ATTENTION: THIS IS A LEGALLY-BINDING CONTRACT. PLEASE READ THE TERMS OF SERVICE CAREFULLY BEFORE USING SERVICES PROVIDED BY CLOWDER. THIS AGREEMENT GOVERNS YOUR RELATIONSHIP WITH CLOWDER AND USE OF THE SERVICES PROVIDED BY CLOWDER. YOU ARE HEREBY ASKED TO ACCEPT THIS TERMS OF SERVICE AND MAY USE THE SERVICES PROVIDED BY CLOWDER ONLY ON THE CONDITION THAT YOU ACCEPT ALL OF THE TERMS AND CONDITIONS CONTAINED HEREIN. USING THE SERVICES PROVIDED BY CLOWDER INDICATES THAT YOU ACCEPT THIS TERMS OF SERVICE. IF YOU DO NOT ACCEPT THIS TERMS OF SERVICE, DO NOT USE THE CLOWDER WEBSITE, OR SERVICES.
Notice Regarding Dispute Resolution: This Agreement contains provisions that govern how claims you and us may have against each other are resolved, including an agreement to arbitrate disputes, which will require you to submit claims you have against us to binding arbitration. Please read the arbitration provision in this agreement as it affects your rights under this agreement.
Minors Prohibited: Only individuals who are at least 18-years old may access our Service. We forbid all individuals who do not meet these age requirements from accessing our Service.
Last Updated: February , 2023
Please read this terms-of-service agreement (this “Agreement”), which is a legal agreement between you and Clowder, a Virginia corporation (“Clowder”, “us” or “we”) that governs your use of this service (the “Service”), including any content, functionality, and services offered on or through the Service including as provided through the Clowder™ mobile application. You may access the Service only if you agree to this agreement.
We are not liable for anything that you post or say while you are on the Service. We don’t monitor the content posted to the Service, but if we do see, or someone tells us that you’ve posted, something that we consider inappropriate or offensive, we will remove it and may take appropriate action against you.
We may change this agreement on one or more occasions by updating this page. The top of this page will tell you when we last updated this agreement. Changes take effect on the “last updated” date stated on the top of this page. We will consider your continued use of the Service after we post the changes as your acceptance of the changes even if you do not read them. If you do not agree to the changes, your sole remedy is to cancel your account and stop accessing the Service.
We may withdraw or amend our Service, and any service or material provided on it, in our sole discretion without notice. We will not be liable if for any reason all or any part of the Service is unavailable at any time or for any period. From time to time, we may restrict access to some parts of the Service, or the entire Service, to users, including registered users.
By visiting Clowder's website (hereinafter the "Website"), subscribing to Clowder’s Services, and/or utilizing the Services, you are indicating that you have read, understood, and agree to be bound by the terms of this Agreement. The Clowder may refuse access to the Services for noncompliance with any part of this Agreement.
This Agreement may be updated or amended by us from time to time without notice to you. Please check back periodically to learn of any updates or amendments. When using the Services, you shall be subject to any posted guidelines or rules applicable to such services which may be posted from time to time. All such guidelines or rules are hereby incorporated by reference into this Agreement.
The Services, our technology and software application, and any updates or improvements to the Services and/or our technology, are owned by Clowder and its licensors. Clowder and its licensors own all copyrights, patents, trademarks, trade secrets, and other intellectual property rights relating to or residing in our Services.
You understand that our Services and technology contain valuable software and confidential information and you agree that you will not copy, modify, reverse engineer, de-compile, attempt to derive the source code of, create other works from, or disassemble any of our software without our prior written consent. Clowder reserves all rights not expressly granted to you.
Our name and logo; the Service’s logo; and all related names, domain names, logos, product and service names, designs, and slogans, as well as the Service’s look and feel, including all page headers, custom graphics, button icons, and scripts are trademarks or trade dress of ours, our affiliates, or licensors. You must not use those marks in whole or in part in connection with any product or service that is not ours, in any manner that is likely to cause confusion among consumers, or in any manner that disparages or discredits us, without first obtaining our prior written permission. Any use of these marks must be under any guidelines that we may provide you from time to time. All other service marks, trademarks, trade names, logos, product and service names, designs, and slogans on this Service are the marks of their respective owners. Reference on the Service to any products, services, processes, or other information, by trade name, trademark, manufacturer, supplier, or otherwise does not constitute or imply our endorsement, sponsorship, or recommendation or any other affiliation.
We hereby grant you a limited, nonsublicensable license (i.e., a personal and limited right) to access and use the Service for your noncommercial use only.
