Last Updated 05
May
2019
1. Agreement
to Terms
1.1
These Terms and Conditions constitute a legally binding agreement made
between you, whether personally or on behalf of an entity
(you), and
Clevalabs
, located at __________,
__________,
DE
__________
United States
(we, us), concerning your access
to and use of the clevalabs
(http://www.clevalabs.com
) website as well as any related applications (the
Site).
The Site provides the following services:
__________
(Services). You agree that by accessing the Site
and/or Services, you have read, understood, and agree to be bound by all of
these Terms and Conditions.
If you do not agree with all of
these Terms and Conditions, then you are prohibited from using the Site
and Services and you must discontinue use immediately. We
recommend that you print a copy of these Terms and Conditions for future
reference.
1.2
The supplemental policies set out in Section
1.7 below, as well as any supplemental terms and condition or documents that
may be posted on the Site from time to time, are expressly incorporated by
reference.
1.3
We may make changes to these Terms and
Conditions at any time. The updated version of these Terms and Conditions
will be indicated by an updated “Revised” date and the updated version will
be effective as soon as it is accessible. You are responsible for reviewing
these Terms and Conditions to stay informed of updates. Your continued use
of the Site represents that you have accepted such
changes.
1.4
We may update or change the Site from time
to time to reflect changes to our products, our users' needs and/or our
business priorities.
1.5
Our site is directed to people residing in
__________. The information provided on the Site
is not intended for distribution to or use by any person or entity in any
jurisdiction or country where such distribution or use would be contrary to
law or regulation or which would subject us to any registration requirement
within such jurisdiction or country.
1.6
The Site is intended for users who are at
least 18 years old. If you are under the age of 18, you are not
permitted to register for the Site or use the Services without parental
permission.
1.7
Additional
policies which also apply to your use of the Site include:
2.
Acceptable Use
2.1
You may not access or use the Site for any
purpose other than that for which we make the site and our services
available. The Site may not be used in connection with any commercial
endeavors except those that are specifically endorsed or approved by
us.
2.2
As a user of this Site, you agree not to:
●
Circumvent, disable, or otherwise interfere with
security-related features of the Site, including features that prevent
or restrict the use or copying of any content or enforce limitations on
the use
●
Engage in unauthorized framing of or linking to the
Site
●
Trick, defraud, or mislead us and other users,
especially in any attempt to learn sensitive account information such as
user passwords
●
Make improper use of our support services, or submit
false reports of abuse or misconduct
●
Engage in any automated use of the system, such as
using scripts to send comments or messages, or using any data mining,
robots, or similar data gathering and extraction tools
●
Interfere with, disrupt, or create an undue burden on
the Site or the networks and services connected to the Site
●
Use any information obtained from the Site in order to
harass, abuse, or harm another person
●
Use the Site or our content as part of any effort to
compete with us or to create a revenue-generating endeavor or commercial
enterprise
●
Decipher, decompile, disassemble, or reverse engineer
any of the software comprising or in any way making up a part of the
Site
●
Attempt to access any portions of the Site that you
are restricted from accessing
●
Harass, annoy, intimidate, or threaten any of our
employees, agents, or other users
●
Delete the copyright or other proprietary rights
notice from any of the content
●
Copy or adapt the Site’s software, including but not
limited to Flash, PHP, HTML, JavaScript, or other code
●
Upload or transmit (or attempt to upload or to
transmit) viruses, Trojan horses, or other material that interferes with
any party’s uninterrupted use and enjoyment of the Site, or any material
that acts as a passive or active information collection or transmission
mechanism
●
Use, launch, or engage in any automated use of the
system, such as using scripts to send comments or messages, robots,
scrapers, offline readers, or similar data gathering and extraction
tools
●
Disparage, tarnish, or otherwise harm, in our opinion,
us and/or the Site
●
Use the Site in a manner inconsistent with any
applicable laws or regulations
●
Threaten users with negative feedback or offering
services solely to give positive feedback to users
●
Misrepresent experience, skills, or information about
a User
●
Advertise products or services not intended by us
●
Systematically retrieve data or other content from the
Site to a compile database or directory without written permission from
us
●
Make any unauthorized use of the Site, including
collecting usernames and/or email addresses of users to send unsolicited
email or creating user accounts under false pretenses
●
Use a buying agent or purchasing agent to make
purchases on the Site
●
Use the Site to advertise or sell goods and services
●
Attempt to impersonate another user or person, or use
the username of another user
●
Sell or otherwise transfer your profile
● Falsely imply a relationship
with us or another company with whom you do not have a
relationship
3. Our
content
3.1 Unless otherwise indicated, the Site and
Services including source code, databases, functionality, software, website
designs, audio, video, text, photographs, and graphics on the Site
(Our Content) are owned or licensed to us, and are
protected by copyright and trade mark laws.
