1. AGREEMENT TO TERMS

These Terms of Use constitute a legally binding agreement made between you, whether personally or on behalf of an entity (“you”) and SELL KLEVER LLC  (“Company“, “we”, “us”, or “our”), concerning your access to and use of the https://sellklever.com/ website as well as any other media form, media channel, mobile website or mobile application related, linked, or otherwise connected thereto (collectively, the “Site”). We are registered in Atlanta, Georgia, United States. You agree that by accessing the Site, you have read, understood, and agree to be bound by all of these Terms of Use. IF YOU DO NOT AGREE WITH ALL OF THESE TERMS OF USE, THEN YOU ARE EXPRESSLY PROHIBITED FROM USING THE SITE AND YOU MUST DISCONTINUE USE IMMEDIATELY.

Supplemental terms and conditions or documents that may be posted on the Site from time to time are hereby expressly incorporated herein by reference. We reserve the right, in our sole discretion, to make changes or modifications to these Terms of Use at any time and for any reason. We will alert you about any changes by updating the “Last updated” date of these Terms of Use, and you waive any right to receive specific notice of each such change. Please ensure that you check the applicable Terms every time you use our Site so that you understand which Terms apply. You will be subject to, and will be deemed to have been made aware of and to have accepted, the changes in any revised Terms of Use by your continued use of the Site after the date such revised Terms of Use are posted.

The information provided on the Site is not intended for distribution to or use by any person or entity in any jurisdiction or country where such distribution or use would be contrary to law or regulation or which would subject us to any registration requirement within such jurisdiction or country. Accordingly, those persons who choose to access the Site from other locations do so on their own initiative and are solely responsible for compliance with local laws, if and to the extent local laws are applicable.

The Site is not tailored to comply with industry-specific regulations (Health Insurance Portability and Accountability Act (HIPAA), Federal Information Security Management Act (FISMA), etc.), so if your interactions would be subjected to such laws, you may not use this Site. You may not use the Site in a way that would violate the Gramm-Leach-Bliley Act (GLBA).

The Site is intended for users who are at least 18 years old. Persons under the age of 18 are not permitted to use or register for the Site.

  1. INTELLECTUAL PROPERTY RIGHTS

Unless otherwise indicated, the Site is our proprietary property and all source code, databases, functionality, software, website designs, audio, video, text, photographs, and graphics on the Site (collectively, the “Content”) and the trademarks, service marks, and logos contained therein (the “Marks”) are owned or controlled by us or licensed to us, and are protected by copyright and trademark laws and various other intellectual property rights and unfair competition laws of the United States, international copyright laws, and international conventions. The Content and the Marks are provided on the Site “AS IS” for your information and personal use only. Except as expressly provided in these Terms of Use, no part of the Site and no Content or Marks may be copied, reproduced, aggregated, republished, uploaded, posted, publicly displayed, encoded, translated, transmitted, distributed, sold, licensed, or otherwise exploited for any commercial purpose whatsoever, without our express prior written permission.

Provided that you are eligible to use the Site, you are granted a limited license to access and use the Site and to download or print a copy of any portion of the Content to which you have properly gained access solely for your personal, non-commercial use. We reserve all rights not expressly granted to you in and to the Site, the Content and the Marks.

  1. USER REGISTRATION OBLIGATIONS

By using the Site, you represent and warrant that: (1) all registration information you submit will be true, accurate, current, and complete; (2) you will maintain the accuracy of such information and promptly update such registration information as necessary; (3) you have the legal capacity and you agree to comply with these Terms of Use; (4) you are not a minor in the jurisdiction in which you reside; (5) you will not access the Site through automated or non-human means, whether through a bot, script or otherwise; (6) you will not use the Site for any illegal or unauthorized purpose; and (7) your use of the Site will not violate any applicable law or regulation.

If you provide any information that is untrue, inaccurate, not current, or incomplete, we have the right to suspend or terminate your account and refuse any and all current or future use of the Site (or any portion thereof).

You may be required to register with the Site. You agree to keep your password confidential and will be responsible for all use of your account and password.

You may not authorize any third party to access or use the Services on your behalf. You are responsible for maintaining the confidentiality of the user ID and password, and solely responsible for the activity that occurs on your account, whether authorized by you or not, and you must keep your account information secure. You agree to immediately notify Sell Klever of any unauthorized use of your user ID or password or any other breach of security. Sell Klever cannot and will not be liable for any loss or damage arising from any unauthorized use of your account.