You are responsible for maintaining the confidentiality of account information and for restricting access to your account. You agree to accept responsibility
and liability for all activities that occur under your account whether lawful or unlawful. You are also solely responsible for all uses of your account, whether or not actually or expressly authorized by you. Persons under the age of 18 years may use the Services ONLY with involvement of a parent or guardian.
Clowder reserves the right to refuse use of the Services, terminate accounts, or cancel orders in our sole discretion. Violation of this Agreement may result in immediate suspension of your account. In order to ensure that Clowder is able to provide high quality services that are responsive to your needs, you agree to allow our employees to access your account and records on a case-by-case basis to investigate complaints. We will not disclose the existence or occurrence of such an investigation unless required by law, including but not limited to a court order or an order of any other administrative or regulatory agency.
By using our Website as a Visitor, you represent that you are of legal age to acquire the goods/services you are seeking through our Website.
For registrants, a user name and password will be assigned by us or chosen by you. You understand and agree that you are responsible for maintaining the secrecy of your password and for activities occurring under your account. You should change your password promptly and notify us immediately if you believe that others are accessing your account. You understand and agree that you will not transfer or loan your username and password to others, or allow others to use your username and password in a manner that is inconsistent with this Agreement. You must not sell, rent, lease, share, or provide access to your account to anyone else, including charging anyone for access to administrative rights on your account. We may disable any username, password, or other identifier, whether chosen by you or provided by us, at any time in our sole discretion for any reason or no reason, including
if, in our opinion, you have breached any part of this agreement. You cannot use our Services until after we have verified the email address you provide during registration.
We care about the integrity and security of your personal information. But we cannot guarantee that unauthorized persons will never be able to defeat the Service’s security measures or use any personal information you provide to us for improper purposes. You acknowledge that you provide your personal information at your own risk. We will not be liable for any loss that you may incur because of someone else using your password or account, either with or without your knowledge. You could be held liable for losses incurred by us or another person because of someone else using your password or account.
The Website is not designed or intended to attract children under the age of 18. Clowder is not responsible for determining the age of its users and has no liability whatsoever should an unpermitted minor access our Website. We do not collect any personally identifiable information, whether or not such information is voluntarily provided, from any person we actually know is under the age of 18. If we are made aware that we have actually collected information about a person under the age of 18, we will remove that information from our records in a timely fashion.
You may terminate your account with Clowder at any time; however, you are not entitled to a refund of any amounts paid by you. We may terminate your account without notice or refund to you in our sole discretion, including but not limited to, if you violate this Agreement or any other guidelines or rules posted by Clowder, and with no liability to Clowder. If your account is terminated, Clowder reserves the right to remove your account information along with any software settings from our servers with NO liability or notice to you. On termination of this Agreement, any provision which, by its nature or express terms should survive, will survive the termination of this Agreement.
You are responsible for the content of the messages you communicate when using our Services as well as the consequences of those messages. You agree that your content will not:
Involve activities that are illegal, obscene, threatening, defamatory, invade privacy, infringe intellectual property rights, or otherwise injure third parties or are objectionable.
Use a false e-mail address, impersonate any person or entity, or otherwise mislead us as to your identity
Promote violence or discrimination based on race, sex, religion, nationality, disability, sexual orientation, or age.
Infringe any copyright, patent, trademark, trade secret, or other intellectual property or other rights of any other person.
In any way likely to deceive any person.
Promote or solicit any illegal activity, or advocate, promote, or assist any unlawful act.
Cause annoyance, inconvenience, or needless anxiety or be likely to upset, embarrass, alarm, or annoy any other person.
Impersonate any person or misrepresent your identity or affiliation with any person or organization.
Involve commercial activities or sales, such as contests, sweepstakes, and other sales promotions, barter, or advertising.
Give the impression that they emanate from or are endorsed by us or any other person or entity, if that is not the case.
Contain viruses, worms, Trojan horses, or any other computer code, files, or programs designed to interrupt, destroy, or limit the functionality of any computer software, hardware, mobile device, or telecommunications equipment.
Depict private or personal information of any person without their written consent.
Request personal information from or share personal information with any user, including financial information, email address, telephone number, or mailing address.
Request money from, or otherwise defraud other Service users.
