Last updated July 11, 2011
These terms and conditions (the "Terms of Service") govern your access to and use of the mobile applications and web sites provided by Clever Sense, Inc. ("Clever Sense") that link to or reference these Terms of Service (collectively, the "Service"). These Terms of Service apply in addition to any End User License Agreement that may apply.
PLEASE READ THESE TERMS OF SERVICE CAREFULLY. THESE TERMS OF SERVICE MAY HAVE CHANGED SINCE YOU LAST USED THE SERVICE. BY USING THE SERVICE, YOU INDICATE YOU ARE AGREEING TO THESE TERMS OF SERVICE AND ENTERING INTO A LEGALLY BINDING CONTRACT WITH CLEVER SENSE. IF YOU DO NOT ACCEPT THESE TERMS OF SERVICE, THEN DO NOT USE THE SERVICE. IF YOU (A) ARE UNDER THE AGE OF EIGHTEEN, (B) DO NOT OTHERWISE HAVE THE REQUISITE POWER AND AUTHORITY TO ENTER INTO A LEGALLY BINDING CONTRACT, OR (C) HAVE BEEN PREVIOUSLY BANNED BY CLEVER SENSE FROM USING THE SERVICE, YOU MAY NOT USE THE SERVICE.
[PLEASE NOTE: The Service is in beta form. Clever Sense expects the Service to change significantly over time, and these Terms of Service will change accordingly.]
Your privacy is important to Clever Sense and Clever Sense will take reasonable steps to protect it. Clever Sense will not share your personal information with anyone other than as described in Clever Sense's Privacy Policy. Click here to review the Privacy Policy.
Clever Sense takes no responsibility for the services or products referenced in the Service – Clever Sense makes no warranty to you for the quality, safety, usability, or other aspect of the Service.
If you have any question about these Terms of Service, please contact Clever Sense at legal@thecleversense.com.
The Service and the information that it contains (the "Content") is the property of Clever Sense and its licensors, and is protected from unauthorized copying and dissemination by United States copyright law, trademark law, international conventions, and other intellectual property laws. By way of example only, and not as a limitation, "Clever Sense" and the Clever Sense logo are trademarks of Clever Sense under the applicable laws of the United States and/or other countries. Other Clever Sense product or service names or logos appearing in the Service are either trademarks or registered trademarks of Clever Sense and/or its affiliates. The absence of a product or service name or logo from this list does not constitute a waiver of Clever Sense's trademark or other intellectual property rights concerning that name or logo. All other product names are trademarks or registered trademarks of their respective owners.
Clever Sense authorizes you to view, download, and distribute as many copies of the Content as you wish, solely for your personal, noncommercial use; provided that you shall include with all copies of the Content the following copyright notice: "Copyright © 2011, Clever Sense, Inc. All rights reserved." and other copyright and proprietary rights notices that are contained in the Content. Any special rule for the use of certain services accessible through the Service may be included elsewhere within the Service and is incorporated into these Terms of Service by reference.
Title to the Content remains with Clever Sense or its licensors. Any use of the Content not expressly permitted by these Terms of Service is a breach of these Terms of Service and may violate copyright, trademark, and other laws. Content and features are subject to change or termination without notice in the sole discretion of Clever Sense. All rights not expressly granted herein are reserved to Clever Sense and its licensors.
If you violate any of these Terms of Service, your permission to use the Content and the Service automatically terminates and you must immediately destroy all copies you have made of any portion of the Content.
THE SERVICE AND ALL CONTENT IS PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS. SPECIFICALLY, BUT WITHOUT LIMITATION, CLEVER SENSE DOES NOT WARRANT THAT: (i) THE CONTENT, WHETHER CONTRIBUTED BY CLEVER SENSE OR A THIRD PARTY, IS CORRECT, ACCURATE, RELIABLE, OR COMPLETE; (ii) THE FUNCTIONS CONTAINED ON THE SERVICE WILL BE UNINTERRUPTED OR ERROR-FREE; (iii) DEFECTS WILL BE CORRECTED; (iv) THE SERVICE OR ANY SERVER THAT MAKES IT AVAILABLE IS FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS; OR (v) THE SERVICE WILL IN ANY WAY MEET YOUR REQUIREMENTS OR EXPECTATIONS. CLEVER SENSE MAKES NO WARRANTIES, EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION, ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT, IN RELATION TO THE SERVICE OR ANY CONTENT.
