Membership privileges are granted by CloneSmart to individuals exclusively and are granted specifically to the subscribing registered member only. No employee, independent contractor, agent, or affiliate of a competing service is permitted to access the CloneSmart Service without express written permission from CloneSmart, and by registering for a membership, you represent and warrant that you are not a competitor of CloneSmart or acting on behalf of a competitor of CloneSmart in registering for and accessing the Service. Membership rights cannot be assigned, sublicensed, distributed, shared, viewed, accessed, or otherwise transferred to anyone other than the registered member without the express written permission of CloneSmart. By completing the registration process, Customer represents and warrants that the information provided is true, accurate, complete, and current. CloneSmart requires that each registered user maintain a valid email address and a password, which shall be utilized for logging on to the CloneSmart Service. Members are not permitted to share their individual login information with others. CloneSmart has the right to refuse service to any member, individual, organization, or firm (and all members associated or affiliated with said organization or firm) that refuses to abide by the terms and conditions herein, refuses to abide by the Listing Policies as posted and displayed on the CloneSmart Service, or abuses their rights related to the CloneSmart service.
Members may elect to use additional paid services, such as featured Listings, geographic advertisements, listing marketing emails, and social media services.
Customers and Users are required to maintain the confidentiality of all logins and passwords. You are responsible for the activities that occur under your account. CloneSmart is not responsible for any loss or damage arising from your failure to maintain the confidentiality of your account login information or password and/or failure to comply with the terms and conditions set forth in the Membership Privileges, Use of Information or Ownership and License Grant sections of this agreement that relate to confidentiality of account information.
CloneSmart utilizes email as a vital and primary communication channel with customers. As a user of the Service, you as a Customer hereby acknowledge and grant CloneSmart and/ or other users of CloneSmart permission to communicate with you via email (as well as other communication channel such as phone and fax) for any purposes CloneSmart determines to be relevant including, but not limited to, system messages, product updates, service announcements, sponsored content, and other marketing messages. CloneSmart will use best efforts to honor Customer’s request to opt out of marketing messages, but under no circumstances will CloneSmart have any liability for sending any email to its users/customers. By becoming a member of CloneSmart.com, you acknowledge and agree that CloneSmart may record telephone and other electronic communications it has with you for CloneSmart internal business purposes, including but not limited to training and quality assurance purposes.
Submission and Administration of Content:
OTHER RIGHTS OF CLONESMART:
Customer agrees that CloneSmart shall have the right to use the Submitted Content for any purpose, including without limitation for publication of all or part of such listing on the internet for unrestricted use by CloneSmart customers and partners including but not limited to social media websites. CloneSmart shall have sole authority to choose the manner in which any listing will be received, displayed and used by the Service, and reserves the right to remove all or any part of a listing or submitted review or refuse Services to anyone at any time in its sole discretion. CloneSmart shall have no obligation to (i) resolve disputes among users of the Service; or (ii) monitor or verify the accuracy or proper use of the listings or review submission system.
CloneSmart reserves the right to, at their sole discretion; remove Submitted Content that violates any of the following terms:
Submitted Content must be relevant to CloneSmart.
Submitted Content must not constitute, facilitate, or promote illegal products, services, or activities.
Submitted Content must not discriminate or encourage discrimination against people based on personal attributes such as race, ethnicity, color, national origin, religion, age, sex, sexual orientation, gender identity, family status, disability, medical or genetic condition.
Submitted Content must not promote the sale or use of tobacco products and related paraphernalia.
Submitted Content must not promote the sale or use of illegal, prescription, or recreational drugs.
Submitted Content must not promote the sale or use of weapons, ammunition, or explosives.
Submitted Content must not promote the sale or use of supplements.
Submitted Content must not promote any competing or similar service.
Submitted Content must not contain adult content. This includes nudity, depictions of people in explicit or suggestive positions, or activities that are overly suggestive or sexually provocative.
Submitted Content must not contain content that infringes upon or violates the rights of any third party, including copyright, trademark, privacy, publicity, or other personal or proprietary rights. To report content that you feel may infringe upon or violate your rights, please check these details.
Submitted content must not contain libelous content or create false or misleading reviews or posts.
Summitted content must try not to manipulate the price of any item or interfere with any other user’s listings, reviews, or products.
Submitted Content must not promote the sale or use of adult products or services.
