Effective Date: May 24, 2017
Last Modified: May 24, 2017
The KleanKars Services are offered and available to users who are 18 years of age or older, and reside in the United States or any of its territories or possessions, and to users that have legal capacity to form a binding contract. By using any of KleanKars Services, you represent and warrant that you are of legal age to form a binding contract with the Company and meet all of the foregoing eligibility requirements. If you do not meet all of these requirements, you must not access or use the KleanKars Services.
- Accessing the KleanKars Services and Account Security
We reserve the right to withdraw or amend the KleanKars Services, and any service or material we provide through the KleanKars Services, in our sole discretion without notice. We will not be liable if for any reason all or any part of the KleanKars Services is unavailable at any time or for any period. From time to time, we may restrict access to some parts of the KleanKars Services, or the entire KleanKars Services (whether such be to the website or any of its mobile applications), to users, including registered users.
You are responsible for:
- Making all arrangements necessary for you to have access to the KleanKars Services.
If you choose, or are provided with, a user name, password, or any other piece of information as part of our security procedures, you must treat such information as confidential, and you must not disclose it to any other person or entity. You also acknowledge that your account is personal to you and agree not to provide any other person with access to the KleanKars Services or portions of it using your user name, password, or other security information. You agree to notify us immediately of any unauthorized access to or use of your user name or password or any other breach of security. You also agree to ensure that you exit from your account at the end of each session. You should use particular caution when accessing your account from a public or shared computer so that others are not able to view or record your password or other personal information.
- Intellectual Property Rights
All KleanKars Services and their entire contents, features, and functionality (including, but not limited to, all information, software, programs, source code, patches, text, displays, images, video, and audio, and the design, selection, and arrangement thereof) are owned by the Company, its licensors, or other providers of such material and are protected by applicable United States and international copyright, trademark, patent, trade secret, and other intellectual property or proprietary rights laws.
You must not reproduce, distribute, modify, create derivative works of, publicly display, publicly perform, republish, download, store, or transmit any of the material on our KleanKars Services, except as follows:
- Your computer may temporarily store copies of such materials in RAM incidental to your accessing and viewing those materials.
- You may store files that are automatically cached by your Web browser for display enhancement purposes.
- As applicable, (i) for personal, non-commercial use, you may print or download one copy of a reasonable number of pages/materials of the KleanKars Services and not for further reproduction, publication, or distribution; or (ii) for KleanKars Buddy EULA registrants, you may print or download copies of a reasonable number of pages/materials of the KleanKars Services so long as you fully comply with all terms and conditions of the KleanKars Buddy EULA and any other Company policies and procedures and not for further reproduction, publication, or distribution.
- In order to download our desktop, mobile, or other applications, you may download a single copy to your computer, smartphone, or other mobile device subject to the following conditions: (i) for personal users, solely for your own personal, non-commercial use, provided you agree to be bound by our KleanKars Customer End User License Agreement (found at http://kleankars.com/customereula); or (ii) for commercial users, so long as you fully comply with all terms and conditions of the KleanKars Buddy EULA (found at http://kleankars.com/buddyeula) and any other Company policies and procedures.
- If we provide social media features with certain content, you may take such actions as are enabled by such features.
You must not:
- Modify copies of any materials from our website(s) or mobile applications.
- Use any illustrations, photographs, video or audio sequences, or any graphics separately from the accompanying text.
- Delete or alter any copyright, trademark, or other proprietary rights notices from copies of materials from this site.
Unless you have read, accepted and fully comply with the KleanKars Buddy EULA, you must not access or use for any commercial purposes any part of the KleanKars Services or any services or materials available through the KleanKars Services.
If you wish to make any use of material on the KleanKars Services other than that set out in this section, please address your request to: KleanKars Customer Service at customerservice@KleanKars.com.
The Company name, the terms KleanKars Buddy(ies), KleanKars Customers, KleanKars Kits, and similar terms incorporating the KleanKars name, the Company logos, and all related names, logos, product and service names, designs, trademarks, trade dress, service marks, and slogans are trademarks of the Company or its affiliates or licensors. You must not use such marks without the prior written permission of the Company. All other names, logos, product and service names, designs, trademarks, trade dress, service marks, and slogans on KleanKars Services are the trademarks of their respective owners.
