Terms of service
1.    Purpose
Welcome to the Klever family of websites (the “Site”) that includes our country-specific websites, mobile websites, mobile apps, blogs, and websites for programs like Klever Rewards. This Klever Terms of Use Agreement (“Agreement”) sets forth the agreement between Klever, Inc. (“Klever”), Klever’s affiliated companies (collectively “We,” “We” or “Our”) and each user (“User”, “Your” or “You”) governing your use of the Site, the Klever Rewards Program (“Rewards Program”), the Klever Reviews Program (“Reviews Program”) and the Policy Privacy Policy Klever (“Privacy Policy”). Please read this agreement carefully before using the Site, participating in the Evaluation or Rewards Program, or before providing us with any personal information.
By using the Site, participating in the Assessment Program or the Rewards Program, or providing us with any personal information: (i) you agree that you have read and understand the terms of this Agreement, (ii) accept and agree to be subject to the terms of this Agreement, and (iii) accepts and agrees to comply with all applicable laws and regulations regarding this Agreement.
IF YOU DO NOT AGREE TO THE TERMS OF THIS AGREEMENT, DO NOT ACCESS OR USE THE SITE IN ANY WAY, DO NOT PARTICIPATE IN THE REWARDS PROGRAM, OR IN THE EVALUATION PROGRAM, OR PROVIDE ANY PERSONAL INFORMATION.
The terms of use contained in this Agreement may be changed periodically and may be revised at any time and from time to time, in our sole discretion, by updating this publication. You should visit this page from time to time to review the updated terms of use because they are binding on you. By continuing to use the Site, you signify your acceptance of any changes or modifications made to this Agreement. If any modification is unacceptable to you, your only recourse is to terminate this Agreement by contacting us. Certain provisions of the terms of use contained in this Agreement may be superseded by legal notices or terms found on specific pages of the Site.
RISK OF LOSS / TRANSFER OF TITLE:
All product purchases are made in accordance with the respective INCOTERMS (International Trade Terms) designated when making the purchase. The ownership of any purchased product is transferred to you once delivered to the selected transport company.
2.    We do not provide health advice
Products and claims made about specific products on or through the Site have not been evaluated by the United States Food and Drug Administration and are not approved to diagnose, treat, cure, or prevent disease.
The Site is not intended to provide diagnosis, treatment, or medical advice. The products, services, information and other content provided on the Site, including information that may be provided on the Site directly or through links to third party websites, are provided for informational purposes only. Consult with a doctor or other health professional about any medical or health-related diagnosis or treatment options.
Information provided on the Site and linked websites, including information related to medical and health conditions, treatments and products, may be provided in summary form. The information found on the Site, including the label or packaging of any product, should not be considered as a substitute for the advice of a health professional. The Site does not recommend self-monitoring of health problems. The information contained on the Site is not exhaustive and does not cover all diseases, ailments, physical conditions or their treatment. Contact your healthcare professional immediately if you have any health related questions. Never ignore or put off medical advice for later based on the information you have read on the Site.
Links or access from third party resources or websites do not endorse any information, product or service. We are not responsible for the content or performance of third party websites. The use of third party websites is done at your own risk.
You should not use the information or services found on the Site to diagnose or treat health problems or to prescribe a medication or other treatment. You should always consult your healthcare professional and read the information provided by the product’s manufacturer and any product labels or packaging, before using any medication, nutritional, herbal, or homeopathic product, or before beginning any exercise or diet program or start any treatment for a health problem. People are different and may react differently to different products. You should consult your doctor about the interactions that can occur between the medications and nutritional supplements you are taking. Comments made in any forum of the Site by employees or users of the Site are strictly personal points of view made in a personal capacity and are not statements made by us or represent our positions or points of view. Product ratings provided by current or former employees or users of the Site strictly represent their own personal views and have been made in a personal capacity and are not intended as a substitute for medical care or the advice of a healthcare professional. We are not responsible for any information provided on the Site regarding recommendations for supplements for any health purpose.
Always check the product label or packaging before using any product. If there is any discrepancy, customers should follow the information provided on the product label or packaging. You should contact the manufacturer directly for clarification on the product label, container details, and recommended use.
