Terms and Conditions

Last Revised April 26, 2019 

Cleanlife Ventures LLC (“Cleanlife”) provides a mobile application that [allows the user to control lighting via a mobile application] (the “App”), that can be downloaded in the iOS or Android App Store. Please read carefully the following terms and conditions (“Terms of Service”) and our Privacy Policy, which may be found at [https://www.cleanlifesmart.com/privacy-policy/]. These Terms of Service govern your access to and use of the App, except as otherwise provided in these Terms of Service, all text, graphics, images, information or other materials available through the App (“Content”), and constitute a binding legal agreement between you and Cleanlife.

YOU ACKNOWLEDGE AND AGREE THAT, BY DOWNLOADING, ACCESSING OR USING THE APP, YOU ARE INDICATING THAT YOU HAVE READ, UNDERSTAND AND AGREE TO BE BOUND BY THESE TERMS OF SERVICE, WHETHER OR NOT YOU HAVE REGISTERED WITH THE APP. IF YOU DO NOT AGREE TO THESE TERMS OF SERVICE, THEN YOU HAVE NO RIGHT TO ACCESS OR USE THE APP OR CONTENT.

If you agree to these Terms of Service on behalf of a company or other legal entity, you represent and warrant that you have the authority to bind that company or other legal entity to these Terms of Service and, in such event, “you” and “your” will refer and apply to that company or other legal entity.

Eligibility

The App and the Content are intended solely for persons who are 13 or older. Any access to or use of the App by anyone under 13 is expressly prohibited. By accessing or using the App you represent and warrant that you are 13 or older.

Ownership

The App and Content are protected by copyright, trademark, and other laws of the United States and foreign countries. Cleanlife and its licensors exclusively own all right, title and interest in and to the App and Content, including all associated intellectual property rights. You will not remove, alter or obscure any copyright, trademark, service mark or other proprietary rights notices incorporated in or accompanying the App or Content.

Use of Content 

Subject to your compliance with the terms and conditions of these Terms of Service, you are permitted to access, view and print any Content solely for your personal and non-commercial purposes. You will not use, copy, adapt, modify, prepare derivative works based upon, distribute, license, sell, transfer, publicly display, publicly perform, transmit, stream, broadcast or otherwise exploit the App or Content, except as expressly permitted in these Terms of Service. No licenses or rights are granted to you by implication or otherwise under any intellectual property rights owned or controlled by Cleanlife or its licensors.

General Prohibitions

You may use the App for lawful purposes and in accordance with these Terms of Service. You agree notto do any of the following:

