By using the Services, you agree to these Terms, as updated from time to time in accordance with Section 11 below. Because Cleanlist Cloud provides a wide range of services, we may at times ask you to review and accept supplemental terms that apply to your interaction with a specific product or service. These Terms state that any disputes between you and Cleanlist Cloud must be resolved in arbitration or small claims court.
- Account Security. To use the Services you must (i) be at least eighteen (18) years of age; (ii) have not previously been suspended or removed from the Services; and (iii) register for and use the Service in compliance with any and all applicable laws and regulations.
- Account Registration. Using the Services requires a Cleanlist Cloud account (the “Account”). When you register for your Account, we may ask you to give us certain identifying information about yourself, including but not limited to your email address and other contact information, and to create a user name and password (“Registration Information”). When registering for and maintaining an account, you agree to provide true, accurate, current, and complete information about yourself. You also agree not to impersonate anyone, misrepresent any affiliation with anyone else, use false information, or otherwise conceal your identity from Cleanlist Cloud for any purpose. You are solely responsible for maintaining the confidentiality and security of your Registration Information. For your protection and the protection of other users, we ask you not to share your Registration Information with anyone else. If you do share this information with anyone, we will consider their activities to have been authorized by you. If you have reason to believe that your account is no longer secure, you must immediately notify us.
- Payment. You understand that prior to Cleanlist Cloud providing the Services, you are required to choose a Subscription Plan, enter into a Subscription Agreement, and pay all fees relating to your Subscription Plan.
By starting your Subscription Plan, you authorize us to charge fees per the terms of your subscription plan, and any other charges you may incur in connection with your use of the Services. You will be automatically charged per the terms of your plan, for your ongoing use of the Services. All prices are payable in Canadian Dollars, and all payments are non-refundable. You are responsible for paying any applicable taxes. If you fail to pay the full amount due for any or all of the Services, Cleanlist Cloud may, at its sole discretion in accordance with and subject to any applicable law, suspend any or all of the Services.
Prohibited Conduct. You agree not to:
- Use the Services for any illegal purpose, or in violation of any local, national, or international law;
- Violate or encourage others to violate the rights of third parties, including intellectual property rights;
- Interfere in any way with security-related features of the Services;
- Interfere with the operation or any user’s enjoyment of the Services, including by uploading or otherwise disseminating viruses, adware, spyware, worms, or other malicious code, making unsolicited offers or advertisements to other users, or attempting to collect personal information about users or third parties without their consent;
- Access, monitor or copy any content or information of the Services using any robot, spider, scraper, or other automated means or any manual process for any purpose without Cleanlist Cloud’ express written permission;
- Perform any fraudulent activity, including impersonating any person or entity, claiming false affiliations, accessing the accounts of other users without permission, or falsifying your identity or any information about you, including age or date of birth; or
- Sell or otherwise transfer the access and/or granted herein.
- Intellectual Property. You are granted a non-exclusive, non-transferable, revocable license to access and use the Services strictly in accordance with these Terms. Using the Services does not give you ownership of any data or intellectual property rights in the Services or the content you access.
You will not modify, publish, transmit, reverse engineer, participate in the transfer or sale of, create derivative works of, or in any way exploit the software and services that make up the Services other than as expressly authorized herein.
You will not resell or offer for resale any of the Services, or make any unauthorized use of the Services and any protected content. In particular, you will not remove, obscure, or alter any proprietary rights or attribution notices in any content, including any legal notices displayed on, in, or in connection with the Services. We do not grant you any licenses, express or implied, to the intellectual property of Cleanlist Cloud or our licensors except as expressly authorized by these Terms. None of the Cleanlist Cloud Services, or any part of any Cleanlist Cloud Services, may be reproduced, duplicated, copied, sold, resold, visited, or otherwise exploited for any commercial purpose without express written consent of Cleanlist Cloud. You may not frame or utilize framing techniques to enclose any trademark, logo, or other proprietary information (including images, text, page layout, or form) of Cleanlist Cloud without express written consent. You may not use any meta tags or any other “hidden text” utilizing Cleanlist Cloud’s name or trademarks without the express written consent of Cleanlist Cloud.