3.   Product Purchase
To the extent that you make purchases on the Site, you agree that all product purchases are made in accordance with the respective INCOTERMS (International Trade Terms) designated when placing the order. The ownership of any purchased product is transferred to you once delivered to the selected transport company.
4.    Use ot the site and termination
By using our Site or participating in any of the Programs, you declare and accept that you are at least 18 years of age or older and that you have the full capacity and are fully competent to subscribe to the terms, conditions, declarations and guarantees established in this Agreement. or to subscribe to any of the terms and conditions of the Program. If you are under 18 years of age, you are not allowed to use this Site or participate in any Program.
You must establish an account on the Site to use certain functions, such as making a purchase. You agree to provide accurate, true, complete and up-to-date information about yourself as requested by the Site and to promptly update such information so that it remains accurate, true, complete and up-to-date. If you provide inaccurate, false, incomplete or outdated information or, if in our sole discretion, we suspect that such information is inaccurate, false, incomplete or outdated, we reserve the right to suspend or cancel your account and prohibit your current use or in the future of the Site or any part of it. During the registration process, you will create a username and password. You are responsible for the confidentiality of your account and password, and are fully responsible for all activities that occur under your account or password. You agree to notify us immediately of any unauthorized use of your account, password or any other breach of security and to ensure that you exit from your account at the end of each session. You agree to be responsible for all charges that result from using your account on the Site, including charges arising from unauthorized use of your account. We are not responsible for any loss or damage resulting from your breach of this section.
You agree to use the Site for legal purposes and that you are responsible for its use and your communications on the Site. You agree not to post or transmit on the Site any unlawful, infringing, defamatory, obscene, indecent, threatening, offensive or objectionable material of any kind, including any material that encourages illegal conduct or behavior that would encourage liability, infringe other property rights intellectual or otherwise violates any applicable local, state, national or international law. You agree not to use the Site in a way that may interfere with normal operation or violate the use that others make of the Site.
You agree not to access the Site by any means other than the interface that we provide. It is prohibited to display or execute the Site or any information or material displayed on the Site in frames or by similar means on another website without our prior authorization. All permitted links to the Site must comply with all applicable laws, rules and regulations.
We do not guarantee that the Materials contained on the Site or that the products described or offered on the Site are appropriate or available for use in jurisdictions outside the United States, or that this Agreement complies with the laws of any other country. Users of the Site located outside of the United States do so at their own initiative and risk, and are responsible for complying with all applicable laws and regulations. You agree not to access the Site from any location or territory where its content is illegal and that you, and not us, are responsible for complying with all applicable laws and regulations.
This Agreement is effective until terminated by either party. We, in our sole discretion, may suspend or terminate this Agreement at any time without notice and deny you access to the Site or any part of it. You may terminate this Agreement at any time by contacting us and suspend full use of the Site. Upon termination of the Agreement by mutual decision, you must destroy all materials obtained from the Site, including all copies of such materials, whether made under the terms of use contained in this Agreement or otherwise. We reserve the right to modify or suspend, temporarily or permanently, the Site or any part of it with prior notice.
We reserve the right to cancel any account if your purchase is deemed unauthorized, fraudulent, or if credit card charges are disputed.
You agree that we may cancel or suspend your access to all or part of the Site, with or without notice, for any conduct that, in our sole discretion, we believe is in violation of any part of this Agreement, laws and regulations or is harmful to another user or for us and our affiliates.
The following provisions will survive the termination of the Agreement, between you and us including the: Privacy Policy, Disclaimer, Severability; Interpretation and Others.
5.    User conduct and content
The General Standards for User Generated Content are included in this Agreement. All User Generated Content must comply with the rules associated with this Agreement.
6.    Privacy Policy
Your privacy and security are a priority at Klever. Please see Klever’s Privacy Policy, which applies to personal information obtained from or provided by you on the Site.
