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Terms of Use

Last Updated January 1, 2019

These Terms of Use (“Terms of Use”) apply to certain interactions as described herein that occur between the party clicking “accept” below and/or using the Cloven, Inc Platforms (“you,” “user,” or “visitor”) and Cloven, Inc, and their affiliates, subsidiaries, and divisions (collectively, “Shopcloven.com”). These Terms of Use apply to the Shopcloven.com websites that post these Terms of Use (including, without limitation, progleasing.com and approve.me) (each a “Site”) and to any use of the Shopcloven.com kiosks and mobile applications, regardless of whether accessed via computer, mobile device, or otherwise (collectively with all Sites, the “Cloven, Inc Platforms”). The Cloven, Inc Platforms are owned or controlled by Shopcloven.com.

The user should carefully read the Terms of Use before using the Cloven, Inc Platforms. By using the Cloven, Inc Platforms, the user agrees that he/she has read, that he/she understands, and that he/she will be bound by these Terms. This is a legally binding agreement. If the user does not agree with the Terms of Use the user should not use the Cloven, Inc Platforms.

1. Shopcloven.com agrees to provide access to the Cloven, Inc Platforms in accordance with the Terms of Use.

2. The user accepts that the Cloven, Inc Platforms are provided on an “as is, as available” basis.

3. ALL ARTICLES AND MATERIAL DISPLAYED BY Shopcloven.com ON THE Cloven, Inc PLATFORMS ARE FOR INFORMATION ONLY, ARE NO SUBSTITUTE FOR SPECIFIC ADVICE, AND ARE IN NO MANNER TO BE CONSIDERED LEGAL ADVICE OR OTHER LICENSED PROFESSIONAL ADVICE OR A SUBSTITUTE THEREFOR. FOR SPECIFIC LEGAL ADVICE REGARDING THE USER’S PARTICULAR CIRCUMSTANCES, THE USER MUST RETAIN LEGAL COUNSEL. Shopcloven.com does not represent or endorse the accuracy or reliability of any advice, opinion, statement, or other information displayed or distributed through the Cloven, Inc Platforms. The user acknowledges that any reliance upon any such materials, opinion, advice, statement, memorandum, or information shall be at the user’s sole risk. Shopcloven.com reserves the right, in its sole discretion, to correct any errors or omissions in any portion of the Cloven, Inc Platforms.

4. USER ACCESS TO AND USE OF THE Cloven, Inc PLATFORMS MAY BE TERMINATED AT ANY TIME FOR ANY REASON OR FOR NO REASON BY THE USER OR BY Shopcloven.com.

5. Shopcloven.com MAY, SUBJECT TO AND IN ACCORDANCE WITH Shopcloven.com’S PRIVACY POLICY FOR MARKETING AND OTHER PURPOSES, COLLECT, PROCESS AND TRANSMIT CERTAIN DATA OBTAINED FROM AND ABOUT THE USER IN THE COURSE OF THE USER’S ACCESSING THE Cloven, Inc PLATFORMS OR DURING A PHONE CONSULTATION. BY AGREEING TO THESE TERMS, THE USER AGREES TO SUCH DATA BEING SO USED AND FURTHER AGREE THAT IT MAY BE TRANSMITTED TO OTHERS WHETHER OR NOT WITHIN THE UNITED STATES IN ACCORDANCE WITH Shopcloven.com’S PRIVACY POLICY AND UNDER APPLICABLE PRIVACY AND DATA PROTECTION LEGISLATION. Information on how and what type of data (if any) is held about a user can be obtained by clicking here and reviewing our privacy policy or by contacting Shopcloven.com.

6. The Cloven, Inc Platforms are protected by copyright as a collective work and/ or compilation, pursuant to U.S. copyright laws, international conventions, and other copyright laws. The user is authorized to download one copy of the material displayed or performed on the Cloven, Inc Platforms (“Content”) on one computer or device for the user’s personal, non-commercial use only, but the user may not in so doing remove or amend any trademark, copyright or other proprietary
notice. All materials contained on the Cloven, Inc Platforms are protected by copyright, and are owned or controlled by Shopcloven.com or the party credited as the provider of the Content. The user will abide by any and all additional copyright notices, information, or restrictions contained in any Content on the Cloven, Inc Platforms. Permission is given to view the material on these web pages and save that material only for the user’s personal reference. Copying or storing of any Content for other than personal, noncommercial use is expressly prohibited without the prior written permission from Shopcloven.com or the copyright holder identified in the individual Content’s copyright notice. 