- Indemnification. You agree that you will be personally responsible for your use of the Services, and you agree to defend, indemnify, and hold harmless Cleanlist Cloud from and against any and all claims, liabilities, damages, losses, and expenses (including attorneys’ and accounting fees and costs), arising out of or in any way connected with (i) your access to, use of, or alleged use of the Services; (ii) your violation of the Terms or any applicable law or regulation; (iii) your violation of any third party right, including without limitation any intellectual property right, publicity, confidentiality, property, or privacy right; or (iv) any disputes or issues between you and any third party. Cleanlist Cloud reserves the right, at our own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, and in such case, you agree to cooperate with our defense of such claim.
- Term and Termination. If you violate these Terms, your permission to use the Services will automatically and immediately terminate. In addition, Cleanlist Cloud in its sole discretion may suspend or terminate your Account and/or suspend or terminate some or all of your access to the Services at any time, with or without notice to you.
After your subscription terminates, information and content previously provided by you will no longer be accessible through your Account, but Cleanlist Cloud may continue to store such information and content, and it may also be stored by third parties to whom it has been transferred through your use of the Services.
- Modification of the Terms. Cleanlist Cloud reserves the right at any time to modify these Terms and to impose new or additional terms or conditions on your use of the Services. Such modifications and additional terms and conditions will be effective immediately upon notice and incorporated into these Terms. We will make reasonable efforts to notify you of any material changes to the Terms, including, but not limited to, by posting a notice to our website or by sending an email to any address you may have provided to us. Your continued use of the Services following notice will be deemed acceptance of any modifications to the Terms.
- Disclaimers of Warranties. The Services are provided “as is” and on an “as available” basis, without warranty or condition of any kind, either express or implied. Although Cleanlist Cloud seeks to maintain safe, secure, accurate, and well-functioning services, we cannot guarantee the continuous operation of or access the Services, and there may at times be inadvertent technical or factual errors or inaccuracies. Cleanlist Cloud specifically (but without limitation) disclaims (i) any implied warranties of merchantability, satisfactory quality, fitness for a particular purpose, quiet enjoyment, or non-infringement; and (ii) any warranties arising out of course-of-dealing, usage, or trade. You assume all risk for any/all damages that may result from your use of or access to the Services. Cleanlist Cloud does not guarantee the accuracy of and disclaims all liability for, any errors or other inaccuracies in the information, content, recommendations, and materials made available through the Services.
- Governing Law. These Terms and the relationship between you and Cleanlist Cloud are governed by the laws of Ontario, Canada without regard to conflict of law principles.
- Dispute Resolution by Binding Arbitration. In the interest of resolving disputes between you and Cleanlist Cloud in the most expedient and cost-effective manner, you and Cleanlist Cloud agree to resolve disputes through binding arbitration. Arbitration is more informal than a lawsuit in court. Arbitration uses a neutral arbitrator instead of a judge or jury, allows for more limited discovery than in court, and is subject to very limited review by courts. Arbitrators can award the same damages and relief that a court can award. Any arbitration under these Terms will take place on an individual basis; class arbitrations and class actions are not permitted. You acknowledge and agree that the arbitrator may award relief (including monetary, injunctive, and declaratory relief) only in favor of the individual party seeking relief and only to the extent necessary to provide relief necessitated by that individual party’s claim(s). Any relief awarded cannot affect other users.
- Modification of the Services. Cleanlist Cloud reserves the right to modify or discontinue, temporarily or permanently, some or all of the Services at any time without any notice or further obligation to you. You agree that Cleanlist Cloud will not be liable to you or to any third party for any modification, suspension, or discontinuance of any of the Services.
Electronic Communications. Visiting this Site or sending emails to Cleanlist Cloud constitutes electronic communications. You consent to receive electronic communications and you agree that all agreements, notices, disclosures, and other communications that we provide to you electronically, via email, and on the Site, satisfy any legal requirement that such communications be in writing.
- No Waiver. The failure to require performance of any provision shall not affect our right to require performance at any time thereafter, nor shall a waiver of any breach or default of the Terms constitute a waiver of any subsequent breach or default or a waiver of the provision itself.
- Paragraph Headers. Use of paragraph headers in the Terms is for convenience only and shall not have any impact on the interpretation of particular provisions.
- Severability. In the event that any part of the Terms is held to be invalid or unenforceable, the unenforceable part shall be given effect to the greatest extent possible and the remaining parts will remain in full force and effect.
Last updated: [08 July 2022]