(a) Post, publish, submit or transmit any text, information or other material that: (i) infringes, misappropriates or violates a third party’s patent, copyright, trademark, trade secret, moral rights or other intellectual property rights, or rights of publicity or privacy; (ii) violates, or encourages any conduct that would violate, any applicable law or regulation or would give rise to civil liability; (iii) is fraudulent, false, misleading or deceptive; (iv) is defamatory, obscene, pornographic, vulgar or offensive; (v) promotes discrimination, bigotry, racism, hatred, harassment or harm against any individual or group; (vi) is violent or threatening or promotes violence or actions that are threatening to any other person; or (vii) promotes illegal or harmful activities or substances; (b) Use, display, mirror or frame the App, or any individual element within the App, Cleanlife’s name, any Cleanlife trademark, logo, copyright or other proprietary information, or the layout and design of any page or form contained on a page, without Cleanlife’s express written consent; (c) Access, tamper with, or use non-public areas of the App, Cleanlife’s computer systems, or the technical delivery  systems of Cleanlife’s providers; (d) Attempt to probe, scan, or test the vulnerability of any Cleanlife system or network or breach any security or authentication measures; (e) Avoid, bypass, remove, deactivate, impair, descramble or otherwise circumvent any technological measure implemented by Cleanlife or any of Cleanlife’s providers or any other third party (including another user) to protect the App or Content; (f) Attempt to access or search the App or Content or download Content from the App through the use of any engine, software, tool, agent, device or mechanism (including spiders, robots, crawlers, data mining tools or the like) other than the software and/or search agents provided by Cleanlife or other generally available third party web browsers; (g) Send any unsolicited or unauthorized advertising, promotional materials, email, junk mail, spam, chain letters or other form of solicitation; (h) Use any meta tags or other hidden text or metadata utilizing a Cleanlife trademark, logo URL or product name without Cleanlife’s express written consent; (i) Use the App or Content for any commercial purpose or the benefit of any third party or in any manner not permitted by these Terms of Service; (j) Forge any TCP/IP packet header or any part of the header information in any email or newsgroup posting, or in any way use the App or Content to send altered, deceptive or false source-identifying information; (k) Attempt to decipher, decompile, disassemble or reverse engineer any of the software used to provide the App or Content; (l) Interfere with, or attempt to interfere with, the access of any user, host or network, including, without limitation, sending a virus, overloading, flooding, spamming, or mail-bombing the App; (m) Collect or store any personally identifiable information from the App from other users of the App without their express permission; (n) Impersonate or misrepresent your affiliation with any person or entity; (o) Violate any applicable law or regulation; or (p) Encourage or enable any other individual to do any of the foregoing. Cleanlife will have the right to investigate and prosecute violations of any of the above to the fullest extent of the law. Cleanlife may involve and cooperate with law enforcement authorities in prosecuting users who violate these Terms of Service. You acknowledge that Cleanlife has no obligation to monitor your access to or use of the App or Content, or to review or edit any Content, but has the right to do so for the purpose of operating the App, to ensure your compliance with these Terms of Service, or to comply with applicable law or the order or requirement of a court, administrative agency or other governmental body. Cleanlife reserves the right, at any time and without prior notice, to remove or disable access to any Content, including any Content that Cleanlife, at its sole discretion, considers to be in violation of these Terms of Service or otherwise harmful to the App or the Content.

Feedback; User Contributions

We welcome and encourage you to provide feedback, comments and suggestions for improvements to the App (“Feedback”). You may submit Feedback by emailing us at support@Cleanlifeled.com. 

The App may contain message boards, chat rooms, personal web pages or profiles, forums, bulletin boards and other interactive  features that allow users to post, submit, publish, display, or transmit to other users or other persons content or materials (collectively, and together with Feedback “User Contributions”) on or through the App. All User Contributions must comply with these Terms of Use.

Any User Contribution you post to the site will be considered non-confidential and non-proprietary. By providing any User Contribution on the App, you grant us and our affiliates and service providers, and each of their and our respective licensees, successors, and assigns the right to use, reproduce, modify, perform, display, distribute, and otherwise disclose to third parties any such material according to your account settings.

You represent and warrant that:

  • You own or control all rights in and to the User Contributions and have the right to grant the license granted above to us and our affiliates and service providers, and each of their and our respective licensees, successors, and assigns.
  • All of your User Contributions do and will comply with these Terms of Use.

You understand and acknowledge that you are responsible for any User Contributions you submit or contribute, and you, not the Company, have full responsibility for such content, including its legality, reliability, accuracy, and appropriateness.

We are not responsible or liable to any third party for the content or accuracy of any User Contributions posted by you or any other user of the App. 

Monitoring and Enforcement; Termination

Cleanlife reserves the right to:

  • Remove or refuse to post any User Contributions for any or no reason in our sole discretion.
  • Take any action with respect to any User Contribution that Cleanlife deems necessary or appropriate in our sole discretion, including if we believe that such User Contribution violates the Terms of Services, infringes any intellectual property right or other right of any person or entity, threatens the personal safety of users of the App or the public, or could create liability for Cleanlife.
  • Disclose your identity or other information about you to any third party who claims that material posted by you violates their rights, including their intellectual property rights or their right to privacy.
  • Take appropriate legal action, including without limitation, referral to law enforcement, for any illegal or unauthorized use of the App.
  • Terminate or suspend your access to all or part of the App or Content for any or no reason, including without limitation, any violation of these Terms of Use.