Submitted Content must not contain shocking, sensational, disrespectful, or excessively violent content.
Submitted Content must not contain content that asserts or implies personal attributes. This includes direct or indirect assertions or implications about a person’s race, ethnic origin, religion, beliefs, age, sexual orientation or practices, gender identity, disability, medical condition (including physical or mental health), financial status, membership in a trade union, criminal record, or name.
Submitted Content, landing pages, and business practices must not contain deceptive, false, or misleading content, including deceptive claims, offers, or methods.
Submitted Content must not contain content that exploits controversial political or social issues for commercial purposes.
Submitted Content must not direct people to non-functional landing pages. This includes landing page content that interferes with a person’s ability to navigate away from the page.
Submitted Content must not contain profanity or bad grammar and punctuation. Symbols, numbers, and letters must be used properly.
Submitted Content must not contain images that portray nonexistent functionality.
Submitted Content promoting income opportunities must fully describe the associated product or business model and must not promote business models offering quick compensation for little investment, including multilevel marketing opportunities.
Submitted Content must not contain content leading to external landing pages that provide an unexpected or disruptive experience. This includes misleading ad positioning, such as overly sensationalized headlines, and leading people to landing pages that contain minimal original content and a majority of unrelated or low-quality ad content.
Submitted Content must not contain spyware, malware, or any software that results in an unexpected or deceptive experience. This includes links to sites containing these products.
CONTENT REMOVAL REQUESTS:
Upon Customer’s request, CloneSmart will use best efforts to honor Customer’s request to remove Submitted Content. Requests for the removal of Submitted Content must be submitted to [email protected].
Use of Information:
Customer agrees to treat all information obtained from the CloneSmart Service, including Listings, and any information otherwise made available to Customer in the Service (individually and collectively, the “Content”) as proprietary to CloneSmart. Customer agrees that Content reserved for members will be maintained as confidential and shall be protected as a trade secret of CloneSmart. CloneSmart does not ensure the accuracy of, endorse, or recommend any Content and Customer uses such Content at the Customer’s own risk. Customer may access the Content solely to obtain initial information from which further evaluation and investigation may commence.
INFORMATION PROVIDED BY CloneSmart ONLY, CUSTOMER SHOULD CONSULT AN APPROPRIATE PROFESSIONAL TO VERIFY INFORMATION OBTAINED FROM THE SERVICE.
Customer shall limit access to and use of active Listings to personal and internal use and shall not use any information obtained from the Service for further distribution, publication, public display, or preparation of derivative works or facilitate any of these activities in any way. Customer shall not use or reproduce any Content that is obtained from the Service, or that is otherwise made available to Customer in the Service, for or in connection with any other listing service or device. Customer further shall not use the Service in any other manner for or in connection with any other listing service or device. Customer shall not use the CloneSmart Service as part of any effort to compete with CloneSmart, including without limitation using the CloneSmart Service to provide, alone or in combination with any other product or service, any database services to any third-party or any use that causes a reduction or loss from an existing or potential CloneSmart Customers, nor shall Customer remove, erase, or tamper with any copyright or other proprietary notice printed or stamped on, affixed to, or encoded or recorded in the CloneSmart Service. Customer shall not use any robot, spider, or other automated process to submit Listings, monitor, data mine or copy CloneSmart products, services, or information; decompile, decode, or reverse engineer the CloneSmart Service; or use CloneSmart products or services in an unlawful manner, such as for offensive, abusive, tortuous, libelous, defamatory, or other illegal purposes.
RSS TERMS AND CONDITIONS:
The following terms and conditions cover the Really Simple Syndication (RSS) feeds of CloneSmart’s website. By accessing or using CloneSmart’s RSS feeds, you accept and agree to CloneSmart’s RSS terms and conditions below. If you have questions or concerns about any of these terms and conditions or if you wish to use an RSS feed in a manner inconsistent with any provision below (e.g., on a mobile device for commercial purposes or redistribution, or with your own advertising), please do not hesitate to contact us at [email protected]. We will be happy to discuss your ideas and to work with you to try to meet your requests.
For any article, listing, or advertisement, you may not display more text than we provide in the RSS feed.
All text from our RSS feed must displayed in the way we provide the text. You may not edit, translate, or reformat the content that we provide. You must retain all links to the original CloneSmart article, listing, or advertisement on CloneSmart.com, as well as any other hyperlinks or notices in the feed.