  1. FEES AND PAYMENT

FREE TRIAL

We offer a 14-day free trial to new users who register with the Site. The account will be charged according to the user’s chosen subscription at the end of the free trial.

Subscriptions

  • Customer shall pay Sellklever for use of the Service in accordance with the pricing and payment terms set forth in the applicable Order Form, or in the absence of an Order Form, with the pricing and payment terms at https://www.sellklever.com/pricing, as may be updated from time to time. In the absence of an Order Form with different payment terms, CUSTOMER AUTHORIZES SELL KLEVER TO CHARGE CUSTOMER’S CREDIT CARD OR OTHER PAYMENT METHOD IN ACCORDANCE WITH THIS AGREEMENT, REPRESENTS THAT IT HAS THE RIGHTS TO AUTHORIZE SUCH CHARGES AND PAYMENTS, AND SHALL BE RESPONSIBLE FOR PAYMENT IN THE EVENT THAT THE PAYMENT METHOD IS DECLINED, EXPIRED OR DISCONTINUED.
  • The Customer’s subscription entitles the Customer to use the Application for the number of entries, users, additional modules, etc. specified for each subscription type. If the Customer needs further capacity or functionality, then upon the use of any additional entries, without prior registration users or modules by the Customer or upon any acceptance by Sellklever of any requested increase to entries, users or modules, the subscription will be upgraded automatically and the Customer shall agree to pay the consequential increase in the subscription at the current rates for such entries, users and modules.
  • All fees are non-refundable (irrespective of actual usage), and are due and payable in U.S. dollars via the mechanisms made available within the Service (e.g.Credit card, Debit card, PayPal, etc.). Unless otherwise agreed, fees are due in advance for the applicable period.
  • All fees are inclusive of applicable sales, excise, use or similar taxes.
  • Payments for all single-seat accounts are due within 30days of billing date. The last day of the 30-day trial signifies the due date of first payment.
  • If payment is not received by the end of the given 30-day time period, user’s account will be frozen and inaccessible until all outstanding payments have been processed by Sellklever. Users retain the responsibility for settling all outstanding balances in a timely manner and maintaining updated billing information. If not complied with, at the end of 30 days, user’s account will be deactivated and all data will no longer be retrievable.

CANCELLATION

All purchases are non-refundable. You can cancel your subscription at any time by logging into your account. Your cancellation will take effect at the end of the current paid term.

  1. RULES OF CONDUCT

i. You may not access or use the Site for any purpose other than that for which we make the Site available. The Site may not be used in connection with any commercial endeavors except those that are specifically endorsed or approved by us.

ii. Your use of this Site and the Services, including any content you submit, will comply with this Agreement, any applicable Services Agreement or policy that may apply to your Services and all applicable local, state, national and international laws, rules and regulations.

iii.   You agree to provide government-issued photo identification and/or government-issued business identification as required for verification of identity when requested.

iv. You will not to circumvent, disable or otherwise interfere with the security-related features of this Site or the Services found at this Site (including without limitation those features that prevent or restrict use or copying of any Sellklever Content or User Content) or enforce limitations on the use of this Site or the Services found at this Site, the Sell klever Content or the User Content therein.

v. You will not access Sellklever Content (as defined below) or User Content through any technology or means other than through this Site itself, or as Sellklever may designate.

vi. You are aware that Sellklever may from time-to-time call you about your account, and that, for the purposes of any and all such call(s), you may be subject to call recording and hereby consent to the same, subject to any applicable laws and our restrictions and obligations thereunder, including, where permissible, to record the entirety of such calls regardless of whether Sellklever asks you on any particular call for consent to record such call.  You further acknowledge and agree that, to the extent permitted by applicable law, any such recording(s) may be submitted as evidence in any legal proceeding in which Sellklever is a party. Further, by providing your telephone or mobile number, you consent to receive marketing telephone calls from or on behalf of Sellklever that may be initiated by an automatic telephone dialing system and/or use an artificial or prerecorded voice. You understand that providing consent is not a condition of purchasing any good or service from Sellklever.  Similarly, by providing your mobile number, you consent to receive marketing text messages from or on behalf of Sellklever that may be sent by an automatic telephone dialing system. You understand that providing consent is not a condition of purchasing any good or service from Sellklever. Message and data rates may apply.

