GetClover, LLC TERMS OF USE
1. ACCEPTANCE OF TERMS
GetClover provides a collection of online resources (referred to hereafter as "the Service") subject to the following Terms of Use ("TOU"). By using the Service in any way, you are agreeing to comply with the TOU. In addition, you agree to abide by any applicable posted guidelines, which may change from time to time. Should you object to any term or condition of the TOU, any guidelines, or any subsequent modifications thereto or become dissatisfied with GetClover in any way, your only recourse is to immediately discontinue use of GetClover.
2. MODIFICATIONS TO THIS AGREEMENT
We reserve the right, at our sole discretion, to change, modify or otherwise alter these terms and conditions at any time. Such modifications shall become effective immediately upon the posting thereof. You must review this agreement on a regular basis to keep yourself apprised of any changes.
3. CONTENT
You understand that all postings, messages, text, files, images, photos, video, sounds, or other materials ("Content") posted on, transmitted through, or linked from the Service, are the sole responsibility of the person from whom such Content originated. More specifically, you are entirely responsible for each individual item of Content that you post, email or otherwise make available via the Service. You understand that GetClover does not control, and is not responsible for Content made available through the Service, and that by using the Service, you may be exposed to Content that is offensive, indecent, inaccurate, misleading, or otherwise objectionable. Furthermore, the GetClover site and Content available through the Service may contain links to other websites, which are completely independent of GetClover. GetClover makes no representation or warranty as to the accuracy, completeness or authenticity of the information contained in any such site. Your linking to any other websites is at your own risk. You agree that you must evaluate, and bear all risks associated with, the use of any Content, that you may not rely on said Content, and that under no circumstances will GetClover be liable in any way for any Content or for any loss or damage of any kind incurred as a result of the use of any Content posted, emailed or otherwise made available via the Service. GetClover shall have the right (but not the obligation) in its sole discretion to refuse, delete or move any Content that is available via the Service, for violating the letter or spirit of the TOU or for any other reason.
4. THIRD PARTY CONTENT, SITES, AND SERVICES
The GetClover site and Content available through the Service may contain features and functionalities that may link you or provide you with access to third party content which is completely independent of GetClover, including web sites, directories, servers, networks, systems, information and databases, applications, software, programs, products or services, and the Internet as a whole.
Your interactions with organizations and/or individuals found on or through the Service, including payment and delivery of goods or services, and any other terms, conditions, warranties or representations associated with such dealings, are solely between you and such organizations and/or individuals. You should make whatever investigation you feel necessary or appropriate before proceeding with any online or offline transaction with any of these third parties.
You agree that GetClover shall not be responsible or liable for any loss or damage of any sort incurred as the result of any such dealings. If there is a dispute between participants on this site, or between users and any third party, you understand and agree that GetClover is under no obligation to become involved. In the event that you have a dispute with one or more other users, you hereby release GetClover, its officers, employees, agents and successors in rights from claims, demands and damages (actual and consequential) of every kind or nature, known or unknown, suspected and unsuspected, disclosed and undisclosed, arising out of or in any way related to such disputes and/or our Service.
5. CONDUCT
a)You agree not to post, email, or otherwise make available Content:
b)that is unlawful, harmful, threatening, abusive, offensive, harassing, indecent, defamatory, libelous, or is invasive of another's privacy;
c)that harasses, degrades, intimidates or is hateful toward an individual or group of individuals on the basis of religion, gender, sexual orientation, race, ethnicity, age, or disability;
d)that violates the Fair Housing Act by stating, in any notice or ad for the sale or rental of any dwelling, a discriminatory preference based on race, color, national origin, religion, sex, familial status or handicap (or violates any state or local law prohibiting discrimination on the basis of these or other characteristics);
e)that violates federal, state, or local equal employment opportunity laws, including but not limited to, stating in any advertisement for employment a preference or requirement based on race, color, religion, sex, national origin, age, or disability;
f)that includes personal or identifying information about another person without that person's explicit consent; that is false, deceptive, misleading, deceitful, misinformative;
g)that infringes any patent, trademark, trade secret, copyright or other proprietary rights of any party, or Content that you do not have a right to make available under any law or under contractual or fiduciary relationships;
h)that advertises any illegal service or the sale of any items the sale of which is prohibited or restricted by any applicable law;
i)that violates any University rule or regulation (This subsection applies to University students only).
6. TERMINATION OF SERVICE
You agree that GetClover, in its sole discretion, has the right (but not the obligation) to delete or deactivate your account, block your email or IP address, or otherwise terminate your access to or use of the Service (or any part thereof), immediately and without notice, and remove and discard any Content within the Service, for any reason, including, without limitation, if GetClover believes that you have acted inconsistently with the letter or spirit of the TOU. Further, you agree that GetClover shall not be liable to you or any third-party for any termination of your access to the Service. Further, you agree not to attempt to use the Service after said termination. GetClover reserves the right to report illegal behavior and activities to whomever it deems appropriate.
7. DISCLAIMER OF WARRANTIES
You agree that use of the GetClover Site and the service is entirely at your own risk. The GetClover Site and the Service are provided on an “as is” or “as available” basis, without any warranties of any kind. All express and implied warranties, including, without limitation, the warranties of merchantability, fitness for a particular purpose, and non-infringement of proprietary rights are expressly disclaimed to the fullest extent permitted by law. GetClover disclaims any warranties for other services or goods received through or advertised on the GetClover site or the Service, or accessed through any links on the GetClover site to the fullest extent permitted by law.
8. LIMITATIONS OF LIABILITY
Under no circumstances shall GetClover be liable for direct, indirect, incidental, special, consequential or exemplary damages resulting from any aspect of your use of the GetClover site or the Service.
9. INDEMNITY
You agree to indemnify and hold GetClover, its subsidiaries, affiliates, officers, trustees, employees, agents and GetClover personnel harmless from any claim or demand, including attorneys fees and court costs, made by any third party due to or arising out of Content you submit, post or make available through the Service, your use of the Service, your violation of the TOU, your breach of any of the representations and warranties herein, or your violation of any rights of another.
10. GENERAL INFORMATION
GetClover is a student controlled and operated website. The TOU and the relationship between you and GetClover shall be governed by all Federal and State laws without regard to its conflict of law provisions. You agree to submit to the personal and exclusive jurisdiction of the courts located within the county of New York, NY.
10. Fees and Payment
10.1. Service Fees. We reserve the right to take 10% of the sellers final sales of each textbook. That fee will come out when GetClover decides to make payment to the seller. GetClover will release payment to the seller within 72 hours of a finalized transaction.
10.2 Taxes. All fees payable by you are exclusive of applicable taxes and duties, including applicable sales tax. You will provide us any information we reasonably request. If you are legally entitled to an exemption from any sales, use, or similar transaction tax, you are responsible for providing us with legally-sufficient tax exemption certificates for each taxing jurisdiction. We will apply the tax exemption certificates to charges under your account occurring after the date we receive the tax exemption certificates. If any deduction or withholding is required by law, you will notify us and will pay us any additional amounts necessary to ensure that the net amount that we receive, after any deduction and withholding, equals the amount we would have received if no deduction or withholding had been required. Additionally, you will provide us with documentation showing that the withheld and deducted amounts have been paid to the relevant taxing authority.