You must ensure that all excerpts link directly to CloneSmart.com, and you may not insert interstitial, splash, intermediate pages or any other content or advertising in connection with our RSS feed, or between any display of our RSS feed and our website.
You must retain in original form the attribution and by-line provided in the RSS feed, and must prominently credit CloneSmart in connection with each RSS excerpt that you publish.
Except for your own individual, personal use, you may not display our RSS feed on a mobile device, defined as any portable device using wireless technology to receive content, data, and/or other information (including within a mobile application or on a mobile website).
You may not aggregate or otherwise use articles and/or excerpts from our RSS feed in a manner that could reasonably serve as a substitute for our original content, compete with our service, or could otherwise diminish the value of the content of CloneSmart. For instance, you may not publish a webpage that simply aggregate the RSS feeds of CloneSmart Listigns and sell advertising against that page.
You may not strip advertising from our RSS feeds, nor serve your own advertising within or against our RSS feeds.
You may not sell, lease, sublicense, redistribute or otherwise monetize our RSS feeds.
You may not display the name, logo, trademark or other identifier of another person or entity in connection with our RSS feeds in a manner that could reasonably indicate that such other person or entity is affiliated with our RSS feeds.
You may not display the RSS feeds on any website or in any other way that could reasonably damage the brand or reputation of CloneSmart. For instance, you may not publish our RSS feed on or in connection with any website that infringes upon or violates the copyrights, trademarks or other intellectual property rights of any person; is libelous or defamatory; is obscene, pornographic, or sexually explicit; violates a person’s right to privacy; violates any local, state, national, or international law; contains or advocates illegal or violent acts; degrades others on the basis of gender, race, class, ethnicity, national origin, religion, sexual orientation, disability, or other classification; or is predatory, hateful, or intended to intimidate or harass.
You must provide us with complete and accurate registration information in order to use our RSS feeds.
You will promptly remove our RSS feeds upon our request, and will not store or archive any of our feeds.
We are not liable for your use of our RSS feeds or any related activity.
We may limit, suspend, or terminate your access to and use of our RSS feeds at any time at our sole discretion.
We retain all ownership and other rights in the RSS content, and in any and all CloneSmart logos and trademarks used in connection with the RSS feeds.
BY DOWNLOADING CloneSmart’S RSS FEED, YOU HEREBY ACKNOWLEDGE THAT YOU UNDERSTAND AND AGREE TO BE BOUND BY THESE TERMS. WE RESERVE THE RIGHT TO CHANGE ANY OF THESE TERMS AT OUR SOLE DISCRETION. YOUR CONTINUED USE OF OUR SERVICE CONSTITUTES ACCEPTANCE OF ANY SUCH CHANGES.
If you have questions about use of our RSS feeds, or to request our permission to deviate from the requirements set forth above, including using our feeds in mobile products or on any mobile platform, please contact us at [email protected].
SUBSCRIPTIONS AND PAID SERVICES:
Once you have completed any applicable free trial period or exceeded any limits described on the applicable Pricing Schedule (the “Pricing Schedule”), you will be subject to fees in accordance with the Pricing Schedule. Applicable fees will be billed monthly for the Service, even if you are not actively using the Service. The applicable Pricing Schedule is subject to change at any time at CloneSmart’s sole discretion, and if you do not agree to any such changes, you should contact us to cancel your account. We will use good faith efforts to notify you prior to the effectiveness of any significant change to the applicable Pricing Schedule, but you are responsible for reviewing the applicable Pricing Schedule from time to time and remaining aware of the fees charged by us and any applicable discounts. You acknowledge and agree that our measurements are the definitive measurements for payment due and owed hereunder. CloneSmart’s most recent Pricing Schedule can be found at: https://www.CloneSmart.com/advertise/#pricing
Customer agrees to pay for all products ordered through the CloneSmart Service or via the CloneSmart sales team using the payment method indicated and provides CloneSmart express authorization to charge said fees to the Customer’s payment provider at time of purchase or renewal. Fees owed depend on the specific type and quantity of CloneSmart products, services, information, or deliverables (collectively “Deliverables”) ordered. Payment of fees shall not be contingent on any events other than the delivery of the ordered Deliverables.