- Prohibited Uses
- In any way that violates any applicable federal, state, local, or international law or regulation (including, but not limited to, any laws regarding the export of data or software to and from the United States or other countries).
- For the purpose of exploiting, harming, or attempting to exploit or harm minors in any way by exposing them to inappropriate content, asking for personally identifiable information, or otherwise.
- To transmit, or procure the sending of, any advertising or promotional material, including any “junk mail”, “chain letter”, “spam”, or any other similar solicitation.
- To impersonate or attempt to impersonate the Company; a Company employee, contractor, or affiliate; another user; or any other person or entity (including, without limitation, by using email addresses or screen names associated with any of the foregoing).
- To damage, improperly deprive of use, convert, or otherwise harm the goodwill, services, materials, or products provided by and of the Company.
- To engage in any other conduct that restricts or inhibits anyone’s use or enjoyment of KleanKars Services, or which, as determined by us, may harm the Company or users of KleanKars Services or expose them to liability.
Additionally, you agree not to:
- Use KleanKars Services in any manner that could disable, overburden, damage, or impair our website(s) or mobile applications or interfere with any other party’s use of KleanKars Services, including, but not limited to, their ability to engage in real time activities through KleanKars Services.
- Use any robot, spider, or other automatic device, process, or means to access KleanKars Services for any purpose, including, but not limited to, monitoring or copying any of the material on the KleanKars Services.
- Use any manual process to monitor or copy any of the material on the KleanKars Services or for any other unauthorized purpose without our prior written consent, which may be withheld in our sole discretion.
- Use any device, software, or routine that interferes with the proper working of KleanKars Services.
- Introduce any viruses, trojan horses, worms, logic bombs, or other material that is malicious or technologically harmful.
- Attempt to gain unauthorized access to, interfere with, damage, or disrupt any parts of KleanKars Services, the server on which KleanKars Services are stored, or any server, computer, or database connected to KleanKars Services.
- Attack KleanKars Services via a denial-of-service attack or a distributed denial-of-service attack.
- Otherwise attempt to interfere with the proper working of KleanKars Services.
- User Contributions
KleanKars Services may contain message boards, chat rooms, social media links, personal web pages or profiles, forums, bulletin boards, and other interactive features (collectively, “Interactive Services”) that allow users to post, submit, publish, display, or transmit to other users or other persons (hereinafter, “post”) content or materials (collectively, “User Contributions”) on or through the KleanKars Services.
Any User Contribution you post to the site will be considered non-confidential and non-proprietary. By providing any User Contribution on the KleanKars Services, you grant us and our affiliates and service providers, and each of their and our respective licensees, successors, and permitted assigns the right to use, reproduce, modify, perform, display, distribute, and otherwise disclose to third parties any such material for any purpose.
You represent and warrant that:
- You own or control all rights in and to the User Contributions and have the right to grant the license granted above to us and our affiliates and service providers, and each of their and our respective licensees, successors, and assigns.
You understand and acknowledge that you are responsible for any User Contributions you submit or contribute, and you, not the Company, have fully responsibility for such content, including its legality, reliability, accuracy, and appropriateness.
We are not responsible or liable to any third party for the content or accuracy of any User Contributions posted by you or any other user of the KleanKars Services.
- Monitoring and Enforcement; Termination
We have the right to:
- Remove or refuse to post any User Contributions for any or no reason in our sole discretion
- Disclose your identity or other information about you to any third party who claims that material posted by you violates their rights, including, but not limited to, their intellectual property rights or their right to privacy.
- Take appropriate legal action, including without limitation, referral to law enforcement, for any illegal or unauthorized use of the KleanKars Services.
Without limiting the foregoing, we have the right to fully cooperate with any law enforcement authorities or court order requesting or directing us to disclose the identity or other information of anyone posting any materials on or through the KleanKars Services. YOU WAIVE, INDEMNIFY, AND HOLD HARMLESS THE COMPANY AND ITS OWNERS, AFFILIATES, SUBSIDIARIES, ATTORNEYS, OFFICERS, EMPLOYEES, LICENSORS, AND AGENTS FROM ANY CLAIMS RESULTING FROM ANY ACTION TAKEN BY THE COMPANY OR ANY OF THE FOREGOING PARTIES DURING, OR TAKEN AS A CONSEQUENCE OF, INVESTIGATIONS BY EITHER THE COMPANY OR SUCH OTHER PARTIES OR LAW ENFORCEMENT AUTHORITIES.