3.2
Except as expressly provided in these Terms
and Conditions, no part of the Site, Services or Our Content may be copied,
reproduced, aggregated, republished, uploaded, posted, publicly displayed,
encoded, translated, transmitted, distributed, sold, licensed, or otherwise
exploited for any commercial purpose whatsoever, without our express prior
written permission.
3.3
Provided that you are eligible to use the
Site, you are granted a limited licence to access and use the Site and Our
Content and to download or print a copy of any portion of the Content to
which you have properly gained access solely for your personal,
non-commercial use.
3.4
You shall not (a) try to gain unauthorised
access to the Site or any networks, servers or computer systems connected to
the Site; and/or (b) make for any purpose including error correction, any
modifications, adaptions, additions or enhancements to the Site or Our
Content, including the modification of the paper or digital copies you may
have downloaded.
3.5
We shall (a) prepare the Site and Our
Content with reasonable skill and care; and (b) use industry standard virus
detection software to try to block the uploading of content to the Site that
contains viruses.
3.6
The content on the Site is provided for
general information only. It is not intended to amount to advice on which
you should rely. You must obtain professional or specialist advice before
taking, or refraining from taking, any action on the basis of the content on
the Site.
3.7
Although we
make reasonable efforts to update the information on our site, we make no
representations, warranties or guarantees, whether express or implied, that
Our Content on the Site is accurate, complete or up to date.
4. Site Management
4.1 We reserve the
right at our sole discretion, to (1) monitor the Site for breaches of these
Terms and Conditions; (2)
take appropriate legal action against anyone in breach of applicable laws or
these Terms and Conditions; (3)
remove from the Site or otherwise disable all files and content that are
excessive in size or are in any way a burden to our systems; and (4)
otherwise manage the Site in a manner designed to protect our rights and
property and to facilitate the proper functioning of the Site and
Services.
4.2
We do not guarantee that the Site will be
secure or free from bugs or viruses.
4.3
You are
responsible for configuring your information technology, computer programs
and platform to access the Site and you should use your own virus protection
software.
5. Modifications to and availability of
the Site
5.1 We reserve the right to change, modify, or
remove the contents of the Site at any time or for any reason at our sole
discretion without notice. We also reserve the right to modify or
discontinue all or part of the Services without notice at any time.
5.2
We cannot guarantee the Site and Services
will be available at all times. We may experience hardware, software, or
other problems or need to perform maintenance related to the Site, resulting
in interruptions, delays, or errors. You agree that we have no liability
whatsoever for any loss, damage, or inconvenience caused by your inability
to access or use the Site or Services during any downtime or discontinuance
of the Site or Services.We are not obliged to maintain and support the Site
or Services or to supply any corrections, updates, or
releases.
5.3
There may be information on the Site that
contains typographical errors, inaccuracies, or omissions that may relate to
the Services, including descriptions, pricing, availability, and various
other information. We reserve the right to correct any errors, inaccuracies,
or omissions and to change or update the information at any time, without
prior notice.