Furthermore, Clever Sense disclaims any and all responsibility or liability for (a) the conduct of any user of the Service; (b) the deletion, failure to store, misdelivery, or untimely delivery of any information or material; and (c) any harm resulting from downloading or accessing any information or material on the Internet through the Service.
SOME STATES OR OTHER JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES, SO THE ABOVE EXCLUSIONS MAY NOT APPLY TO YOU.
CLEVER SENSE MAKES NO REPRESENTATION OR WARRANTY THAT INFORMATION ON THE SERVICE IS APPROPRIATE OR AVAILABLE FOR USE OUTSIDE THE UNITED STATES. IF YOU CHOOSE TO ACCESS THE SERVICE FROM OUTSIDE THE UNITED STATES, YOU DO SO ON YOUR OWN INITIATIVE AND AT YOUR OWN RISK AND ARE RESPONSIBLE FOR COMPLIANCE WITH APPLICABLE LOCAL LAWS.
UNDER NO CIRCUMSTANCES SHALL CLEVER SENSE BE LIABLE FOR ANY INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY, MULTIPLE, OR OTHER INDIRECT DAMAGE THAT RESULTS FROM THE USE OF, OR THE INABILITY TO USE, THE SERVICE OR THE CONTENT, OR THE INTERNET GENERALLY, INCLUDING, WITHOUT LIMITATION, YOUR USE OR INABILITY TO USE THE SERVICE; ANY CHANGES TO OR INACCESSIBILITY OR TERMINATION OF THE SERVICE; ANY DELAY, FAILURE, UNAUTHORIZED ACCESS TO, OR ALTERATION OF ANY TRANSMISSION OR DATA; ANY MATERIAL OR DATA SENT OR RECEIVED OR NOT SENT OR NOT RECEIVED; ANY TRANSACTION OR AGREEMENT ENTERED INTO THROUGH THE SERVICE; OR ANY DATA OR MATERIAL FROM A THIRD PARTY ACCESSED ON OR THROUGH THE SERVICE, WHETHER SUCH LIABILITY IS ASSERTED ON THE BASIS OF TORT OR OTHERWISE, EVEN IF CLEVER SENSE HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGE, NOTWITHSTANDING ANY FAILURE OF ESSENTIAL PURPOSE OF ANY LIMITED REMEDY AND TO THE FULLEST EXTENT PERMITTED BY LAW. IF YOU ARE DISSATISFIED WITH THE SERVICE, YOUR SOLE AND EXCLUSIVE REMEDY SHALL BE FOR YOU TO DISCONTINUE YOUR USE OF THE SERVICE. IN NO EVENT SHALL CLEVER SENSE'S TOTAL LIABILITY TO YOU FOR ALL DAMAGES, LOSSES, AND CAUSES OF ACTION RESULTING FROM YOUR USE OF THE SERVICE, WHETHER IN CONTRACT, TORT (INCLUDING, BUT NOT LIMITED TO, NEGLIGENCE), OR OTHERWISE, EXCEED ONE UNITED STATES DOLLAR (US$1).
SOME STATES OR OTHER JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION AND EXCLUSIONS MAY NOT APPLY TO YOU.
You agree that you will not upload or transmit any communication or content of any type to the Service that infringes or violates any right of any party. By making a submission to the Service, you agree that such submission is non-confidential for all purposes and represent that you own or have the necessary permissions to use and authorize the use of such submission as described herein.
If you make any submission to the Service or if you submit any business information, idea, concept, or invention to Clever Sense by email, you automatically grant—or, if you are not the owner, warrant that the owner of such content or intellectual property has expressly granted—Clever Sense and all of Clever Sense's affiliates, licensors, suppliers, customers, and related companies a non-exclusive, royalty-free, perpetual, irrevocable, transferable, sub-licensable, worldwide license to use, reproduce, create derivative works from, modify, publish, edit, translate, distribute, perform, and display such submission in any manner. For clarity, this license shall permit Clever Sense to use such submission for its own marketing purposes, which may include publication and distribution of such submissions on web sites or services not owned or controlled by Clever Sense.
You assume all risks and liabilities associated with your submissions, including without limitation those arising from anyone's reliance on its quality, accuracy, or reliability, or any disclosure by you of information in your submission that makes you personally identifiable.