Any attorney fees, court costs, or other costs incurred in collection of delinquent undisputed amounts shall be the responsibility of and paid for by Customer. If payment is not current, CloneSmart may immediately cease to provide all Deliverables to the customer. The fees do not include sales, use, excise or any other taxes or fees now or hereafter imposed by any governmental authority with respect to the Deliverables. At CloneSmart’s option, Customer shall pay such taxes or fees directly or pay to CloneSmart any such taxes or fees immediately upon invoicing by CloneSmart. CloneSmart is required to collect sales tax on purchases in select states. Recurring charges will include sales tax in accordance with applicable laws of your state. To view your billing information, visit your Dashboard. The fees paid for monthly subscriptions are non-refundable, regardless of whether the subscription is terminated prior to the end of the then-current monthly billing period. Discounts received via a product bundle are subject to removal when product(s) in bundle are canceled. No partial month refunds will be provided.
Monthly subscriptions and or/ paid advertisement fees will automatically renew using the Customer’s current PayPal and/or credit card account number unless Customer or CloneSmart cancels their subscription three (3) days prior to the renewal date. Customer cancellations shall be made by emailing deleting your paid advertisements or by emailing [email protected]. All cancellation and non-renewal requests by Customer will be processed within three (3) business days. Once the cancellation is processed, a confirmation email will be sent via the customer’s email account on record with CloneSmart. Upon cancellation, the Customer’s access to paid services will immediacy be stopped regardless of how many days of service are remaining the current membership. CloneSmart does not prorate fees and will under no circumstances be obligated to make refunds for prorated days services.
If Customer has a question about a cancellation, Customer should contact CloneSmart Client Services at [email protected]. CloneSmart reserves the right to change its fees or billing methods at any time. CloneSmart will provide timely notice to the affected Customers of any such changes.
It is the Customer’s responsibility to promptly provide CloneSmart with any contact or billing information changes or updates (including phone number, email address, credit card numbers, PayPal information, etc.). Account updates should be made online via the “Dashboard” once Customer has logged into www.CloneSmart.com.
The Customer must notify CloneSmart about any billing problems or discrepancies within 60 days after charges first appear on their Account Statement. If it is not brought to CloneSmart’s attention within 60 days, Customer agrees to waive their right to dispute such problems or discrepancies.
Notwithstanding anything set forth herein to the contrary, any disputes about any charges to you under this Agreement must be submitted to us in writing to [email protected] within 60 days of the date such charges are incurred. You agree to waive all disputes not brought within the 60-day period, and all such charges will be final and not subject to challenge.
Right to Subcontract:
CloneSmart, in its sole discretion, may subcontract or delegate to an affiliate or third party any of its duties, obligations, or services offered.
Unsolicited Commercial Email (SPAM):
CloneSmart prohibits the use of our system or its tools to generate or send unsolicited commercial email (SPAM). Customers may not use the services that CloneSmart offers to send SPAM (i.e. unsolicited commercial email) or otherwise send content that would violate these Terms and Conditions. Customer agrees to send email only to those who have given Customer consent or with whom Customer has an established business relationship. CloneSmart has the right to revoke the privileges of any customer, user, or entity that breaches these terms.
CloneSmart reserves the right to terminate or suspend a Customer’s membership and or services upon a good faith determination of a violation of this Agreement or any material provision of another agreement between the parties or their affiliates. Cause for termination includes, but is not limited to, breaches or violations of the Terms and Conditions, legal injunction, court orders, requests by law enforcement, fraudulent or illegal activity by you, discontinuance, or material modification of CloneSmart services, nonpayment of fees owed by you in connection with CloneSmart or its affiliates’ services, account inactivity or technical or security issues. Upon termination, CloneSmart shall have no obligation to maintain or forward any content in your account.
Ownership and License Grant:
CloneSmart retains all rights (including Intellectual Property Rights as defined below), title and interest in the CloneSmart Service and all underlying technology and data including any enhancements and improvements thereto as a result of providing the Deliverables hereunder. Customer will not and will not allow others to: reverse engineer, decompile, disassemble, merge, copy, use, disclose, sell or transfer the underlying source code or structure or sequence of CloneSmart’s technology or delete or alter author attributes or copyright notices. Customer shall use the CloneSmart system solely for their own individual use and shall not share passwords with others or allow others to use the CloneSmart system under or through that Customer’s login ID/email and password; nor shall Customer use the CloneSmart system to list properties or conduct searches on behalf of other non-customer brokerage, research, analyst, sales or other similar personnel.