7. Subject to the above, the user may not modify, copy, distribute, republish or upload any of the material on the Cloven, Inc Platforms in any way unless the user obtains the prior written consent of Shopcloven.com. No intellectual property or other rights shall be transferred to the user through his/her use of the Cloven, Inc Platforms. Shopcloven.com is not able to confirm that the materials contained on the Cloven, Inc Platforms are correct in every case. Shopcloven.com reserves the right to make changes to the Cloven, Inc Platforms, including the availability of any feature, database, Content, Web page materials, product information and prices on the Cloven, Inc Platforms at any time without notice or liability. Shopcloven.com may also impose limits on certain features and services or restrict the user’s access to parts or all of the Cloven, Inc Platforms without notice or liability.

8. The user represents, warrants, and covenants that: (a) the user shall not upload, post or transmit to, distribute, or otherwise publish through the Cloven, Inc Platforms any materials which (i) restrict or inhibit any other user from using and enjoying the Cloven, Inc Platforms, (ii) are unlawful, threatening, abusive, libelous, defamatory, obscene, vulgar, offensive, pornographic, profane, sexually explicit or indecent, (iii) constitute or encourage conduct that would constitute a criminal offense, give rise to civil liability or otherwise violate law, (iv) violate, plagiarize or infringe the rights of third parties including, without limitation, copyright, trademark, patent, rights of privacy or publicity or any other proprietary right, (v) contain a virus or other harmful component, (vi) contain any information, software or other material of a commercial nature, (vii) contain advertising of any kind, or (viii) constitute or contain false or misleading indications of origin or statements of fact; and (b) the user is at least eighteen (18) years old.

9. The user acknowledges that transmissions to and from the Cloven, Inc Platforms are not confidential and that the user’s Communications may be read or intercepted by others. Any unprotected e-mail communication over the Internet is subject to possible interception or loss, is not confidential and is also subject to possible alteration. Shopcloven.com is not responsible for and will not be liable to the user or any third party for damages in connection with an e-mail sent by a user to Shopcloven.com or an e-mail sent by Shopcloven.com to a user, or anyone that a user designates, at the user’s request. Violators of this section who use the Cloven, Inc Platforms or other Shopcloven.com services for any illegal purpose, including but not limited to, repeated unwanted emails or “Spam,” may be prosecuted to the full extent of the law.” The user acknowledges that by submitting Communications to Shopcloven.com, no confidential, fiduciary, contractually implied, or other relationship is created between the user and Shopcloven.com other than pursuant to these Terms of Use and any subsequent written agreement entered into with Shopcloven.com.

10. THE Cloven, Inc PLATFORMS, INCLUDING ALL CONTENT, SOFTWARE, FUNCTIONS, MATERIALS AND INFORMATION MADE AVAILABLE ON OR ACCESSED THROUGH THE Cloven, Inc PLATFORMS, ARE PROVIDED “AS IS, AS AVAILABLE”. TO THE FULLEST EXTENT PERMISSIBLE BY LAW, Shopcloven.com MAKES NO REPRESENTATION OR WARRANTIES OF ANY KIND WHATSOEVER FOR THE CONTENT ON THE Cloven, Inc PLATFORMS OR THE MATERIALS, INFORMATION AND FUNCTIONS MADE ACCESSIBLE BY THE SOFTWARE USED ON OR ACCESSED THROUGH THE Cloven, Inc PLATFORMS, FOR ANY PRODUCTS OR SERVICES OR HYPERTEXT LINKS TO THIRD PARTIES, OR FOR ANY BREACH OF SECURITY ASSOCIATED WITH THE TRANSMISSION OF SENSITIVE INFORMATION THROUGH THE Cloven, Inc PLATFORMS OR ANY LINKED SITE. FURTHER, Shopcloven.com DISCLAIMS ANY EXPRESS OR IMPLIED WARRANTIES, INCLUDING WITHOUT LIMITATION, NON-INFRINGEMENT, MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. Shopcloven.com DOES NOT WARRANT THAT THE FUNCTIONS CONTAINED IN THE Cloven, Inc PLATFORMS OR ANY MATERIALS OR CONTENT CONTAINED THEREIN WILL BE UNINTERRUPTED OR ERROR FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT THE Cloven, Inc PLATFORMS OR THE SERVERS THAT MAKE THEM AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. Shopcloven.com SHALL NOT BE LIABLE FOR THE USE OF THE Cloven, Inc PLATFORMS, INCLUDING, WITHOUT LIMITATION, THE CONTENT AND ANY ERRORS CONTAINED THEREIN. FURTHER, IN NO EVENT WILL Shopcloven.com BE LIABLE FOR ANY LOSS OF PROFITS, BUSINESS, USE OF DATA OR FOR INDIRECT, SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES OF ANY KIND WHETHER BASED IN CONTRACT, NEGLIGENCE OR OTHER TORT. TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAWS, Shopcloven.com, ON BEHALF OF ITS EMPLOYEES, AGENTS, SUPPLIERS,AND CONTRACTORS, DISCLAIM AND EXCLUDE LIABILITY FOR ANY LOSSES AND EXPENSES OF WHATEVER NATURE AND HOWSOEVER ARISING, INCLUDING WITHOUT LIMITATION ANY DIRECT, INDIRECT, SPECIAL, PUNITIVE, OR CONSEQUENTIAL DAMAGES, LOSS OF USE, LOSS OF DATA, LOSS CAUSED BY A VIRUS, LOSS OF INCOME OR PROFIT, LOSS OF OR DAMAGE TO PROPERTY, CLAIMS OF THIRD PARTIES, OR OTHER LOSSES OF ANY KIND OR CHARACTER, EVEN IF Shopcloven.com HAS BEEN ADVISED OF THE  POSSIBILITY OF SUCH DAMAGES OR LOSSES, ARISING OUT OF OR IN CONNECTION WITH THE USE OF THE Cloven, Inc PLATFORMS OR ANY WEBSITE OR APPLICATION WITH WHICH IT IS LINKED. THE USER ASSUMES TOTAL RESPONSIBILITY FOR ESTABLISHING SUCH PROCEDURES FOR DATA BACK UP AND VIRUS CHECKING AS THE USER CONSIDERS NECESSARY.

