Summary Terms

This is an auto renewing subscription service for persons over 18 that will continue until cancelled anytime by texting STOP to short code 74558. For SikkU support: text HELP to 74558 or email support@sikku.com.

Standard messaging and/or data rates of your carrier may apply. Your phone must have text messaging capability. You must be the owner of this device or have permission from the owner. By signing up for this service and entering your personal Activation Code delivered to the cell phone number supplied by you on this website, you acknowledge that you are agreeing to the full Terms and Conditions. Read the EULA below for full Terms and Conditions.


Complete Terms of Use

Revised Effective March 12, 2009

IMPORTANT - BY USING THIS WEBSITE (the "WEBSITE"), YOU AGREE TO BE BOUND BY THESE TERMS AND CONDITIONS (the “TERMS”).

These Terms are the terms of an agreement ("Agreement") between you and GainClients, Inc. (the "Company") which govern your use of the WEBSITE and all Downloads (as defined below) from the WEBSITE using the SikkU software (the “Software”) available (as may be changed or updated from time to time by the Company) (collectively, the "Service").

By your use of the Service you represent that (a) you have read and understood this Agreement and agree to be bound by its Terms, (b) you are the person or entity responsible for the wireless account associated with the cell number provided, (c) you are responsible for all services used through that wireless account, and (d) you are at least 18 years of age.

If you do not agree to be bound by (or cannot comply with) any of the Terms of this Agreement, do not continue the sign up process by clicking on "CANCEL".

AGREEMENT BETWEEN USER AND SikkU

The SikkU Website is comprised of various Web pages operated by SikkU.

The SikkU Website is offered to you via supported wireless devices conditioned on your acceptance without modification of Terms, conditions, and notices contained herein. Your use of the SikkU Website constitutes your agreement to all such Terms and notices.

MODIFICATION OF THESE TERMS

SikkU reserves the right to change these Terms and notices under which the SikkU Website is offered, including but not limited to the charges associated with the use of the SikkU Website.

LINKS TO THIRD PARTY SITES

The SikkU Website may contain links to other Websites ("Linked Sites"). The Linked Sites are not under the control of SikkU and SikkU is not responsible for the contents of any Linked Site, including without limitation any link contained in a Linked Site, or any changes or updates to a Linked Site. SikkU is not responsible for webcasting or any other form of transmission received from any Linked Site. SikkU is providing these links to you only as a convenience, and the inclusion of any link does not imply endorsement by SikkU of the site or any association with its operators.

NO UNLAWFUL OR PROHIBITED USE

As a condition of your use of the SikkU Website, you warrant to SikkU that you will not use the SikkU Website for any purpose that is unlawful or prohibited by these Terms and notices. You may not use the SikkU Website in any manner which could damage, disable, overburden, or impair the SikkU Website or interfere with any other party's use and enjoyment of the SikkU Website. You may not obtain or attempt to obtain any materials or information through any means not intentionally made available or provided for through the SikkU Websites.

USE OF COMMUNICATION SERVICES

The SikkU Website may contain bulletin board services, 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 a group (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, 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, obscene, indecent or unlawful topic, name, material or information. § Upload files 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 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.

SikkU has no obligation to monitor the Communication Services. However, SikkU reserves the right to review materials posted to a Communication Service and to remove any materials in its sole discretion. SikkU reserves the right to terminate your access to any or all of the Communication Services at any time without notice for any reason whatsoever.

SikkU 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 SikkU's sole discretion.

Always use caution when giving out any personally identifying information about yourself or your children in any Communication Service. SikkU does not control or endorse the content, messages or information found in any Communication Service and, therefore, SikkU 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 SikkU spokespersons, and their views do not necessarily reflect those of SikkU.

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.

SikkU shall be entitled to rely on the assumption that the person or entity responsible for the wireless account for the cell phone to which content is downloaded is responsible for all use of the Service through that wireless account. SikkU will not issue refunds to persons or entities claiming that they did not authorize the use of their wireless account to receive a download.