When you create or make available any Contributions, you thereby represent and warrant that:

  • The creation, distribution, transmission, public display, or performance, and the accessing, downloading, or copying of your Contributions do not and will not infringe the proprietary rights, including but not limited to the copyright, patent, trademark, trade secret, or moral rights of any third party.
  • Your Contributions are not false, inaccurate, or misleading.
  • Your Contributions are not unsolicited or unauthorized advertising, promotional materials, pyramid schemes, chain letters, spam, mass mailings, or other forms of solicitation.
  • Your Contributions are not obscene, lewd, lascivious, filthy, violent, harassing, libelous, slanderous, or otherwise objectionable (as determined by us).
  • Your Contributions do not ridicule, mock, disparage, intimidate, or abuse anyone.
  • Your Contributions are not used to harass or threaten (in the legal sense of those terms) any other person and to promote violence against a specific person or class of people.
  • Your Contributions do not violate any applicable law, regulation, or rule.
  • Your Contributions do not violate the privacy or publicity rights of any third party.
  • Your Contributions do not violate any applicable law concerning child pornography, or otherwise intended to protect the health or well-being of minors.
  • Your Contributions do not include any offensive comments that are connected to race, national origin, gender, sexual preference, or physical handicap.
  • Your Contributions do not otherwise violate, or link to material that violates, any provision of these Terms of Use, or any applicable law or regulation.

Any use of the Site in violation of the foregoing violates these Terms of Use and may result in, among other things, termination or suspension of your rights to use the Site.

  1. USER CONTENT

Some of the features of this Site or the Services may allow Users to view, post, publish, share, store, or manage (a) ideas, opinions, recommendations, or advice via forum posts, content submitted in connection with a contest, product reviews or recommendations, or photos to be incorporated into a social media event or activity (“User Submissions”), or (b) literary, artistic, musical, or other content, including but not limited to photos and videos (together with User Submissions, “User Content”).  All content submitted through your Account is consider User Content.  By posting or publishing User Content to this Site or to or via the Services, you represent and warrant to Sellklever that (i) you have all necessary rights to distribute User Content via this Site or via the Services, either because you are the author of the User Content and have the right to distribute the same, or because you have the appropriate distribution rights, licenses, consents, and/or permissions to use, in writing, from the copyright or other owner of the User Content, and (ii) the User Content does not violate the rights of any third party. You shall be solely responsible for any and all of your User Content or User Content that is submitted through your Account, and the consequences of, and requirements for, distributing it.

  • Data Ownership. Sellklever may collect data from Customer in connection with Customer’s use of the Service (“Customer Data”). Customer hereby grants to Sellklever a perpetual, non-exclusive license to use such Customer Data (a) in order to provide the Service to Customer; (b) for statistical use (provided that such data is aggregated with information from other users or otherwise de-identified in a manner that does not allow such Customer Data to be separated from the aggregate data and identified as originating from Customer); and (c) as necessary to monitor and improve the Service. Customer acknowledges that to the extent it transmits account or payment information via the Service, the collection and use of such data may be governed by the terms of third-party payment processors. Customer represents and warrants that: (i) it has all necessary rights and authority to provide the Customer Data to Sellklever; and (ii) the submission of the Customer Data to Sellklever does not violate any duty of confidentiality owed to another party, and the Customer Data does not infringe the copyright, trademark, right of privacy, right of publicity or any other right of any other party.To the extent Customer Data consists of the personal data of the Customer, in addition to this Agreement, the Sellklever Privacy Policy at https://www.sellklever.com/privacy (“Privacy Policy”) applies to how Sellklever may process such data that Customer provides through use of the Service.To the extent Customer Data consists of the personal data of Customer’s employees, customers, users or other individuals for whom Customer is the controller of such Customer Data, Sellklever will process such personal data in accordance with the Data Processing Addendum.
  • Confidentiality. Customer acknowledges that the Service, the terms of this Agreement and all Order Forms, and any other proprietary or confidential information provided to Customer by Sellklever (“Sellklever Confidential Information”) constitutes valuable proprietary information of Sellklever or its licensors. Sellklever acknowledges that the Customer Data provided to Sellklever by Customer (“Customer Confidential Information”) constitutes valuable proprietary information of Customer. Each party agrees to preserve the confidential nature of the other party’s Confidential Information by retaining and using the Confidential Information in trust and confidence, solely for its internal use or as otherwise set forth herein, and by protecting such Confidential Information to the same degree that such party uses to protect its own similar proprietary and confidential information, but in no event less than reasonable care. Each receiving party agrees to promptly report any breaches of this section to the disclosing party.
  • If Customer provides or makes available to Sellklever any suggestions, comments, ideas, improvements or other feedback relating to the Service (“Feedback”), Sellklever shall be free to use, reproduce, modify, adapt, create derivative works from, publicly perform, publicly display, distribute, sublicense, make, have made, assign, pledge, transfer, assign or otherwise grant rights in the Feedback in any form and any medium (whether now known or later developed), without credit or compensation to Customer.
  1. U.S. GOVERNMENT RIGHTS