Intellectual Property Rights means all intellectual property rights (throughout the universe, in all media, now existing or created in the future, for all versions and elements, in all languages, and for the entire duration of such rights) arising under statutory or common law, contract, or otherwise, and whether or not perfected, including without limitation, (a) all rights associated with works of authorship including without limitation copyrights, moral rights, copyright applications, copyright registrations, synchronization rights; (b) rights associated with trademarks, service marks, trade names, logos, trade dress, and the applications for registration and registrations of trademarks and service marks; (c) rights relating to the protection of trade secrets and confidential information; (d) rights analogous to those set forth in this definition and any and all other proprietary rights relating to intangible property; and (e) divisions, continuations, renewals, reissues, and extensions of the foregoing (as and to the extent applicable) now existing, later filed, issued, or acquired.
Limitation of Liability and Indemnification:
IN NO EVENT SHALL CLONESMART BE LIABLE FOR ANY INDIRECT, EXEMPLARY, PUNITIVE, SPECIAL, INCIDENTAL, OR CONSEQUENTIAL DAMAGES (INCLUDING WITHOUT LIMITATION, DAMAGES FOR LOSS OF BUSINESS PROFITS, LOSS OF BUSINESS, INTERRUPTION OF BUSINESS, LOSS OF GOODWILL OR BUSINESS REPUTATION, OTHER INTANGIBLE LOSS, INACCURACIES, ERRORS OR OMISSIONS IN THE INFORMATION, PRODUCTS OR SERVICES PROVIDED, RELIANCE BY THE CUSTOMER ON THE COMPLETENESS OR ACCURACY OF INFORMATION, PRODUCTS OR SERVICES, LOSS OF USE OF DATA, LOSS OF DATA, COMPUTER VIRUSES, COMPUTER CORRUPTION, DELETION OR CORRUPTION OF CONTENT OR DATA MAINTAINED OR TRANSMITTED THROUGH THE USE OF CLONESMART’S SERVICES, PRIVATE LISTING FUNCTIONALITY OR CUSTOMER’S FAILURE TO KEEP CUSTOMER’S LOGIN AND/OR PASSWORD SECURE AND CONFIDENTIAL ARISING OUT OF THIS AGREEMENT. Customer’s exclusive remedy, and CloneSmart’s entire liability under this Agreement shall be a refund to Customer of the fees paid to CloneSmart hereunder, and in no event will CloneSmart’s liability for any reason exceed such fee. CloneSmart (and its officers, directors, employees and agents) shall not be liable for any damages whatsoever arising from Customer’s use of the Deliverables, and Customer shall indemnify CloneSmart (and CloneSmart’s officers, directors, employees and agents), and hold each of them harmless from and against any and all costs, damages or losses by any of them (including, without limitation, reasonable attorneys’ fees) as a result of a claim by any person other than Customer arising from Customer’s use or application of the Services or the Deliverables. Some jurisdictions do not allow the exclusion of liability for certain damages. As a result, some of the exclusions above may not apply to you. Additionally, CloneSmart does not have any responsibility or liability for any reviews or statements posted on the Websites regarding any products or services offered by any Customer or User of the CloneSmart Website or Service.
