Terms of Service

Updated: January 19, 2022

Welcome to Klovera.com! This Website is owned and operated by Klovera LLC, a Limited Liability Company formed in Wisconsin, United States (“Klovera”, “Company”, “Developer”, “we”, “us”, or “our”). By visiting our website, purchasing our services, or accessing the information, products, resources, and tools we provide, you understand and agree to accept and adhere to the following terms and conditions as stated in this policy.

These Terms of Service (hereafter referred to as “User Agreement”, “TOS”, “Terms of Service”, “Terms”, or “Agreement”) are an agreement between Klovera and you (“User”, “client”, “customer”, “you”, or “your”). This Agreement sets forth the general terms and conditions of your use of the products and services made available by Klovera and of the klovera.com Website (collectively, the “Services”). By using the Services, you agree to be bound by this Agreement. If you do not agree to abide by the terms of this Agreement, you are not authorized to use or access the Services.

Additional Policies and Agreements

Use of the Services is also governed by the following policies. By using the Services, you also agree to the terms of the following policies.

Additional terms may also apply to certain Services and are incorporated by reference herein as applicable. For example, if we provide maintenance or support for your website, then the Website Management & Support Agreement will also apply to you and would be incorporated herein. Likewise, if we developed or perform ongoing development for you, the Project Development Agreement will also apply to you and be incorporated herein.

Products and Services

Certain products or services may be available exclusively online through the website. These products or services may have limited quantities.

We reserve the right, but are not obligated, to limit the sales of our products or Services 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 or services that we offer. All descriptions of products or product pricing are subject to change at anytime without notice, at the sole discretion of us. We reserve the right to discontinue any product or service at any time. Any offer for any product or service made on this site is void where prohibited.

Additions

Any new features, products, services or tools which are added to our offering shall also be subject to the Terms of Service. You can review the most current version of the Terms of Service at any time on this page.

Accuracy, Completeness and Timeliness of Information

We are not responsible if information made available on this site is not accurate, complete or current. The material on this site is provided for general information only and should not be relied upon or used as the sole basis for making decisions without consulting primary, more accurate, more complete or more timely sources of information. Any reliance on the material on this site is at your own risk.

This site may contain certain historical information. Historical information, necessarily, is not current and is provided for your reference only. We reserve the right to modify the contents of this site at any time, but we have no obligation to update any information on our site.

Account Eligibility

By registering for or using the Services, you represent and warrant that:
You are eighteen (18) years of age or older. The Services are intended solely for Users who are eighteen (18) years of age or older. Any registration, use of or access to the Services, by anyone under eighteen (18) is unauthorized and is a violation of this Agreement.

If you use the Services on behalf of another party you agree that you are authorized to bind such other party to this Agreement and to act on such other party’s behalf with respect to any actions you take in connection with the Services.

It is your responsibility to provide accurate, current, and complete information on Service forms. Klovera is not responsible for any lapse in the Services due to outdated or incorrect contact information. If you need to verify or change your contact information, please email team@klovera.com. Providing false contact information of any kind may result in the termination of Services.

You agree to be fully responsible for all use of your account information and for any actions that take place through your account. It is your responsibility to maintain the confidentiality of your passwords and other information related to the security of your account.

3rd Party Tools

We may provide you with access to third-party tools over which we neither monitor nor have any control nor input.

You acknowledge and agree that we provide access to such tools ”as is” and “as available” without any warranties, representations or conditions of any kind and without any endorsement. We shall have no liability whatsoever arising from or relating to your use of third-party tools.

Any use by you of optional tools offered through the Services is entirely at your own risk and discretion and you should ensure that you are familiar with and approve of the terms on which tools are provided by the relevant third-party provider(s).

We may also, in the future, offer new services and/or features through the website (including, the release of new tools and resources). Such new features and/or services shall also be subject to these Terms of Service.

3rd Party Links

Certain content, products and services available via our Services may include materials from third-parties.