However, we cannot and do not undertake to review material before it is posted on the KleanKars Services, and cannot ensure prompt removal of objectionable material after it has been posted. Accordingly, we assume no liability for any action or inaction regarding transmissions, communications, or content provided by any user or third party. We have no liability or responsibility to anyone for performance or nonperformance of the activities described in this section.
- Content Standards
These content standards apply to any and all User Contributions and use of Interactive Services. User Contributions must in their entirety comply with all applicable federal, state, local, and international laws and regulations. Without limiting the foregoing, User Contributions must not:
- Contain any material that is defamatory, obscene, indecent, abusive, offensive, harassing, violent, hateful, inflammatory, or otherwise objectionable.
- Promote sexually explicit or pornographic material, violence, or discrimination based on race, sex, religion, nationality, disability, sexual orientation, or age.
- Infringe any patent, trademark, trade secret, copyright, or other intellectual property or other rights of any other person.
- Be likely to deceive any person.
- Promote 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 this is not the case.
- Copyright Infringement
If you believe that any User Contributions violate your copyright, please see our Copyright Policy, found at http://kleankars.com/copyright, for instructions on sending us a notice of copyright infringement. It is the policy of the Company to terminate the user accounts of repeat infringers.
- Reliance on Information Posted
The information presented on or through KleanKars Services is made available solely for general information purposes. We do not warrant the accuracy, completeness, or usefulness of this information. Any reliance you place on such information is strictly at your own risk. We disclaim all liability and responsibility arising from any reliance placed on such materials by you or any other visitor to KleanKars Services, or by anyone who may be informed of any of its contents.
KleanKars Services may include content provided by third parties, including materials provided by other users, bloggers, and third-party licensors, syndicators, aggregators, and/or reporting services. All statements and/or opinions expressed in these materials, and all articles and responses to questions and other content, other than the content provided by the Company, are solely the opinions and the responsibility of the person or entity providing those materials. These materials do not necessarily reflect the opinion of the Company. We are not responsible, or liable to you or any third party, for the content or accuracy of any materials provided by any third parties.
- Changes to the KleanKars Website(s) or Mobile Applications
We may update the content of our KleanKars Services from time to time, but its content is not necessarily complete or up-to-date. Any of the material on the KleanKars Services may be out of date at any given time, and we are under no obligation to update such material.
- Information About You and Your Visits to the KleanKars Services
- Online Purchases and Other Terms and Conditions
- Linking to Social Media Features
You may link to our homepage or mobile applications, provided you do so in a way that is fair and legal and does not damage our reputation or take advantage of it, but you must not establish a link in such a way as to suggest any form of association, approval, or endorsement on our part without our express written consent, which may be withheld in our sole discretion.
KleanKars Services may provide certain social media features that enable you to:
- Link from your own or certain third-party websites or mobile applications to certain content on our KleanKars Services.
- Send emails or other communications with certain content, or links to certain content, using our website(s) or mobile applications.
- Cause limited portions of content on our website(s) or mobile applications to be displayed or appear to be displayed on your own or certain third-party websites or mobile applications.
You may use these features solely as they are provided by us, solely with respect to the content they are displayed with and otherwise in accordance with any additional terms and conditions we provide with respect to such features. Subject to the foregoing, you must not:
- Establish a link from any KleanKars Services that is not owned by you.
- Cause the KleanKars Services or portions of it to be displayed on, or appear to be displayed by, any other site, for example, framing, deep linking, or in-line linking.
- Link to any part of the KleanKars Services other than the homepage and our mobile applications.
You agree to cooperate with us in causing any unauthorized framing or linking immediately to stop. We reserve the right to withdraw linking permission without notice.
We may disable all or any social media features and any links at any time without notice in our sole discretion.
- Links from Our Website(s) or Mobile Applications
If any of KleanKars Services contains links to other sites and resources provided by third parties, these links are provided for your convenience only. This includes links contained in advertisements, including banner advertisements and sponsored links. We have no control over the contents of those sites or resources, and accept no responsibility for them or for any loss or damage that may arise from your use of them. If you decide to access any of the third-party websites or applications linked to our KleanKars Services, you do so entirely at your own risk and subject to the terms and conditions of use for such third party websites and applications.