Clowder’s Website and/or Services may display, include or make available content, data, factual information, applications, including but not limited to third party applications, software, viruses, or materials from third parties ("Third-Party Materials"). Such Third-Party Materials are provided solely as a convenience to you. You acknowledge and agree that Clowder is not responsible for examining or evaluating the content, accuracy, completeness, timeliness, validity, copyright compliance, legality, decency, quality or any other aspect of such Third-Party Materials. Clowder does not warrant or endorse and does not assume and will not have any liability or responsibility to you or any other person for any Services, Third-Party Materials, or for any other materials, products, or services of third parties. Although we provide rules for user conduct and postings, we do not control nor are not responsible for what users post, transmit or share on our Website. Furthermore, we are not responsible for any offensive, inappropriate, obscene, unlawful or otherwise objectionable content you may encounter on our Website. Clowder is not responsible for the conduct, whether online or offline, of any user of the Website or Services.
Clowder may be temporarily unavailable from time to time for maintenance or other reasons. Clowder assumes no responsibility for any error, omission, interruption, deletion, defect, delay in operation or transmission, communications line failure, theft or destruction or unauthorized access to, or alteration of, user communications. Clowder is not responsible for any technical malfunction in your use of our Website, including, but not limited to, problems with using the Website and/or Services, loss of personal content on our Website, and lost or undeliverable email. Under no circumstances will Clowder be responsible for any loss or damage, including, but not limited to
personal injury or death, resulting from use of our Website or Services, or any interactions between users of our Website, whether online or offline.
Our Website may contain links to other websites ("Third-Party Websites"). You understand and agree that Clowder has no control over the content of
Third-Party Websites, especially with regards to the accuracy, reliability, and timeliness of their content. You understand and agree that your use and reliance on any content from Third-Party Websites is solely at your own risk. You understand and agree that Clowder is in no way liable for any damages to you that may arise from such use or reliance, regardless of the fact that you reached one or more Third-Party Websites through our Website.
You understand and agree that Clowder reserves the right, but is under no obligation, to monitor all advertisements, public postings and messages to ensure that they conform to our content guidelines. We also reserve the right to monitor all messages that take place through our Website. You understand and agree that monitoring is at our discretion and that we cannot and do not monitor every message or other material posted or sent by users of our Website. You understand and agree that Clowder is not responsible in any way for monitoring or failing to monitor any offensive or obscene materials that may be transmitted or posted by other users, including, but not limited to authorized users, unauthorized users, hackers, etc. Furthermore, you also understand and agree that Clowder is not responsible for the use of any personal information that a user may choose to post on our Website. Clowder reserves the right to delete, move, or edit messages or materials, including, but not limited to, advertisements, public postings, and messages that we, in our sole discretion, deem necessary to be removed.
You understand that our Website and any emails you receive from Clowder or our affiliates may include advertisements, user-contributed materials (such as blogs or discussion groups), testimonials and opinions from other
individuals, including, but not limited to, users of our Website, manufacturers and service providers, and other industry professionals. You understand and agree that such advertisements, user-contributed materials, testimonials, and opinions are considered those of the individual that gave them and in no way represent a warranty of our Website and/or Services. Furthermore, you understand and agree that Clowder is no way liable for the content and your reliance on it of any such advertisements, user-contributed materials, testimonials, and opinions.
All users of our Website and Services understand and agree to the following rules of conduct while using our Website and/or Services:
You agree to use our Website, its content, and our Services solely for their intended purposes and solely for lawful purposes.
You agree to abide by this Agreement which you acknowledged at the time of registering for our Services and with any updates or amendments that may be included from time to time by Clowder.
You agree to not in any way attempt to use any method to gain unauthorized access to any paid features of our Website.
You agree to not copy, print (except for personal use), republish, display, distribute, transmit, sell, rent, lease, loan or otherwise make available in any form or by any means all or any portion of our Website, its content, and our Services.
You agree to not use our Website or any content obtained from it to develop, of use as a component of, any information, storage and retrieval system, database, information base, or similar resource (in any media now existing or hereafter developed), that is offered for commercial distribution of any kind, including through sale, license, lease, rental, subscription, or any other commercial distribution mechanism.
You agree to not use automated scripts to collect information from or otherwise interact with the Services or our Website.
You agree to not use our Website or Services to "stalk" or otherwise harass another person.
You agree to not harvest or collect email addresses or other contact information from users of our Website and Services for the purposes of sending unsolicited emails or other unsolicited communications.
You agree not to send, knowingly receive, upload, download, use, or re-use any material which does not comply with the Rules of Conduct stated in this Agreement.
You agree not to impersonate or try to impersonate us, our employee, another user, or any other person or entity (including by using email addresses or usernames associated with any of the preceding).
You agree not to use the Service in any way that could disable, overburden, damage, or impair the Service or interfere with any other person’s use of the Service, including their ability to engage in real-time activities through the Service.