Third-party links on this Website may direct you to third-party websites that are not affiliated with us. We are not responsible for examining or evaluating the content or accuracy and we do not warrant and will not have any liability or responsibility for any third-party materials or websites, or for any other materials, products, or services of third-parties. We provide such hyperlinks for your reference only. We do not control such websites and are not responsible for their contents or the privacy or other practices of such websites. Further, it is your responsibility to take precautions to ensure that whatever links you click on or software that you download, whether from this Website or other websites or applications, is free of such items as viruses, worms, trojan horses, defects and other items of a destructive nature. Our inclusion of hyperlinks to such websites does not imply any endorsement of the material on such websites or any association with their operators.

We are not liable for any harm or damages related to the purchase or use of goods, services, resources, content, or any other transactions made in connection with any third-party websites. Please review carefully the third-party’s policies and practices and make sure you understand them before you engage in any transaction. Complaints, claims, concerns, or questions regarding third-party products should be directed to the third-party.

Prohibited Uses

You agree that you will use the Services in accordance with all applicable laws, rules, regulations and these Terms at all times. The following is a non-exhaustive list of prohibited uses. You agree that you will not perform any of the following prohibited uses:

  1. Utilize the Services for any unlawful purpose;
  2. Solicit others to perform or participate in any unlawful acts;
  3. Violate any international, federal, provincial, or state regulations, laws, or, local ordinances;
  4. Infringe upon or violate our intellectual property rights or the intellectual property rights of others;
  5. Harass, abuse, insult, harm, defame, slander, disparage, intimidate, or discriminate based on gender, sexual orientation, religion, ethnicity, race, age, national origin, or disability;
  6. Submit false or misleading information;
  7. Upload or transmit viruses or any other type of malicious code that will or may be used in any way that will affect the functionality or operation of the Services or of any related website, other websites, or the Internet;
  8. Utilize the Services for any obscene or immoral purpose;
  9. Interfere with or circumvent the security features of the Service or any related website, other websites, or the Internet.
  10. Impersonate or attempt to impersonate Klovera LLC or its employees, representatives, subsidiaries, or divisions;
  11. Misrepresent your identity or affiliation with any person or entity;
  12. Send or attempt to send any advertising or promotional material, including but not limited to spam, junk mail, chain mail or any similar material;
  13. Engage in any conduct that restricts or inhibits any person’s use or enjoyment of the Services, or which, as determined in our sole discretion, may harm us or the users of Services or expose us or other users to liability;
  14. Use the Services in any manner that could disable, overburden, damage or impair the Services or interfere with another party’s use of the Services;
  15. Use any robot, spider or other similar automatic technology, process or means to access or use the Services for any purpose, including monitoring or copying any of the material on this Website;
  16. Use any manual process or means to monitor or copy any of the material on this Website or for any other unauthorized purpose;
  17. Use any device, software, means or routine that interferes with the proper working of the Website, including but not limited to viruses, trojan horses, worms, logic bombs or other such materials;
  18. Attempt to gain unauthorized access to, interfere with, damage or disrupt any parts of the Services including this Website, the server(s) on which the Website is stored, or any server, computer or database connected to the Website;
  19. Attempt to attack or engage in attacking the Website via a denial-of-service attack or a distributed denial-of-service attack;
  20. Otherwise attempt to interfere with the proper working of the Services;

We reserve the right to terminate your use of the Service or any related website for violating any of the prohibited uses.

User Comments, Feedback, and Other Submissions

If, at our request or without a request from us, you send certain specific submissions, whether online, by email, by postal mail, or otherwise (collectively, ‘comments’), you agree that we may, at any time, without restriction, edit, copy, publish, distribute, translate and otherwise use in any medium any comments that you forward to us. We are and shall be under no obligation (1) to maintain any comments in confidence; (2) to pay compensation for any comments; or (3) to respond to any comments.

We may, but have no obligation to, monitor, edit or remove content that we determine in our sole discretion are unlawful, offensive, threatening, libelous, defamatory, pornographic, obscene or otherwise objectionable or violates any party’s intellectual property or these Terms of Service.