- Geographic Restrictions
KleanKars, Inc. is based in the state of Texas in the United States. We provide KleanKars Services for use only by persons located in the United States. We make no claims that the KleanKars Services or any of its content is accessible or appropriate outside of the United States. Access to KleanKars Services may not be legal by certain persons or in certain countries. If you access KleanKars Services from outside the United States, you do so on your own initiative and are responsible for compliance with local laws. Furthermore, the Company reserves the right, in its sole discretion, to add, remove, suspend, or otherwise modify the KleanKars Services offered and the locations where any such services are offered throughout the United States for any and all reasons with or without notice.
- Disclaimer of Warranties
YOU UNDERSTAND AND AGREE THAT WE CANNOT AND DO NOT GUARANTEE, MAKE ANY REPRESENTATIONS ABOUT, OR WARRANT THAT FILES AVAILABLE FOR DOWNLOADING FROM THE INTERNET OR MOBILE APPLICATION OR ANY KLEANKARS SERVICES WILL BE FREE OF DEFECTS, VIRUSES OR OTHER DESTRUCTIVE CODE. YOU ARE RESPONSIBLE FOR IMPLEMENTING SUFFICIENT PROCEDURES AND CHECKPOINTS TO SATISFY YOUR PARTICULAR REQUIREMENTS, INCLUDING, BUT NOT LIMITED TO, ANTI-VIRUS PROTECTION AND ACCURACY OF DATA INPUT AND OUTPUT, AND FOR MAINTAINING A MEANS EXTERNAL TO OUR SITE FOR ANY RECONSTRUCTION OF ANY LOST OR DAMAGED DATA. TO THE FULLEST EXTENT PROVIDED BY LAW, WE WILL NOT BE LIABLE FOR ANY LOSS OR DAMAGE CAUSED BY A DISTRIBUTED DENIAL-OF-SERVICE, ATTACK, VIRUSES, MALWARE, RANSOMWARE, OR OTHER TECHNOLOGICALLY HARMFUL MATERIAL THAT MAY INFECT YOUR COMPUTER, SMARTPHONE OR OTHER MOBILE EQUIPMENT AND ITS OR THEIR PROGRAMS, DATA, OR OTHER PROPRIETARY MATERIAL DUE TO YOUR USE OF ANY OF THE KLEANKARS SERVICES OR ANY SERVICES OR ITEMS OBTAINED THROUGH KLEANKARS SERVICES OR TO YOUR DOWNLOADING OF ANY MATERIAL POSTED ON IT, OR ON ANY KLEANKARS SERVICES LINKED TO IT.
YOUR USE OF KLEANKARS SERVICES, ITS CONTENT, AND ANY SERVICES OR ITEMS OBTAINED THROUGH THE KLEANKARS SERVICES IS AT YOUR OWN RISK. THE KLEANKARS SERVICES, ITS CONTENT, AND ANY SERVICES OR ITEMS OBTAINED THROUGH KLEANKARS SERVICES ARE PROVIDED ON AN “AS IS”, “WITH ALL FAULTS AND DEFECTS” AND “AS AVAILABLE” BASIS, WITHOUT ANY REPRESENTATIONS OR WARRANTIES OF ANY KIND OR CHARACTER, EITHER EXPRESS OR IMPLIED. NEITHER THE COMPANY NOR ANY PERSON ASSOCIATED WITH THE COMPANY MAKES ANY WARRANTY OR REPRESENTATION WITH RESPECT TO THE COMPLETENESS, SECURITY, RELIABILITY, QUALITY, ACCURACY, OR AVAILABILITY OF ANY OF THE KLEANKARS SERVICES. WITHOUT LIMITING THE FOREGOING, NEITHER THE COMPANY NOR ANYONE ASSOCIATED WITH THE COMPANY REPRESENTS OR WARRANTS THAT ANY OF THE KLEANKARS SERVICES, ITS CONTENT, OR ANY SERVICES OR ITEMS OBTAINED THROUGH KLEANKARS SERVICES WILL BE ACCURATE, RELIABLE, ERROR-FREE, OR UNINTERRUPTED, THAT DEFECTS WILL BE CORRECTED, THAT OUR SITE OR THE SERVER THAT MAKES IT AVAILABLE ARE FREE OF VIRUSES, MALWARE, RANSOMWARE OR ANY OTHER HARMFUL COMPONENTS, OR THAT THE KLEANKARS SERVICES OR ANY SERVICES OR ITEMS OBTAINED THROUGH KLEANKARS SERVICES WILL OTHERWISE MEET YOUR NEEDS OR EXPECTATIONS.