8.   Disclaimer
YOU AGREE THAT YOUR USE OF THE SITE OR PARTICIPATION IN ANY PROGRAM IS AT YOUR SOLE RISK. THE SITE, PROGRAMS AND MATERIALS CONTAINED IN THIS DOCUMENT ARE PROVIDED “AS IS” AND “AS AVAILABLE”, EXCEPT IN THE CASE EXPRESSED IN THIS AGREEMENT. KLEVER AND OTHER AFFILIATED COMPANIES AND THEIR RESPECTIVE EXECUTIVES, BOARDS OF DIRECTORS, EMPLOYEES AND OTHER REPRESENTATIVES, SUCCESSORS AND APPOINTMENTS OF ANY OF THEM (COLLECTIVELY, “KLEVER INSTITUTIONS”), ALL EXPRESS WARRANTIES, , BUT NOT LIMITED TO IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT OF INDUSTRIAL OR INTELLECTUAL PROPERTY RIGHTS.
KLEVER ENTITIES DO NOT WARRANT THAT THE SITE OR ANY PROGRAM WILL COMPLY WITH ITS REQUIREMENTS, THAT THE SITE WILL BE TIMELY, SECURE, ERROR-FREE OR UNINTERRUPTED, THAT THE RESULTS OBTAINED BY THE SITE OR FROM ANY QUALITY PROGRAM WILL BE ACCURATE, , THE SERVICES, THAT THE INFORMATION OR MATERIAL OBTAINED BY YOU THROUGH THE SITE WILL MEET YOUR EXPECTATIONS AND THAT ANY ERROR IN THE SITE WILL BE CORRECTED. ANY MATERIAL DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE SITE OR THROUGH ANY PROGRAM IS CARRIED OUT AT YOUR OWN RISK AND YOU ARE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA WHICH RESULTS FROM IT. NO INFORMATION OBTAINED BY YOU FROM KLEVER ENTITIES, THROUGH THE SITE OR THROUGH A PROGRAM WILL CREATE ANY WARRANTY RELATED TO THE SITE OR SUCH PROGRAM IF NOT EXPRESSLY STATED IN THIS AGREEMENT.
TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, KLEVER ENTITIES DISCLAIM ANY WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES AND PARTICULAR PURPOSE OF A PRODUCT OR PURCHASED ON THE SITE AND YOUR PARTICIPATION IN ANY PROGRAM. WITHOUT LIMITING THE GENERALITY OF THE FOREGOING, TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, KLEVER ENTITIES EXPRESSLY DISCLAIM ALL LIABILITY FOR PRODUCT FAILURE OR DEFECTS, CLAIMS ATTRIBUTABLE TO NORMAL WEAR, MALFUNCTION, OR MODIFICATION OF THE PRODUCT. PRODUCT AND DO NOT FOLLOW THE PRINTED INSTRUCTIONS.
TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL KLEVER ENTITIES BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES (INCLUDING DAMAGES FROM LOSS OF BUSINESS, LOSS OF LOSS OF BENEFITS, LOSS OF LOSS, LOSS , COST OF ACQUISITION OF GOODS, SERVICES OR INFORMATION, LITIGATION OR SIMILAR), ALREADY BASED ON BREACH OF CONTRACT, BREACH OF WARRANTY, TORT (INCLUDING NEGLIGENCE), LIABILITY FOR PRODUCTS OR OTHERWISE, EVEN IF THE ENTITIES ARE WARNED OF THE POSSIBILITY OF SUCH DAMAGES. THE LIMITATIONS OF LIABILITY SET FORTH HEREIN ARE FUNDAMENTAL ELEMENTS OF THE BASIS OF THE AGREEMENT BETWEEN KLEVER AND YOU. THE PRODUCTS, INFORMATION, PROGRAMS AND SERVICES OFFERED ON AND THROUGH THE SITE WILL NOT BE PROVIDED WITHOUT SUCH LIMITATIONS. SUBJECT TO THE FOREGOING, TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW: (I) IF YOU ARE A CUSTOMER, THE MAXIMUM LIABILITY OF KLEVER ENTITIES WILL BE LIMITED TO THE AMOUNT PAID BY YOU FOR ANY PRODUCT, INFORMATION OR SERVICE PURCHASED BY YOU. ON THE SITE, AND (II) IF YOU PARTICIPATE IN A PROGRAM, THE MAXIMUM LIABILITY OF THE KLEVER ENTITIES WILL BE LIMITED TO THE AMOUNT CREDITED OR PAID TO YOU BY KLEVER UNDER THE PROGRAM APPLICABLE DURING THE PREVIOUS 12 MONTHS UNTIL THEIR RESPONSIBLE DATE.