Without limiting the foregoing, Cleanlife has the right to cooperate fully with any law enforcement authorities or court order requesting or directing us to disclose the identity or other information of anyone posting any materials on or through the App. YOU WAIVE AND HOLD HARMLESS CLEANLIFE AND ITS AFFILIATES, LICENSEES, AND SERVICE PROVIDERS FROM ANY CLAIMS RESULTING FROM ANY ACTION TAKEN BY ANY OF THE FOREGOING PARTIES DURING, OR TAKEN AS A CONSEQUENCE OF, INVESTIGATIONS BY EITHER SUCH PARTIES OR LAW ENFORCEMENT AUTHORITIES.

However, we do not undertake to review material before it is posted on the App, and cannot ensure prompt removal of objectionable material after it has been posted. Accordingly, Cleanlife assumes no liability for any action or inaction regarding transmissions, communications, or content provided by any user or third party. Cleanlife has no liability or responsibility to anyone for performance or nonperformance of the activities described in this section.

Disclaimers

THE APP AND CONTENT ARE PROVIDED “AS IS”, WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED. WITHOUT LIMITING THE FOREGOING, CLEANLIFE EXPLICITLY DISCLAIMS ANY WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, QUIET ENJOYMENT OR NON-INFRINGEMENT, AND ANY WARRANTIES ARISING OUT OF COURSE OF DEALING OR USAGE OF TRADE. CLEANLIFE MAKES NO WARRANTY THAT THE APP OR CONTENT WILL MEET YOUR REQUIREMENTS OR BE AVAILABLE ON AN UNINTERRUPTED, SECURE OR ERROR-FREE BASIS. CLEANLIFE MAKES NO WARRANTY REGARDING THE QUALITY OF THE APP OR CONTENT OBTAINED THROUGH THE APP OR THE ACCURACY, TIMELINESS, TRUTHFULNESS, COMPLETENESS OR RELIABILITY OF ANY CONTENT OBTAINED THROUGH THE APP.

YOU UNDERSTAND AND AGREE THAT ANY INFORMATION STORED ON OR ACCESSIBLE VIA THE APP IS STORED AND ACCESSIBLE AT YOUR OWN DISCRETION AND RISK AND THAT CLEANLIFE WILL NOT BE RESPONSIBLE FOR ANY LOSS OF OR DAMAGE TO SUCH INFORMATION AND DISCLAIMS ALL LIABILITY IN THIS REGARD.

Indemnity

You agree to defend, indemnify, and hold Cleanlife, its officers, directors, employees and agents, harmless from and against any claims, liabilities, damages, losses, and expenses, including, without limitation, reasonable legal and accounting fees, arising out of or in any way connected with your access to or use of the App or Content, or your violation of these Terms of Service.

Limitation of Liability

YOU ACKNOWLEDGE AND AGREE THAT, TO THE MAXIMUM EXTENT PERMITTED BY LAW, THE ENTIRE RISK ARISING OUT OF YOUR ACCESS TO AND USE OF THE APP OR CONTENT REMAINS WITH YOU. NEITHER CLEANLIFE NOR ANY OTHER PARTY INVOLVED IN CREATING, PRODUCING, OR DELIVERING THE APP OR CONTENT WILL BE LIABLE FOR ANY INCIDENTAL, SPECIAL, EXEMPLARY OR CONSEQUENTIAL DAMAGES, INCLUDING LOST PROFITS, LOSS OF DATA OR LOSS OF GOODWILL, SERVICE INTERRUPTION, COMPUTER DAMAGE OR SYSTEM FAILURE OR THE COST OF SUBSTITUTE PRODUCTS OR SERVICES, ARISING OUT OF OR IN CONNECTION WITH THESE TERMS OF SERVICE OR FROM THE USE OF OR INABILITY TO USE, THE APP OR CONTENT, WHETHER BASED ON WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE), PRODUCT LIABILITY OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT CLEANLIFE HAS BEEN INFORMED OF THE POSSIBILITY OF SUCH DAMAGE, EVEN IF A LIMITED REMEDY SET FORTH HEREIN IS FOUND TO HAVE FAILED OF ITS ESSENTIAL PURPOSE.