THE CONENT AND LISTINGS ARE PROVIDED “AS IS” WITHOUT WARRANTY OF ANY KIND. CLONESMART MAKES NO PROMISES, REPRESENTATION OR WARRANTIES, EITHER EXPRESS, IMPLIED, STATUTORY, OR OTHERWISE, WITH RESPECT TO THE LISTINGS, INCLUDING THEIR ACCURACY, OPERATION, CONFORMITY TO ANY REPRESENTATION OR DESCRIPTION, OR THE EXISTENCE OF ANY LATENT OR PATENT DEFECTS, AND CLONESMART SPECIFICALLY DISCLAIMS ALL IMPLIED WARRANTIES OF MERCHANTABILITY, TITLE, QUIET ENJOYMENT, WORKMANLIKE EFFORT, NO INFRINGEMENT AND FITNESS FOR A PARTICULAR PURPOSE, WARRANTIES RELATING TO ENCUMBRANCES’ OR LIENS, AND, UNDER THE LAW OF THE UNITED STATES, THE IMPLIED CONDITIONS OF SATISFACTORY QUALITY AND ACCEPTANCE AS WELL AS ANY LOCAL JURISDICTIONAL ANALOGUES TO THE ABOVE AND OTHER IMPLIED OR STATUTORY WARRANTIES. CLONESMART MAKES NO PROMISES, REPRESENTATIONS OR WARRANTIES THAT ACCESS TO CLONESMART’S SERVICES WILL BE UNINTERRUPTED OR SECURE. ANY MATERIAL DOWNLOADED FROM CLONESMART’S WEBSITE, INCLUDING LISTINGS ARE ACCESSED AT CUSTOMER’S OWN DISCRETION AND RISK, AND CUSTOMER WAIVES ALL CLAIMS AND CAUSES OF ACTION RELATING TO ANY DAMAGE TO CUSTOMER’S COMPUTER SYSTEM, INTERNET ACCESS, DOWNLOAD OR DISPLAY DEVICE OR LOSS OR CORRUPTION OF DATA THAT RESULTS FROM SUCH DOWNLOAD OF SUBMITTED CONTENT. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED FROM CLONESMART OR ITS SERVICES SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THE TERMS AND CONDITIONS. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES. AS A RESULT, SOME OF THE EXCLUSIONS ABOVE MAY NOT APPLY TO YOU.
Cannabis produced and used medicinally or recreationally is regulated differently in each state and municipality. Customer agrees that CloneSmart makes no guarantee or assumptions of its legality in any jurisdiction. CloneSmart recommends that you seek legal counsel that is knowledgeable in the local laws and regulations regarding cannabis before buying or starting a business or entering a real estate transaction.
Maps and Directions Disclaimer:
The maps and directions information provided by CloneSmart have been obtained from sources believed reliable. While CloneSmart does not doubt the accuracy of the maps and/or directions, we have not verified the information and make no guarantees, warranties or representations about the maps and/or directions, which include, but are not limited to the geographic boundaries for advertisements. It is your responsibility to independently confirm the accuracy and completeness of any map and/or set of directions. Customer assumes all risk of use. Neither CloneSmart nor its partners or suppliers assume any responsibility for loss, damage or delay caused by Customer’s use of and/or reliance on Customer’s use of CloneSmart’s information, products, or services.
Links to Third Party Sites:
CloneSmart also does not assume, and expressly disclaims, all liability for any viruses, worms, Trojan horses, defects, or other malfunctions caused by, resulting from, existing within, or in connection with such third-party sites and any links thereto.
If you believe that your work has been copied onto CloneSmart in a way that constitutes copyright infringement, please provide CloneSmart’s copyright agent the written information specified below. Please note that this procedure is exclusively for notifying CloneSmart that your copyrighted material has been infringed.
Complaints can be emailed to [email protected]
We may forward any notice(s) of alleged infringement pursuant to this Section to the person(s) who provided the allegedly infringing content.
CLONESMART, LLC will not be liable in any way for copyright violations because of content submitted to the service, the customer agrees to resolve and pay any monetary damages to CLONESMART, LLC as a result of copyright violations.
Customer acknowledges that CLONESMART, LLC may have a financial relationship with some of the companies mentioned and/ or displayed throughout the CloneSmart Service and Affiliated Websites and Services. We do not make recommendations based on these relationships alone. Compensation may impact which companies we review and write about and how and where products appear on this site including, for example, the order in which they appear.
Governing Law, Customer Right to Arbitrate, and Class Action Waiver:
This Agreement, and the Deliverables provided by CloneSmart, shall be governed by the laws of the State of California, without reference to conflict of laws principles. The parties hereby consent to the exclusive jurisdiction and venue of the State and Federal courts of Sacramento County, California for the adjudication of any disputes or claims arising out of and/or related to this Agreement. If any provision of this Agreement is found to be invalid or unenforceable by a court of competent jurisdiction, such provision shall be severed from the remainder of this Agreement, which shall remain in full force and effect.
Should CloneSmart file or threaten to file a judicial action against Customer alleging violation of CloneSmart’s intellectual property rights or violation of use provisions of this Agreement, Customer may elect to resolve CloneSmart’s claims through binding arbitration to be governed by the Commercial Arbitration Rules of the American Arbitration Association and to be held in Sacramento County pursuant to the laws of the State of California. Such right must be invoked within twenty (20) days of CloneSmart’s filing of or threat to file a judicial action. Provided, however, that nothing in this paragraph shall be construed to prohibit or prevent CloneSmart from requesting any legal or equitable relief or remedy of any kind in an action commenced in state or federal court or in any arbitration proceeding.
