaining portions will remain in full force and effect.
WAIVER. Any failure by Worth Clark to enforce or exercise any provision of the Terms or related rights will not constitute a waiver of that right or provision.
Captions. The headings and captions of this Agreement are inserted for convenience of reference and do not define, limit or describe the scope or intent of this Agreement or any particular section, paragraph, or provision.
COPYRIGHT AGENT. Worth Clark respects the intellectual property rights of others, and we ask users to do the same. If you believe that your work has been copied in a way that constitutes infringement, please provide the following information to Worth Clark’s Copyright Agent:
- an electronic or physical signature of the person authorized to act on behalf of the owner of the copyright interest;
- a description of the copyrighted work that you claim has been infringed;
- a description of where the material that you claim is infringing is located on the site;
- your address, telephone number, and email address;
- a statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law;
- a statement by you, made under penalty of perjury, that the above information in your notice is accurate and that you are the copyright owner or authorized to act on the copyright owner’s behalf.
Worth Clark’s Copyright Agent
Attention: Worth Clark Legal Department
Address: 100 Chesterfield Business Pkwy, FL 2, Chesterfield, MO 63005
Email: [email protected]
Please contact us with any questions regarding this Agreement.