You agree that your comments will not violate any right of any third-party, including copyright, trademark, privacy, personality or other personal or proprietary right. You further agree that your comments will not contain libelous or otherwise unlawful, abusive or obscene material, or contain any computer virus or other malware that could in any way affect the operation of the Service or any related website. You may not use a false e-mail address, pretend to be someone other than yourself, or otherwise mislead us or third-parties as to the origin of any comments. You are solely responsible for any comments you make and their accuracy. We take no responsibility and assume no liability for any comments posted by you or any third-party.

NO WARRANTY ON WEBSITE

THIS WEBSITE IS PROVIDED “AS IS,” NO WARRANTY, EXPRESS OR IMPLIED (INCLUDING ANY IMPLIED WARRANTY OF MERCHANTABILITY, OF SATISFACTORY QUALITY OR FITNESS FOR A PARTICULAR PURPOSE OR USE) SHALL APPLY TO THIS WEBSITE, WHETHER ARISING BY LAW, COURSE OF DEALING, COURSE OF PERFORMANCE, USAGE OF TRADE OR OTHERWISE.

Availability, errors and inaccuracies

We assume no liability for the availability, errors or inaccuracies of the information, products or services provided on this Website. We may experience delays in updating information on this Website and in our advertising on other websites. The information, products and services found on the Website may contain errors or inaccuracies or may not be complete or current. Products or services may be incorrectly priced or unavailable. We expressly reserve the right to correct any pricing errors on our Website. The inclusion or offering of any product or service on this Website does not constitute an endorsement or recommendation of such product or service by us.

No Legal Advice

Any information contained on this Website is not legal advice and should not be treated as such. You should always contact an attorney for help with your specific legal needs and issues.

Disclaimer of Warranties; Limitation of Liability

You expressly agree that your use of, or inability to use, the Services is at your sole risk. The Services and all products and services delivered to you through the Services are (except as expressly stated by us) provided ‘as is’ and ‘as available’ for your use, without any representation, warranties or conditions of any kind, either express or implied, including all implied warranties or conditions of merchantability, merchantable quality, fitness for a particular purpose, durability, title, and non-infringement.

In no case shall Klovera LLC, our directors, officers, employees, affiliates, agents, contractors, interns, suppliers, service providers or licensors be liable for any injury, loss, claim, or any direct, indirect, incidental, punitive, special, or consequential damages of any kind, including, without limitation lost profits, lost revenue, lost savings, loss of data, replacement costs, or any similar damages, whether based in contract, tort (including negligence), strict liability or otherwise, arising from your use of any of the Service or any products procured using the service, or for any other claim related in any way to your use of the service or any product, including, but not limited to, your reliance upon opinions or information appearing on this website, any errors or omissions in any content, or any loss or damage of any kind incurred as a result of the use of the service or any content (or product) posted, transmitted, or otherwise made available via the service, even if advised of their possibility, any computer viruses, information, software, linked websites operated by third parties, products or services obtained through this website.

THIS LIMITATION OF LIABILITY REFLECTS THE ALLOCATION OF RISK BETWEEN YOU AND US. THE LIMITATIONS SPECIFIED IN THIS SECTION WILL SURVIVE AND APPLY EVEN IF ANY LIMITED REMEDY SPECIFIED IN THESE TERMS OF USE IS FOUND TO HAVE FAILED OF ITS ESSENTIAL PURPOSE. THE LIMITATIONS OF LIABILITY PROVIDED IN THESE TERMS OF USE INURE TO THE BENEFIT OF KLOVERA LLC. THE AGGREGATE LIABILITY OF KLOVERA LLC. ARISING OUT OF OR RELATING TO THIS WEBSITE, WHETHER ARISING OUT OF OR RELATED TO BREACH OF CONTRACT, TORT (INCLUDING NEGLIGENCE) OR OTHERWISE SHALL BE LIMITED TO THE AMOUNT OF FEES ACTUALLY RECEIVED BY KLOVERA LLC BY YOU.