Should CloneSmart file or threaten to file a judicial action against Customer alleging violation of CloneSmart’s intellectual property rights or violation of use provisions of this Agreement as they pertain to Premium Lister or Premium Searcher products, Customer may elect to resolve CloneSmart’s claims through binding arbitration to be governed by the Commercial Arbitration Rules of the American Arbitration Association and to be held in San Francisco County pursuant to the laws of the State of California. Such right must be invoked within twenty (20) days of CloneSmart’s filing of or threat to file a judicial action. Provided, however, that nothing in this paragraph shall be construed to prohibit or prevent CloneSmart from requesting any legal or equitable relief or remedy of any kind in an action commenced in state or federal court or in any arbitration proceeding.
The Customer further agrees that arbitration shall be conducted in their individual capacities only and not as a class action or other representative action, and the parties expressly waive their right to file a class action or seek relief on a class basis. YOU AND CLONESMART AGREE THAT EACH MAY BRING CLAIMS AGAINST THE OTHER ONLY IN YOUR OR ITS INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE PROCEEDING. If any court or arbitrator determines that the class action waiver set forth in this paragraph is void or unenforceable for any reason or that an arbitration can proceed on a class basis, then the arbitration provisions set forth above shall be deemed null and void in their entirety and the parties shall be deemed to have not agreed to arbitrate disputes.
Notwithstanding the decision to resolve all disputes through arbitration, either party may bring enforcement actions, validity determinations or claims arising from or relating to theft, piracy, or unauthorized use of intellectual property in state or federal court or in the U.S. Patent and Trademark Office to protect its intellectual property rights (“intellectual property rights” means patents, copyrights, moral rights, trademarks, and trade secrets, but not privacy or publicity rights). Either CloneSmart or Customer may also seek relief in a small claims court for disputes or claims within the scope of that court’s jurisdiction.
Changes to this section will otherwise apply prospectively only to claims arising after the thirtieth (30th) day. If a court or arbitrator decides that this subsection on “Changes to This Section” is not enforceable or valid, then this subsection shall be severed from the section entitled “Arbitration and Class Action Waiver,” and the court or arbitrator shall apply the first Arbitration and Class Action Waiver section in existence after you began using the Service.
This Arbitration and Class Action Waiver section shall survive any termination of the Service.
This Agreement shall be binding upon and shall inure to the benefit of the parties and their respective successors and permitted assignees. The rights under this Agreement or any license granted hereunder may not be assigned, sublicensed, or otherwise transferred by Customer without the prior written consent of CloneSmart, which retains the right to withhold consent in its sole discretion.
WAIVER AND SEVERABILITY:
The failure of CloneSmart to exercise or enforce a legal right or remedy contained in the Terms and Conditions does not constitute a waiver of any such right or remedy. No waiver of any right, term or provision of the Terms and Conditions is deemed a waiver of any other right, term or provision. If a court of competent jurisdiction finds any provision of the Terms and Conditions to be invalid, Customer agrees that the remaining terms and provisions remain in full force and effect.
All notices to CloneSmart must be in writing and must be sent registered mail, certified mail, or overnight mail with a return receipt requested to Legal at CloneSmart.
Notices shall be sent to the following address:
CLONESMART, LLC | CloneSmart.com
PO Box 596
Orangevale, CA 95662
E-Mail Address: [email protected]
The terms and conditions of this Agreement constitute the entire agreement between the parties and supersede all previous agreements and understanding, whether oral or written, between the parties hereto with respect to the subject matter of this Agreement.
NO APPROVAL OR ENDORSEMENT:
The Customer acknowledges that CloneSmart does not approve, endorse, or sponsor any product or service other than those that are directly affiliated with CloneSmart. The Customer will not make any representation that CloneSmart approves, endorses, or sponsors any of the Customers products or services. Nothing in this Agreement shall be construed to mean or imply that the Customer has any license to use any CloneSmart trademark, service mark, logo or trade name unless otherwise specified in this agreement or in writing.
If CloneSmart finds it necessary to proceed with legal or collection actions, the Customer will be responsible legal and/or collection fees.