BECAUSE SOME STATES AND / OR JURISDICTIONS DO NOT ALLOW THE DISCLAIMER OF CERTAIN WARRANTIES OR THE LIMITATION OR EXCLUSION OF LIABILITY FOR CERTAIN TYPES OF DAMAGES, SOME OF THE ABOVE DISCLAIMERS AND LIMITATIONS MAY NOT BE POSSIBLE. IF YOU ARE DISSATISFIED WITH ANY PORTION OF THE SITE, YOUR PARTICIPATION IN ANY PROGRAM, OR WITH ANY OF THE TERMS OF USE CONTAINED IN THIS AGREEMENT, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USING THE SITE OR PARTICIPATE IN THE RELEVANT PROGRAM. IN NEW JERSEY, THESE DISCLAIMERS AND LIMITATIONS DO NOT APPLY TO LIABILITY RESULTING FROM INTENTIONAL OR IMPRUDENT CONDUCT, SERIOUS NEGLIGENCE, STRICT LIABILITY, NEGLIGENCE OR THE VIOLATION OF AN IMPOSED DUTY BY KLEVER IN THE ESTAT.
WE DO NOT PROVIDE ANY WARRANTY OR SUPPORT WITH RESPECT TO ANY PRODUCT OR SERVICE SOLD. WE ARE NOT RESPONSIBLE FOR ANY DAMAGES FOR THE INFORMATION, PRODUCTS, OR SERVICES PROVIDED BY THIRD PARTIES, EVEN WHEN WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IN NEW JERSEY, THIS LIMITATION OF LIABILITY DOES NOT APPLY TO LIABILITY FOR INTENTIONAL OR IMPRUDENT CONDUCT, SERIOUS NEGLIGENCE, STRICT LIABILITY, NEGLIGENCE OR VIOLATION OF AN IMPOSED DUTY BY IHERB IN THE STATUTES.
9.    Compensation
You agree to indemnify, defend, and hold Klever harmless from all losses, expenses, costs, and damages, including attorney’s fees arising from your use or contact with the Site, your participation in any Program, your use, or your inability to use the Site or services, any product or service purchased or obtained by you in relation to the Site, any publication of the Site or activity related to your account made by you or another person, your violation of the terms of this Agreement, your violation of any right of a third party, or its violation of any applicable law, rule or regulation. You agree to cooperate in the most reasonable way possible in the defense of any claim. We reserve the right to assume the exclusive defense and control of any matter subject to indemnification by you, in which case you will be required to indemnify us for attorneys’ fees and expenses, in addition to losses, claims, damages and liabilities incurred by U.S. In no case should you reach an agreement on any matter without the prior written consent of Klever. In New Jersey, this compensation provision does not apply to your liability for intentional or reckless conduct, gross negligence, strict liability, negligence, or violation of a duty imposed by Klever in the statutes.
10.   Copyright, trademarks and other intellectual property
You acknowledge that all materials found on the Site or provided in connection with the Programs, including the design, text, graphics, sounds, images, software and other files on the Site, and the selection and arrangement thereof (collectively , the “Materials”), are our property and are subject and protected by copyright in the United States and internationally or by other laws and intellectual property rights. The trademarks, service marks, trade names, and logos (collectively, “Marks”) contained on the Site, including, but not limited to, Klever Lifestyle, LLC are the sole property of Klever. Also, all page headers, custom graphics, and custom icons are Klever Marks. Klever grants you a revocable, limited, non-exclusive, non-transferable license, which you cannot sublicense to access and use the Materials and Marks only in the manner permitted by Klever for your personal and non-commercial use only (the “License”). . This License will remain in effect until you or we terminate this Agreement in accordance with this Agreement.
Any unauthorized use of the Materials or Marks will be grounds for termination of the License. Klever and its grantors reserve all rights not expressly granted herein. Other copyrights, trademarks, product names, company names, logos or intellectual property are the property of their respective owners with all rights reserved.