You may not make any submission through the Service that is prohibited by the "Standards of Conduct" section below. If you provide information to Clever Sense that subsequently becomes inaccurate, misleading, or false, you agree to update or remove such information promptly. Clever Sense may review and delete submissions that, in the sole judgment of Clever Sense, violate the Terms or Service, including any material that might be offensive, illegal, or may violate the rights, harm, or threaten the safety of users.
If you create a username and password ("Login Credentials") to gain access to certain features of the Service, you agree that you shall be responsible for all submissions made, or any other use of the Service, using such Login Credentials. You also agree that you will maintain the security of your account and Login Credentials by keeping such Login Credentials confidential and not allowing anyone else to access your account.
You agree that you will not provide any false information to Clever Sense in a submission, in your Login Credentials, or in any other manner. You should only make one profile and you agree not to use it for commercial gain.
You may not use the Service to:
In addition, you may not, and may not assist or enable others to, use any robot, spider, site search/retrieval application, or other automated device, process, or means to access, retrieve, scrape, or index any portion of the Service or Content. You also may not, and may not assist or enable others to, use any robot, spider, site search/retrieval application, or other automated device, process, or means to collect information from or about other users of the Service.
Under no circumstances may you use the Service for any commercial purpose unless you have entered into a separate agreement with Clever Sense authorizing such use.
These are some, though not all, of the activities that may result in removal of your submission(s) to the Service and/or the termination of your access to the Service. In addition, Clever Sense reserves the right to take any and all additional legal action against you for violations of these Terms of Service.
We offer the Service for free, but your mobile carrier's normal rates and charges apply. We are not responsible for any charges you incur from your mobile carrier as a result of use of the Service.
You are responsible for ensuring that at all times while using the Service you are not in violation of your wireless data service agreement.
You are responsible for maintaining the confidentiality of your Login Credentials. You agree to immediately notify Clever Sense of any unauthorized use of your Login Credentials or any other security breach and you agree to exit from your account at the end of each session if you are using public computers. Additionally, you should take care when entering your Login Credentials in public settings so that others are not able to view this information. Clever Sense will not be liable for any damage or loss due to your failure to comply with this provision.
You are solely responsible for your interactions with other users of the Service. As such, you should not give out any personally identifiable information such as your last name, personal email addresses, instant messenger addresses, personal URLs, telephone numbers, or physical addresses to other users. Additionally, unless clearly authorized by Clever Sense, you should not give out any financial information or transmit electronically or physically any money to other users.
You acknowledge and agree that Clever Sense has no responsibility or obligations to you in the event that you choose to meet or interact with other users of the Service.
You acknowledge and understand that Clever Sense does not (a) in any way screen or inquire into the backgrounds of our users or attempt to verify the statements of our users, or (b) make any representations or warranties as to the conduct of users with any current, past, or future users.
The Service may contain links to non-Clever Sense web sites. These links are provided to you as a convenience, and Clever Sense is not responsible for the content of or services provided by any linked web site. Any non-Clever Sense web site accessed from the Service is independent from Clever Sense, and Clever Sense has no control over the content of that web site. In addition, a link to any non-Clever Sense web site does not imply that Clever Sense endorses or accepts any responsibility for the content or use of such web site. You are encouraged to use discretion while browsing the Internet using links initiated at the Service. These third-party links may lead unintentionally to sites containing information that some people may find inappropriate or offensive. These links may also lead to sites that contain inaccurate information, false or misleading advertising, or information that violates copyright, libel, or defamation laws. Clever Sense makes no representations concerning the content of sites accessible from the Service.
In no event shall any reference to any third party or third-party product or service be construed as an approval, sponsorship, or endorsement by Clever Sense of that third party or of any product or service provided by a third party.
Clever Sense respects the intellectual property rights of others and expects the same of our users. Clever Sense will respond to claims of copyright infringement committed using the Service that are reported to the Clever Sense Designated Copyright Agent (the "Copyright Agent") in accordance with the following procedure.
If you believe any material accessible on or from the Service infringes your copyright, you may request removal of such material (or access thereto) from the Service by contacting Clever Sense's Copyright Agent (identified below) and providing the following information:
Clever Sense's Copyright Agent may be contacted via email at Copyright@thecleversense.com, or by regular mail at Clever Sense, Inc. Designated Copyright Agent, 815 E. Middlefield Rd., Mountain View, CA 94043.
In an effort to protect the rights of copyright owners, Clever Sense maintains a policy for the termination, in appropriate circumstances, of users of the Service who are repeat infringers.