You agree not to use any robot, spider, or other automatic device, process, or means to access the Service for any purpose.
You agree not to use any device, software, or routine that interferes with the proper working of the Service.
You agree not to introduce any viruses, Trojan horses, worms, logic bombs, or other material that is malicious or technologically harmful.
You agree not to attack the Service via a denial-of-service attack or a distributed denial-of-service attack.
You agree not to otherwise try to interfere with the Service’s proper working.
You acknowledge and agree that the availability of the Service is dependent on the third party from whom you received the Service license and related software (the “App-Enabled Software”), e.g., the Apple App Store or Google Play (each, an “App Store”). In order to use the Service, you must have access to a wireless network, and you agree to pay all fees associated with such access. You also agree to pay all fees (if any) charged by the App Store in connection with Service.
You agree to comply with, and your license to use the Service is conditioned upon your compliance with all terms of agreement imposed by the applicable App Store when using any Service. Accordingly, you acknowledge and agree as follows:
This Agreement is between you and us and not with the App Store. As between us and the App Store, we, and not the App Store, are solely responsible for the Service and the content thereof.
The license granted to you for use of the App-Enabled Software is limited to a non-transferable license to use the Service on any Apple or Google-branded products that you own or control and as permitted by the usage rules set forth in the relevant App Store Terms of Service, except that such Service may be accessed, acquired, and used by other accounts associated with you via Family Sharing or volume purchasing.
As between us and the App Store, we, and not the App Store, are solely responsible for and maintenance and support services with respect to the Service (as specified in this Agreement, or as required under applicable law). As between us and the App Store, we, and not the App Store, are solely responsible the warranty on the Service (whether express or implied) therefor. In the event of any failure of the Service to conform to any applicable warranty, you may notify the App Store, and the App Store will refund the purchase price, if any, for the App-Enabled Software to you; and that, to the maximum extent permitted by applicable law, the App Store will have no other warranty obligation whatsoever with respect to the Service, and any other claims, losses, liabilities, damages, costs or expenses attributable to any failure to conform to any warranty, if any, will be the sole responsibility of us.
As between us and the App Store, we, and not the App Store, are solely responsible for addressing any claims relating to the Service (e.g., product liability, legal compliance or intellectual property infringement).
As between us and the App Store, we, and not the App Store, are responsible for addressing any claims of you or any third party relating to the
App-Enabled Software or your possession and/or use of that App-Enabled Software, including, but not limited to: (i) product liability claims; (ii) any claim that the App-Enabled Software fails to conform to any applicable legal or
regulatory requirement; and (iii) claims arising under consumer protection or similar legislation.
In the event of any third party claim that the App-Enabled Software or your or any other the end-user's possession and use of that App-Enabled Software infringes that third party's intellectual property rights, as between us and the App Store, we, and not the App Store, will be solely responsible for the investigation, defense, settlement and discharge of any such intellectual property infringement claim.
You represent and warrant that (i) you are not located in a country that is subject to a U.S. Government embargo, or that has been designated by the
U.S. Government as a “terrorist supporting” country; (ii) you are not listed on any U.S. Government list of prohibited or restricted parties; and (iii) you are not located in any other country or jurisdiction from which you would be barred from using the Service by applicable law.
277 S. Washington St. Ste. 210
Alexandria VA., 22314
(833) 256 - 9337
You may not use the Service or the App-Enabled Software in any manner in violation of or inconsistent with the usage rules for App-Enabled Software in, or otherwise be in conflict with, the App Store Terms of Service or any other applicable third-party terms and conditions.
You acknowledge that the App Store (and its affiliates) are third-party beneficiaries of this Agreement and that, upon your acceptance of the terms and conditions of this Agreement, the App Store will have the right (and will be deemed to have accepted the right) to enforce this Agreement against you with respect to the App-Enabled Software as a third-party beneficiary thereof. We may amend, terminate or rescind this Agreement without the consent of the App Stores or any such subsidiary.
To the extent you access the Service through a mobile device, your wireless service carrier's standard charges, data rates and other fees may apply, and you are solely responsible for such charges and fees.
Unless we otherwise agree in writing, this website and the services are provided on an "as is" and "as available" basis, without warranty of any kind. to the maximum extent permitted by law, Clowder expressly disclaims all warranties, whether express, implied, or statutory, regarding the website and services, including, but not limited to, the implied warranties of title, merchantability, fitness for a particular purpose, and non-infringement.
Clowder does not represent or warrant that the services will be error free, secure, virus free, or without interruption.