11.    Agreement
This Agreement constitutes the only Agreement between us and you regarding the content of this Agreement. This Agreement supersedes all prior or contemporaneous written or oral Agreements, statements, warranties and understandings with respect to the content of this Agreement.
12.    Severability; Interpretation
If any provision of this Agreement is deemed void, illegal or unworkable for any reason, such provision will be voided by this Agreement and the remainder of this Agreement will remain in effect. When used in this Agreement, the term “included” or “included” shall be deemed to be followed by the words “without limitation”.
13.  Applicable law; jurisdiction; conflict resolution and class exemption
All questions about the construction, validity, compliance, and interpretation of this Agreement will be governed and interpreted in accordance with the national laws of the State of Texas, without giving effect to any choice of law or conflict of laws.
To the maximum extent permitted by law, you and the Klever Entities agree to arbitrate any controversy, claim or dispute arising out of or related in any way to this Agreement, including, without limitation, claims based on contract, tort, negligence, legal or regulatory provisions.
EACH PARTY WAIVES ITS RIGHT TO SUE IN COURT AND TO HAVE ANY CONTROVERSY, CLAIM, OR CONFLICT HEARD BY A JUDGE OR JURY.
YOU AND THE KLEVER ENTITIES AGREE EXPRESSLY TO ARBITRATE ANY CONTROVERSY, CLAIM, OR DISPUTE ARISING FROM OR IN ANY WAY RELATED TO THIS AGREEMENT. THIS ARBITRATION AGREEMENT ALSO APPLIES TO THRESHOLD ARBITRATION ISSUES, INCLUDING MATTERS CONCERNING WHETHER OR NOT THE AGREEMENT IS INADMISSIBLE OR ILLICIT AND WITH ANY DEFENSE FOR ARBITRATION. YOU ALSO AGREE THAT ANY ARBITRATION MAY ONLY BE FILED UNDER YOUR AND OUR INDIVIDUAL CAPABILITIES, AND NOT AS A CLASS ACTION, CLASS ACTION OR REPRESENTATIVE ACTION. THE ARBITRATOR CANNOT CONSOLIDATE MORE THAN AN INDIVIDUAL CLAIM OR AN ENTITY, AND CANNOT PRESIDE IN ANY OTHER WAY OVER ANY FORM OF CLASS OR REPRESENTATIVE PROCEDURE.
The mutual promise between you and the Klever Entities to arbitrate each and every dispute, and to do so individually, instead of litigating before the courts or other bodies, provides mutual consideration in this arbitration agreement.
Either party may exercise the right of arbitration by providing the other party with written notice of each and every claim that forms the basis of such right, providing sufficient detail to inform the other party of the content of such claims. In no case shall the request for arbitration be made after the date in which the applicable statute of limitations would prohibit establishing legal or equitable procedures based on said claims.
Unless you and the Klever Entities agree otherwise, arbitration will take place in the county where you reside with a single neutral arbitrator and in accordance with the current rules for dispute resolution of the American Arbitration Association (AAA). (available online at www.adr.org). The parties have the right to be represented by an attorney or other representative of their choice. The parties agree to comply and execute any ruling issued by the arbitrator. The arbitrator will issue the ruling in writing and will indicate the essential findings and conclusions on which the ruling is based. The sentence on the judgment can be entered in any court that has jurisdiction over it.
Payment of all filing, administration and arbitration fees will be governed by AAA rules.
14.    Others
You may not assign this Agreement, by law or otherwise, without our prior written consent. Subject to that restriction, this Agreement will be binding, will benefit and will be applicable against the parties and their respective successors and assigns.
The failure of Klever to strictly enforce any term of this Agreement will not constitute a waiver of that term and will not be considered a waiver or limit the right of that party to insist on strict adherence to that term or any other term of this Agreement. . You agree that, regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to the use of the Site or this Agreement, must be filed within one (1) year after the said claim arose. claim or cause of action or such claim or cause of action will be permanently prohibited. The “Disclaimer” provisions of this Agreement are for the benefit of the Klever Entities as defined in this document, and each of these persons or entities will have the right to assert and enforce these provisions directly against you. in your own name.