11. The user hereby agree to indemnify, defend and hold Shopcloven.com, and all its officers, directors, owners, agents, employees, information providers, affiliates, licensors and licensees (collectively, the “Indemnified Parties”) harmless from and against any and all liability and costs incurred by the Indemnified Parties in connection with any claim arising out of any breach by the user of these Terms of Use or the foregoing representations, warranties and covenants, including without limitation, attorneys’ fees and costs. The user shall cooperate as fully as reasonably required in the defense of any claim. Shopcloven.com reserves the right, at its own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by the user, and the user shall not in any event settle any matter without the written consent of Shopcloven.com.

12. Where Shopcloven.com provides hypertext links from or to third party sites, Shopcloven.com does so for convenience and information purposes only. Shopcloven.com does not review, endorse, approve or control, and is not responsible for any sites linked from or to the Cloven, Inc Platforms, the content of those sites, the third parties named therein, or their products, resources or services. Linking to or navigating to any other site is at the user’s sole risk and Shopcloven.com will not be responsible or liable for any damages in connection with linking or navigating to such site, and Shopcloven.com accepts no liability nor makes any endorsement or approval of the same.

13. These Terms of Use contain the entire understanding between the user and Shopcloven.com with respect to the Cloven, Inc Platforms and no oral or written representation, statement, or inducement not contained herein shall bind either the user or Shopcloven.com. Shopcloven.com reserves the right, at its sole discretion, to change, modify, add or remove any portion of these Terms of Use, in whole or in part, at any time. The user should review the Terms of Use regularly for any changes.

14. Should any part of the Terms of Use be declared invalid or unenforceable by a court of competent jurisdiction, such declaration shall not affect the validity of 
any remaining portion and such remaining portion shall remain in full force and effect as if the invalid portion of the Terms of Use had been eliminated.

15. These Terms of Use contain the entire understanding between us with respect of The Site and no representation, statement, inducement oral or written, not contained herein shall bind either of us. Cloven, Inc reserves the right, at its sole discretion, to change, modify, add or remove any portion of these Terms of Use, in whole or in part, at any time. Notification of changes in these Terms of Use will be posted on The Site.

16. The Site, any information provided from it and the Terms of Use are given and made in the state of California , United States of America. THIS TERMS OF USE AGREEMENT SHALL BE GOVERNED BY AND CONSTRUED IN ACCORDANCE WITH THE LAWS OF THE STATE OF California, WITHOUT REGARD TO CONFLICTS OF LAWS PROVISIONS. SOLE AND EXCLUSIVE JURISDICTION FOR ANY ACTION OR PROCEEDING ARISING OUT OF OR RELATED TO THIS TERMS OF USE AGREEMENT SHALL BE AN APPROPRIATE STATE OR FEDERAL COURT LOCATED IN SALT LAKE COUNTY IN THE STATE OF California.

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