MATERIALS PROVIDED TO SikkU OR POSTED AT ANY SikkU WEBSITE

SikkU does not claim ownership of the materials you provide to SikkU (including feedback and suggestions) or post, upload, input or submit to any SikkU Website or its associated services (collectively "Submissions"). However, by posting, uploading, inputting, providing or submitting your Submission you are granting SikkU, its affiliated companies and necessary sublicensees permission to use your Submission in connection with the operation of their Internet businesses including, without limitation, the rights to: copy, distribute, transmit, publicly display, publicly perform, reproduce, edit, translate and reformat your Submission; and to publish your name in connection with your Submission.

No compensation will be paid with respect to the use of your Submission, as provided herein. SikkU is under no obligation to post or use any Submission you may provide and may remove any Submission at any time in SikkU's sole discretion.

By posting, uploading, inputting, providing or submitting your Submission you warrant and represent that you own or otherwise control all of the rights to your Submission as described in this section including, without limitation, all the rights necessary for you to provide, post, upload, input or submit the Submissions.

LIABILITY DISCLAIMER

THE INFORMATION, SOFTWARE, PRODUCTS, AND SERVICES INCLUDED IN OR AVAILABLE THROUGH THE SikkU WEBSITE MAY INCLUDE INACCURACIES OR TYPOGRAPHICAL ERRORS. CHANGES ARE PERIODICALLY ADDED TO THE INFORMATION HEREIN. SikkU AND/OR ITS SUPPLIERS MAY MAKE IMPROVEMENTS AND/OR CHANGES IN THE SikkU WEBSITE AT ANY TIME. ADVICE RECEIVED VIA THE SikkU WEBSITE SHOULD NOT BE RELIED UPON FOR PERSONAL, MEDICAL, LEGAL OR FINANCIAL DECISIONS AND YOU SHOULD CONSULT AN APPROPRIATE PROFESSIONAL FOR SPECIFIC ADVICE TAILORED TO YOUR SITUATION.

SikkU AND/OR ITS SUPPLIERS MAKE NO REPRESENTATIONS ABOUT THE SUITABILITY, RELIABILITY, AVAILABILITY, TIMELINESS, AND ACCURACY OF THE INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS CONTAINED ON THE SikkU WEBSITE FOR ANY PURPOSE. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, ALL SUCH INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS ARE PROVIDED "AS IS" WITHOUT WARRANTY OR CONDITION OF ANY KIND. SikkU AND/OR ITS SUPPLIERS HEREBY DISCLAIM ALL WARRANTIES AND CONDITIONS WITH REGARD TO THIS INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS, INCLUDING ALL IMPLIED WARRANTIES OR CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT.

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL SikkU AND/OR ITS SUPPLIERS BE LIABLE FOR ANY DIRECT, INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, CONSEQUENTIAL DAMAGES OR ANY DAMAGES WHATSOEVER INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF USE, DATA OR PROFITS, ARISING OUT OF OR IN ANY WAY CONNECTED WITH THE USE OR PERFORMANCE OF THE SikkU WEBSITE, WITH THE DELAY OR INABILITY TO USE THE SikkU WEBSITE OR RELATED SERVICES, THE PROVISION OF OR FAILURE TO PROVIDE SERVICES, OR FOR ANY INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS OBTAINED THROUGH THE SikkU WEBSITE, OR OTHERWISE ARISING OUT OF THE USE OF THE SikkU WEBSITE, WHETHER BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY OR OTHERWISE, EVEN IF SikkU OR ANY OF ITS SUPPLIERS HAS BEEN ADVISED OF THE POSSIBILITY OF DAMAGES. BECAUSE SOME STATES/JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, THE ABOVE LIMITATION MAY NOT APPLY TO YOU. IF YOU ARE DISSATISFIED WITH ANY PORTION OF THE SikkU WEBSITE, OR WITH ANY OF THESE TERMS, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USING THE SikkU WEBSITE.