You agree to defend, indemnify, and hold Clever Sense and its affiliates, licensors, suppliers, and related companies and the officers, directors, employees, agents, and representatives of each of them harmless from and against all claims, actions or demands, costs, liabilities, and settlements, including without limitation reasonable legal and accounting fees, resulting from, or alleged to result from, your use of the Service or violation of these Terms of Service.
Clever Sense may list open employment positions on its web site. These postings are for informational purposes only and are subject to change without notice. You should not construe any information on the Service or made available through the Service as an offer for employment by Clever Sense. Nor should you construe anything on the Service as a promotion or solicitation for employment not authorized by the laws and regulations of your locale.
The laws of the United States of America prohibit the export of certain software and data to particular persons, territories, and foreign states. You may not export any Content, in any way, in violation of United States law.
By using the Service 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; and (ii) you are not listed on any U.S. Government list of prohibited or restricted parties.
Clever Sense, in its sole discretion, reserves the right (a) to terminate any user account, with or without notice, for any or no reason; (b) to remove, suspend, or disable any user's access to all or any portion of the Service; and (c) to remove any Content from Clever Sense's servers at any time, with or without notice, for any or no reason.
These Terms of Service are effective as of the time you first access the Service and shall continue in full force and effect until terminated as set forth herein. Subject to Clever Sense's rights herein, you may terminate these Terms of Service at any time by terminating your access to and use of the Service, including without limitation deactivating each account you have registered to use the Service. Once you terminate these Terms of Service, you shall have no further right to use the Service unless you again agree to these Terms of Service. The provisions of these Terms of Service shall survive any termination or expiration of these Terms of Service with respect to any use by you of the Service prior to such termination or expiration.
While we welcome your feedback, ideas, and suggestions, it is important to be aware of the following restrictions. If you send us feedback, ideas, or suggestions (collectively, "unsolicited ideas"), you agree that: (1) your unsolicited ideas become the property of Clever Sense and you are not owed any compensation in exchange; (2) none of the unsolicited ideas contain confidential or proprietary information of any third party; (3) Clever Sense may use or redistribute unsolicited ideas for any purpose and in any way; (4) there is no obligation for Clever Sense to review your unsolicited ideas; and (5) Clever Sense has no obligation to keep any unsolicited ideas confidential.
These Terms of Service and any End User License Agreement that may apply are governed and interpreted pursuant to the laws of the State of California, notwithstanding any principle of conflicts of law that would apply the law of any other jurisdiction.
All disputes arising out of or relating to these Terms of Service or any End User License Agreement that may apply shall be finally resolved by arbitration before a single arbitrator conducted in the English language in San Francisco, California under the commercial arbitration rules of the American Arbitration Association. You and Clever Sense shall bear equally the cost of the arbitration (except that the prevailing party shall be entitled to an award of reasonable attorneys' fees incurred in connection with the arbitration in such an amount as may be determined by the arbitrator). All decisions of the arbitrator shall be final and binding on both parties and enforceable in any court of competent jurisdiction. Notwithstanding this, application may be made to any court for a judicial acceptance of the award or order of enforcement. Notwithstanding the foregoing, Clever Sense shall be entitled to seek injunctive relief, security, or other equitable remedies from any court of competent jurisdiction.
If any part of these Terms of Service or any End User License Agreement that may apply is unlawful, void, or unenforceable, that part will be deemed severable and will not affect the validity and enforceability of the remaining provisions. Clever Sense may, at its sole discretion and without notice, revise these terms at any time by updating this posting on www.thecleversense.com or providing you with any other notice of revised terms.
Under no circumstances will Clever Sense be under an obligation to enforce these Terms of Service against another user on your behalf. You may contact us using the contact information provided below if you believe there has been a violation of these Terms of Service, but investigation and enforcement will be at our sole discretion.
These Terms of Service are the entire agreement between you and Clever Sense relating to the subject matter herein and shall not be modified except (a) in writing signed by both parties, (b) by your express acceptance of other terms in the course of your use of the Service, or (c) by Clever Sense by posting new Terms of Service from time to time on www.thecleversense.com.
If you have any questions or complaints about these Terms of Service, please contact Clever Sense by email at legal@thecleversense.com or by regular mail at:
Clever Sense, Inc.
1804 North Shoreline Boulevard
Suite 120
Mountain View, CA 94043
Copyright © 2011, Clever Sense, Inc. All Rights Reserved.