Neither of us will be liable to the other for any consequential, incidental, indirect, special, or exemplary damages of any kind, including without limitation any loss of use, loss of business, or loss of profit or revenue, arising out of or in connection with services provided by us (however arising, including negligence), even if we are aware of the possibility of such damages. Clowder’s total cumulative liability in connection with the services rendered, whether in contract or tort or otherwise, will not exceed any amounts paid by you for services rendered during the twelve (12) month period immediately preceding the date on which such liability arose.
You agree to indemnify, defend and hold harmless Clowder, its affiliates, officers, directors, employees, consultants and agents from and against any and all third party claims, losses, liability, damages and/or costs (including, but not limited to, attorney’s fees) directly or indirectly arising out of or relating to your use of, or conduct on, Clowder's website or services, your violation or breach of this Agreement, your infringement, or infringement by any other user of your account, of any intellectual property or other right of any person or entity, your dispute with any other user, your violation of law or the rights of any person, including publicity, and privacy rights. Our rights under this section do not affect other rights we might have.
If you are dissatisfied with the Service or have any other complaint, your exclusive remedy is to terminate your account (if you have one) and stop using the Service.
Waiver of California Civil Code Section 1542—California Residents Only. With respect to the releases of liability set out in this agreement, you acknowledge that you understand the consequences of entering into the general release and discharge of all known and unknown claims as stated in this agreement and that you are familiar with the provisions of section 1542 of the California Civil Code, which provides that: A general release does not extend to claims that the creditor or releasing party does not know or suspect to exist in his or her favor at the time of executing the release and that, if known by him or her, would have materially affected his or her settlement with the debtor or released party. You waive all rights under section 1542 and any other federal or state statutes or laws of similar effect.
This Agreement will be binding upon, and will inure to the benefit of, your and Clowder ’s successors, assigns, and licensees.
This Agreement shall be governed by and construed in accordance with the laws of the Commonwealth of Virginia, without giving effect to its conflict of laws doctrine or to the conflict of laws doctrine of your actual state or country of residence.
Each party waives its right to a jury trial in proceedings arising out of or relating to this Agreement. All claims must be brought in the parties’ individual capacity, and not as a plaintiff or class member in any purported class or representative proceeding, and, unless we agree otherwise, the court will not consolidate more than one person’s claims. Both parties acknowledge that each party is waiving the right to participate in a class action. You will not file a claim arising out of or relating to the Service or this agreement more than one year after the cause of action arose. Any claim brought after one year is barred.
In the event of a dispute between us arising out of or in connection with this Agreement, such dispute shall be resolved by arbitration in the City of Alexandria, VA, upon either party’s written request, by one (1) arbitrator administered by the American Arbitration Association pursuant to the then current Commercial Arbitration Rules of the American Arbitration Association (the “AAA Rules”). In the event of any conflict between the AAA Rules and the provisions of this Agreement, the provisions of this Agreement shall prevail.
The parties agree that such arbitration shall be administered as follows:
(i) The English language shall be used as the written and spoken language for all matters with all references to arbitration. The decision of the arbitrator shall be made in writing. (ii) The decision of the arbitrator shall be final and binding on the parties, save in the event of fraud, manifest mistake or failure by the arbitrator to disclose any conflict of interest. (iii) The decision of the arbitrator may be enforced by any court of competent jurisdiction and may be executed against the person and assets of the losing party in any jurisdiction. For the avoidance of doubt, such court includes any court that is authorized to make such an order by virtue of any treaty or legislation relating to the reciprocal enforcement of foreign arbitral awards or judgments. (iv) Nothing in this Section shall prevent a party from seeking or obtaining equitable relief from a court of competent jurisdiction, whether before, during or after arbitration proceedings.
We reserve the right to make changes to the Website, our Services, this Agreement and applicable policies and guidelines at any time. A waiver by Clowder of its rights hereunder will not be binding unless contained in a writing signed by an authorized representative of Clowder. Clowder's
non-enforcement or waiver of any provision on one (1) occasion does not constitute a waiver of such provision on any other occasions unless expressly so agreed in writing.
If any condition of this Agreement is deemed invalid, void, or unenforceable for any reason, that condition will be severed from this Agreement and will not affect the validity and enforceability of any remaining condition.
If you have any questions regarding this Agreement, please contact us at firstname.lastname@example.org.
277 S. Washington St. Ste. 210
Alexandria VA., 22314
(833) 256 - 9337
Complaints—California Residents Only. You may contact in writing the Complaint Assistance Unit of the Division of Consumer Services of the Department of Consumer Affairs at 1020 North Street, #501, Sacramento, California 95814, or by telephone at +1 (916) 445-1254.