6. Disclaimer/Limitation of Liability
6.1 The Site and
Services are provided on an as-is and as-available basis. You agree that
your use of the Site and/or Services will be at your sole risk except as
expressly set out in these Terms and Conditions. All warranties, terms,
conditions and undertakings, express or implied (including by statute,
custom or usage, a course of dealing, or common law) in connection with the
Site and Services and your use thereof including, without limitation, the
implied warranties of satisfactory quality, fitness for a particular purpose
and non-infringement are excluded to the fullest extent permitted by
applicable law.
We make no warranties or representations
about the accuracy or completeness of the Site’s content and are not liable
for any (1) errors or omissions in content: (2) any unauthorized access to
or use of our servers and/or any and all personal information and/or
financial information stored on our server; (3) any interruption or
cessation of transmission to or from the site or services; and/or (4) any
bugs, viruses, trojan horses, or the like which may be transmitted to or
through the site by any third party. We will not be responsible for any
delay or failure to comply with our obligations under these Terms and
Conditions if such delay or failure is caused by an event beyond our
reasonable control.
6.2 Our
responsibility for loss or damage suffered by
you:
Whether you are a consumer
or a business user:
● We do not exclude
or limit in any way our liability to you where it would be unlawful to do
so. This includes liability for death or personal injury caused by our
negligence or the negligence of our employees, agents or subcontractors and
for fraud or fraudulent misrepresentation.
● If we fail to
comply with these Terms and Conditions, we will be responsible for loss or
damage you suffer that is a foreseeable result of our breach of these Terms
and Conditions, but we would not be responsible for any loss or damage that
were not foreseeable at the time you started using the
Site/Services.
Notwithstanding anything to the contrary contained
in the Disclaimer/Limitation of Liability section, our liability to you for
any cause whatsoever and regardless of the form of the action, will at all
times be limited to a total aggregate amount equal to the greater of (a) the
sum of £5000 or (b) the amount paid, if any, by you to us for the
Services/Site during the six (6) month period prior to any cause of action
arising.
If you are a business
user:
We will not be liable to you for any loss or damage,
whether in contract, tort (including negligence), breach of statutory duty,
or otherwise, even if foreseeable, arising under or in connection
with:
● use
of, or inability to use, our Site/Services;
or
● use
of or reliance on any content displayed on our
Site.
In particular, we will not be liable
for:
● loss
of profits, sales, business, or revenue;
● business
interruption;
● loss
of anticipated savings;
● loss
of business opportunity, goodwill or reputation;
or
● any
indirect or consequential loss or damage.
7. Term and Termination
7.1 These Terms and Conditions shall remain in
full force and effect while you use the Site or Services or are otherwise a
user of the Site, as applicable. You may terminate your use or participation
at any time, for any reason, by following the instructions for terminating
user accounts in your account settings, if available, or by contacting us at
hello@clevalabs.com
.
7.2
Without limiting any other provision of
these Terms and Conditions, we reserve the right to, in our sole discretion
and without notice or liability, deny access to and use of the Site and the
Services (including blocking certain IP addresses), to any person for any
reason including without limitation for breach of any representation,
warranty or covenant contained in these Terms and Conditions or of any
applicable law or regulation.
If we determine, in our sole discretion,
that your use of the Site/Services is in breach of these Terms and
Conditions or of any applicable law or regulation, we may terminate your use
or participation in the Site and the Services or delete any content or information that you
posted at any time, without warning, in our sole
discretion.
7.3
If we terminate or suspend your account for
any reason set out in this Section 9, you are prohibited from registering
and creating a new account under your name, a fake or borrowed name, or the
name of any third party, even if you may be acting on behalf of the third
party. In addition to terminating or suspending your account, we reserve the
right to take appropriate legal action, including without limitation
pursuing civil, criminal, and injunctive redress.