SERVICE CONTACT : support@sikku.com

TERMINATION/ACCESS RESTRICTION

SikkU reserves the right, in its sole discretion, to terminate your access to the SikkU Website and the related services or any portion thereof at any time, without notice. GENERAL To the maximum extent permitted by law, this agreement is governed by the laws of the State of Washington, U.S.A. and you hereby consent to the exclusive jurisdiction and venue of courts in King County, Washington, U.S.A. in all disputes arising out of or relating to the use of the SikkU Website. Use of the SikkU Website is unauthorized in any jurisdiction that does not give effect to all provisions of these Terms, including without limitation this paragraph. You agree that no joint venture, partnership, employment, or agency relationship exists between you and SikkU as a result of this agreement or use of the SikkU Website. SikkU's performance of this agreement is subject to existing laws and legal process, and nothing contained in this agreement is in derogation of SikkU's right to comply with governmental, court and law enforcement requests or requirements relating to your use of the SikkU Website or information provided to or gathered by SikkU with respect to such use. If any part of this agreement is 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. Unless otherwise specified herein, this agreement constitutes the entire agreement between the user and SikkU with respect to the SikkU Website and it supersedes all prior or contemporaneous communications and proposals, whether electronic, oral or written, between the user and SikkU with respect to the SikkU Website. 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 an d subject to the same conditions as other business documents and records originally generated and maintained in printed form. It is the express wish to the parties that this agreement and all related documents be drawn up in English.

INTERNATIONAL CONSIDERATIONS

Currently, the Service is only available to residents of the United States. You understand and acknowledge that you may not sign up for, access, or attempt to access or use the Service from countries outside of The United States. You agree to abide by United States and other applicable export control laws and not to transfer, by electronic transmission or otherwise, any content or software subject to restrictions under such laws to a national destination or person prohibited under such laws.

COOKIES

The Company allows the use of cookies, similar to an Internet browser. This allows the Company to set cookies for you when you view any of the Site's content, unless you have disabled cookies. If you have disabled cookies, you may be asked to login each time you access the features and some Company services may not function properly.

ASSISTANCE

In the case of technical problems you must make all reasonable efforts to investigate and diagnose problems before contacting the Company. If you still need technical help, please check the support provided online by the Company or failing that contact our support staff.

SERVICE CONTACT : support@sikku.com

While the Company intends that the Software should be available 24 hours a day, seven days a week, it is possible that on occasion it may be unavailable to permit maintenance or other development activity to take place. If for any reason the Company has to interrupt the Software for longer periods than the Company would normally expect, we will use reasonable endeavors to publish in advance details of such activity on the site.

EQUAL HOUSING OPPORTUNITY PLEDGE:

We are pledged to the letter and spirit of U.S. policy for the achievement of equal housing opportunity throughout the Nation. We encourage and support an affirmative advertising and marketing program in which there are no barriers to obtaining housing because of race, color, religion, sex, handicap, familial status, or national origin. Equal Housing Opportunity Slogan: "Equal Housing Opportunity".

COPYRIGHT AND TRADEMARK NOTICES:

All contents of the SikkU Website are: Copyright 2009 by GainClients and/or its suppliers. All rights reserved.

COPYRIGHT INFORMATION

The Service, including the downloads, and portions of them, may contain or comprise copyrighted and/or proprietary subject matter. Your rights with respect to your use of the same are governed by these Terms, all applicable laws, including but not limited to intellectual property laws, and any applicable end-user license agreements. Your use of the Service and the downloads is under license; you will not obtain any ownership rights in the Service or downloads through this Agreement

TRADEMARKS

All trademarks, service marks, trade names, domain names, slogans, logos, and other indicia of origin that appear on or in connection with the Service are the property of the Company and/or its affiliates, licensors and/or licensees. You may not copy, display or use any of these marks without prior written permission of the mark owner.

The names of actual companies and products mentioned herein may be the trademarks of their respective owners.

The example companies, organizations, products, people and events depicted herein are fictitious. No association with any real company, organization, product, person, or event is intended or should be inferred.

Any rights not expressly granted herein are reserved.

NOTICES AND PROCEDURE FOR MAKING CLAIMS OF COPYRIGHT INFRINGEMENT

Pursuant to Title 17, United States Code, Section 512(c)(2), notifications of claimed copyright infringement under United States copyright law should be sent to Service Provider's Designated Agent. ALL INQUIRIES NOT RELEVANT TO THE FOLLOWING PROCEDURE WILL RECEIVE NO RESPONSE. See Notice and Procedure for Making Claims of Copyright Infringement.