TO THE FULLEST EXTENT PROVIDED BY LAW, THE COMPANY HEREBY DISCLAIMS ANY AND ALL WARRANTIES OF ANY KIND AND CHARACTER, WHETHER EXPRESS OR IMPLIED, STATUTORY, CONTRACTUAL, OR OTHERWISE, INCLUDING, BUT NOT LIMITED TO, ANY WARRANTIES OF MERCHANTABILITY, NON-INFRINGEMENT, AND FITNESS FOR PARTICULAR PURPOSE.
ANY PART OF THE FOREGOING DOES NOT AFFECT ANY SPECIFIC STATUTORY WARRANTIES THAT CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.
- Limitation on Liability
TO THE FULLEST EXTENT PROVIDED BY LAW, IN NO EVENT WILL THE COMPANY OR ITS SUBSIDIARIES OR AFFILIATES, OR ITS AND THEIR RESPECTIVE LICENSORS, OWNERS, MEMBERS, MANAGERS, OFFICERS, DIRECTORS, ATTORNEYS, ACCOUTNANTS, EMPLOYEES, AND AGENTS BE LIABLE FOR DAMAGES OF ANY KIND AND CHARACTER, UNDER ANY LEGAL THEORY (IN CONTRACT, TORT, EQUITY OR OTHERWISE) ARISING OUT OF, RELATED TO OR IN CONNECTION WITH YOUR USE, OR INABILITY TO USE, THE KLEANKARS SERVICES, ANY KLEANKARS SERVICES OR THIRD-PARTY SERVICES LINKED TO IT, ANY CONTENT, MATERIAL OR PRODUCTS RELATED TO KLEANKARS SERVICES OR ANY OTHER COMPANY SERVICES INCLUDING, BUT NOT LIMITED TO, ANY INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL OR PUNITIVE DAMAGES, INCLUDING, BUT NOT LIMITED TO, PERSONAL INJURY, DEATH, PAIN AND SUFFERING, EMOTIONAL DISTRESS, LOSS OF REVENUE, LOSS OF PROFITS, LOSS OF BUSINESS, LOSS OF ANTICIPATED SAVINGS/PROFITS, LOSS OF USE, LOSS OF GOODWILL, LOSS OF DATA, BUSINESS INTERRUPTION, COMPUTER FAILURE OR MALFUNCTION, OR COST OF SUSBTITUTE GOODS OR SERVICES, WHETHER CAUSED BY TORT (INCLUDING NEGLIGENCE), BREACH OF CONTRACT, OR OTHERWISE, EVEN IF FORESEEABLE. WITHOUT LIMITING THE FOREGOING AND SOLELY WITH RESPECT TO DIRECT DAMAGES, THE COMPANY’S TOTAL AGGREGATE LIABILITY FOR ALL MATTERS ARISING FROM OR RELATED TO THE KLEANKARS SERVICES IS LIMITED TO NO MORE THAN THE AMOUNT OF FEES ACTUALLY RECEIVED BY YOU AS CONSIDERATION FOR THE KLEANKARS SERVICES GIVING RISE TO SUCH CLAIMS DURING THE SIX MONTH (6) PERIOD IMMEDIATELY PRECEDING THE DATE ON WHICH THE FIRST CAUSE OF ACTION AROSE.
ANY PART OF THE FOREGOING DOES NOT AFFECT ANY SPECIFIC STATUTORY WARRANTIES THAT CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.
- Governing Law and Jurisdiction
- Limitation on Time to File Claims
- Waiver and Severability
- Entire Agreement
- Contact KleanKars
The KleanKars Services are operated by KleanKars, Inc.
All notices of copyright infringement claims should be sent to the copyright agent designated in our Copyright Policy, located at http://kleankars.com/copyright, in the manner and by the means set out therein.
All other feedback, comments, requests for technical support, and other communications relating to the KleanKars Services should be directed to: KleanKars Customer Service at customerservice@KleanKars.com.