Intellectual property and DMCA notice and procedure for intellectual property infringement claims

All contents of this Website are ©2009 – 2022 Klovera LLC or third parties. All rights reserved. Unless specified otherwise, this Website and all content and other materials on this Website including but not limited to all logos, designs, text, graphics, pictures, information, data, software, sound files and arrangement thereof (collectively, “Content”) are the proprietary property of Klovera LLC and are either registered trademarks, trademarks or otherwise protected intellectual property of Klovera LLC or third parties in the United States and/or other countries.

If you are aware of a potential infringement of our intellectual property, please contact Klovera Mgmt. Team at team@klovera.com.

We respect the intellectual property rights of others. It is our policy to respond to any claim that Content posted on the Website infringes on the copyright, trademark or other intellectual property rights of any person or entity.

If you believe in good faith that the Content infringes on your intellectual property rights, you or your agent may send us a written notice of such infringement titled “Infringement of Intellectual Property Rights – DMCA.” Your notice to us must include the following information:

  1. An electronic or physical signature of the person authorized to act on behalf of the owner of the intellectual property right’s interest;
  2. A description of the work that you claim has been infringed, including the URL (i.e., web page address) of the location where the work exists or a copy of the work;
  3. Your name, email, address and telephone number; and
  4. A statement by you that you have a good faith belief that the disputed use is not authorized by the owner of the work, its agent or the law.

Please note that we will not process your complaint if it is not properly filled out or is incomplete. You may be held accountable for damages, including but not limited to costs and attorneys’ fees for any misrepresentation or bad faith claims regarding the infringement of your intellectual property rights by the Content on this Website.

You may submit your claim to us by contacting us at:

Klovera LLC
2800 E Enterprise Ave
Suite 333
Appleton, WI 54913
United States

Governing law, severability, dispute resolution and venue

These Terms shall be governed and construed in accordance with the laws of the state of Wisconsin, United States, without regard to its conflict of laws provisions. THESE TERMS SHALL NOT BE GOVERNED BY THE UNITED NATIONS CONVENTION ON CONTRACTS FOR THE SALE OF INTERNATIONAL GOODS, THE UNIFORM COMMERCIAL CODE, NOR INCOTERMS.

Our failure to enforce any right or provision of these Terms will not be considered a waiver of that right or provision. If any provision of these Terms is held to be invalid or unenforceable by a court, the remaining provisions of these Terms will remain in effect. These Terms constitute the entire agreement between you and us regarding our Services, and supersede and replace any prior agreements we might have had with you regarding the Services.

Any controversy or claim arising out of or relating to these Terms including but not limited to the interpretation or breach thereof shall be resolved in a court of competent jurisdiction in Wood County, Wisconsin.

YOU AND KLOVERA LLC AGREE THAT EACH MAY BRING CLAIMS AGAINST THE OTHER ONLY IN YOUR OR ITS INDIVIDUAL CAPACITY AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY CLASS OR REPRESENTATIVE ACTION.

Effect of Headings

The subject headings of the paragraphs and subparagraphs of this Agreement are included for convenience only and shall not affect the construction or interpretation of any of its provisions.

Entire Agreement; Modification; Waiver

This Agreement together with all exhibits, appendices or other attachments, which are incorporated herein by reference, is the sole and entire Agreement between the parties. This Agreement supersedes all prior understandings, agreements and documentation relating to such subject matter. In the event of a conflict between the provisions of the main body of the Agreement and any attached exhibits, appendices or other materials, the Agreement shall take precedence.

Changes to Terms of Service

You can review the most current version of the Terms of Service at any time at this page.

We reserve the right to change this Agreement from time to time without notice. You acknowledge and agree that it is your responsibility to review this Agreement periodically to familiarize yourself with any modifications. Your continued use of this site and related Services after such modifications will constitute acknowledgment and agreement of the modified terms and conditions.

Contacting us

If you have any questions about the Terms of Service please contact us using the information below.

Klovera LLC
2800 E Enterprise Ave
Suite 333
Appleton, WI 54913
United States
team@klovera.com