CleverWaiver Terms and Conditions
In this document:
"Us" or "our" or "company" or “we” refer to cleverwaiver.com. "Customer" or "Client" or "You" means any person or organization purchasing a product or service from us through the website. "Website" means cleverwaiver.com
IF YOU REPRESENT A COMPANY, YOU EMBODY THAT YOU ARE AUTHORIZED TO ENTER INTO BINDING AGREEMENTS ON BEHALF OF THE FIRM, ITS USERS, AND AFFILIATES WHO MAY BE INTERESTED IN OUR SERVICE USING YOUR ACCOUNT. THEREFORE, THE TERMS “YOU” OR “YOUR” SHALL BE DEEMED TO REFER SUCH BODY, ITS USERS, AND AFFILIATES. IF YOU DISAGREE WITH OUR TERMS, OR WITHOUT EXPRESS AUTHORITY, DO NOT ACCEPT THIS TERMS AND CONDITIONS.
Your account will be terminated immediately on proving that you have violated any of our terms. In the event we change the terms of service, we shall post a notice on the website, or we may notify you by email. Our company cannot be held liable for all the content made available on the website, and as such you shall use our service at your discretion.
1. General Conditions
a. You shall not transmit, upload, or host unsolicited email or spam messages.
b. We do not guarantee that our service will be continuous all the time without interruptions, accurate, secure, and of your expected quality.
c. Besides, we do not guarantee reliability and accuracy from the use of our services. Even more, we cannot give assurance that the use of services and/or products purchased via our platform will meet your standards, or will be error free.
d. The account holder must not knowingly or unknowingly transmit viruses or worms that are destructive to others services or devices.
e. We offer our services “as available” basis and the account holder bears the full risk of use.
f. You comprehend that we use partners such as hosting partners and vendors to facilitate service and product delivery to sustain service delivery.
g. The account holder must not copy, reproduce, or resell part of our service without first seeking our written permission.
h. We offer support through email in English.
i. Use of derogatory language including but limited to abuse and threats to our employees or customers will lead to immediate account closure.
j. Our company shall act immediately by removing content deemed unlawful, defamatory, offensive, or pornographic, as they violate our terms and conditions.
k. You deliberately agree that no liability shall be placed upon us for consequential, incidental, direct, or for special damages that may arise from loss of goodwill, profits, or data, (even if we have prior information of the likelihood of such damages).
l. You agree that you shall bear damages arising from unauthorized access, activities of third parties, and inability to use our service.
m. Our failure to enforce the above terms and conditions does not mean waiver of such provision.
n. Inability to stick to any one of the above rules and regulations will be considered a full violation of our terms of service and will lead to immediate termination of the account and service.
o. You agree that we are all bound to the laws of California.
2. Account Terms:
a. During signup, a valid email address and full name (legal) are compulsory.
b. Our services are used for authorized and lawful purposes only. Our clients shall not use them to violate any existing laws within their jurisdiction.
c. We do not allow robots or automated tools to create accounts. All account users and creators must be human.
d. The account owner is accountable for all activities and content in his or her account, including those posted by third parties. Besides, he or she is liable for the security of the password and the account. We are not guilty of damage that may arise from failure to secure the account.
e. Minimum age requirement for account holders is 13 years.
3. Payment Plans, Upgrading, Refunds, and Downgrading Terms
a. Duties, taxes, and levies charged by the taxing authority are not included in the fees. Every individual is responsible for paying such taxes and levies, excluding the U.S. federal taxes. The credit card provided shall be billed automatically in the event of an upgrade or downgrade in the monthly billing cycle.
b. A change in billing to a yearly cycle from monthly cycle will take effect from the date of the next billing month.
c. As our policy, we treat all our clients equally. Consequently, payments for service are non-refundable and payment is deducted from card numbers at the beginning of the month. No refunds for upgrades or downgrade, for remaining months, or for partial months of service for open accounts.
d. Only free accounts are not required to have a valid credit card details. All other paid plans must give details for a valid credit card number, and upgrades to a paying plan will result in one being billed immediately.
e. We shall not be held liable for loss of service, features, or content due to downgrading an account. Moreover, an immediate refund in the difference will be executed in case of a downgrade when on a yearly plan. Upgrading will lead to immediate charge distribution to the remaining period.
f. 30 days free trial will not apply to the one time event user. The customer who subscribes the service will be charged the full amount of service fee at the first month he/her subscribes the service.
4. Service and Price Modifications
a. We shall not be held responsible to any third-party or you for closure, suspension, price change, or modification of service.
b. We have the full right to permanently or temporarily discontinue or modify full or partial service without notice.
c. We shall notify you of price changes for all our services by giving a 30-day notice through our website.
5. Copyright and Content Ownership
a. We have the right to remove any content or refuse its availability in our site, but we are not obligated to do so.
b. Materials and profile used in setting up the account remain the property of the account holder, and as such we cannot claim intellectual property rights. However, by making your profile public, you have agreed that anyone can view content in the account.
c. We reserve all rights for the services on our website. No one shall, therefore, duplicate or reuse part or full elements or concepts of our services without our written permission.
d. Our customers shall shield and defend us against any suit or a claim arising from third parties who may allege that the account holder’s content infringes upon their intellectual property rights.
6. Cancellation and Termination
a. Termination and service cancellation will lead to immediate permanent deletion of all content, and it cannot be recovered at any time.
b. Our company provides an account owner with his or her contents in the event of closure or termination of service.
c. Cancellation of the account remains solely in the hands of the account holder. He or she may do so anytime by contacting customer support through email.
d. The company has the right to terminate or suspend service in the client account, and ban any current and future use for any reason without notice. Such will lead to deletion of the customer account, and relinquishment of the content in it.
e. Contact our in case of a custom question about our terms and conditions through: firstname.lastname@example.org
CleverWaiver TERMS OF SERVICE (Oregon-SPECIFIC TERMS)
If you are a user of CleverWaiver in Oregon, USA, the below terms are incorporated into these Terms, and override these Terms to the extent of any inconsistency.
This Agreement shall be governed in all respects by the laws of the State of Oregon without regard to conflict of law provisions. All disputes arising hereunder shall be adjudicated only in the Oregon state courts having jurisdiction over disputes arising in Union County, Oregon.