Our services are “commercial items” as defined in Federal Acquisition Regulation (“FAR”) 2.101. If our services are acquired by or on behalf of any agency not within the Department of Defense (“DOD”), our services are subject to the terms of these Terms of Use in accordance with FAR 12.212 (for computer software) and FAR 12.211 (for technical data). If our services are acquired by or on behalf of any agency within the Department of Defense, our services are subject to the terms of these Terms of Use in accordance with Defense Federal Acquisition Regulation (“DFARS”) 227.7202‑3. In addition, DFARS 252.227‑7015 applies to technical data acquired by the DOD. This U.S. Government Rights clause is in lieu of, and supersedes, any other FAR, DFARS, or other clause or provision that addresses government rights in computer software or technical data under these Terms of Use.

  1. SITE MANAGEMENT

We reserve the right, but not the obligation, to: (1) monitor the Site for violations of these Terms of Use; (2) take appropriate legal action against anyone who, in our sole discretion, violates the law or these Terms of Use, including without limitation, reporting such user to law enforcement authorities; (3) in our sole discretion and without limitation, refuse, restrict access to, limit the availability of, or disable (to the extent technologically feasible) any of your Contributions or any portion thereof; (4) in our sole discretion and without limitation, notice, or liability, to remove from the Site or otherwise disable all files and content that are excessive in size or are in any way burdensome to our systems; and (5) otherwise manage the Site in a manner designed to protect our rights and property and to facilitate the proper functioning of the Site.

  1. PRIVACY POLICY

We care about data privacy and security. By using the Site, you agree to be bound by our Privacy Policy posted on the Site, which is incorporated into these Terms of Use. Please be advised the Site is hosted in the United States. If you access the Site from any other region of the world with laws or other requirements governing personal data collection, use, or disclosure that differ from applicable laws in the United States, then through your continued use of the Site, you are transferring your data to the United States, and you agree to have your data transferred to and processed in the United States.

  1. TERM AND TERMINATION

These Terms of Use shall remain in full force and effect while you use the Site. WITHOUT LIMITING ANY OTHER PROVISION OF THESE TERMS OF USE, WE RESERVE THE RIGHT TO, IN OUR SOLE DISCRETION AND WITHOUT NOTICE OR LIABILITY, DENY ACCESS TO AND USE OF THE SITE (INCLUDING BLOCKING CERTAIN IP ADDRESSES), TO ANY PERSON FOR ANY REASON OR FOR NO REASON, INCLUDING WITHOUT LIMITATION FOR BREACH OF ANY REPRESENTATION, WARRANTY, OR COVENANT CONTAINED IN THESE TERMS OF USE OR OF ANY APPLICABLE LAW OR REGULATION. WE MAY TERMINATE YOUR USE OR PARTICIPATION IN THE SITE OR DELETE YOUR ACCOUNT AND ANY CONTENT OR INFORMATION THAT YOU POSTED AT ANY TIME, WITHOUT WARNING, IN OUR SOLE DISCRETION.

If we terminate or suspend your account for any reason, you are prohibited from registering and creating a new account under your name, a fake or borrowed name, or the name of any third party, even if you may be acting on behalf of the third party. In addition to terminating or suspending your account, we reserve the right to take appropriate legal action, including without limitation pursuing civil, criminal, and injunctive redress.

  1. GOVERNING LAW

These Terms of Use and your use of the Site are governed by and construed in accordance with the laws of the State of Georgia applicable to agreements made and to be entirely performed within the State of Georgia, without regard to its conflict of law principles.

  1. DISPUTE RESOLUTION

Any legal action of whatever nature brought by either you or us (collectively, the “Parties” and individually, a “Party”) shall be commenced or prosecuted in the state and federal courts located in Fulton, Georgia, and the Parties hereby consent to, and waive all defenses of lack of personal jurisdiction and forum non conveniens with respect to venue and jurisdiction in such state and federal courts. Application of the United Nations Convention on Contracts for the International Sale of Goods and the Uniform Computer Information Transaction Act (UCITA) are excluded from these Terms of Use.

CONTACT US

In order to resolve a complaint regarding the Site or to receive further information regarding use of the Site, please contact us at:

SELL KLEVER LLC

support@sellklever.com