IN NO EVENT WILL CLEANLIFE’S AGGREGATE LIABILITY ARISING OUT OF OR IN CONNECTION WITH THESE TERMS OF SERVICE OR FROM THE USE OF OR INABILITY TO USE THE APP OR CONTENT EXCEED ONE HUNDRED DOLLARS ($100). THE LIMITATIONS OF DAMAGES SET FORTH ABOVE ARE FUNDAMENTAL ELEMENTS OF THE BASIS OF THE BARGAIN BETWEEN CLEANLIFE AND YOU. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, SO THE ABOVE LIMITATION MAY NOT APPLY TO YOU.

Limitation on Time to File Claims

ANY CAUSE OF ACTION OR CLAIM YOU MAY HAVE ARISING OUT OF OR RELATING TO THESE TERMS OF USE OR THE APP MUST BE COMMENCED WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION ACCRUES; OTHERWISE, SUCH CAUSE OF ACTION OR CLAIM IS PERMANENTLY BARRED.

Links from the App

If the App contains links to other sites, apps, or resources provided by third parties, these links are provided for your convenience only. This includes links contained in advertisements, including banner advertisements and sponsored links. Cleanlife has no control over the contents of those sites or resources, and accepts no responsibility for them or for any loss or damage that may arise from your use of them. If you decide to access any of the third-party websites or apps linked to this App, you do so entirely at your own risk and subject to the terms and conditions of use for such websites.

Proprietary Rights Notices

All trademarks, service marks, logos, trade names and any other proprietary designations of Cleanlife used herein are trademarks or registered trademarks of Cleanlife. Any other trademarks, service marks, logos, trade names and any other proprietary designations are the trademarks or registered trademarks of their respective parties.

Controlling Law and Jurisdiction

These Terms of Service and any action related thereto will be governed by the laws of the State of Ohio without regard to its conflict of laws provisions. The exclusive jurisdiction and venue of any action to prevent the actual or threatened infringement, misappropriation or violation of a party’s copyrights, trademarks, trade secrets, patents or other intellectual property rights will be the state and federal courts located in Cuyahoga County and each of the parties hereto waives any objection to jurisdiction and venue in such courts.

Entire Agreement

These Terms of Service constitute the entire and exclusive understanding and agreement between Cleanlife and you regarding the App and Content, and these Terms of Service supersede and replace any and all prior oral or written understandings or agreements between Cleanlife and you regarding the App and Content.

Modification

Cleanlife reserves the right, at its sole discretion, to modify, discontinue or terminate App or the Content or to modify these Terms of Service, at any time and without prior notice. If we modify these Terms of Service, we will post the modification on the App or provide you with notice of the modification. By continuing to access or use the App after we have posted a modification on the App or have provided you with notice of a modification, you are indicating that you agree to be bound by the modified Terms of Service. If the modified Terms of Service are not acceptable to you, your only recourse is to cease using the App.

Assignment

You may not assign or transfer these Terms of Service, by operation of law or otherwise, without Cleanlife’s prior written consent. Any attempt by you to assign or transfer these Terms of Service, without such consent, will be null and of no effect. Cleanlife may assign or transfer these Terms of Service, at its sole discretion, without restriction. Subject to the foregoing, these Terms of Service will bind and inure to the benefit of the parties, their successors and permitted assigns.

Notices

Any notices or other communications permitted or required hereunder, including those regarding modifications to these Terms of Service, will be in writing and given: (i) by Cleanlife via email (in each case to the address that you provide) or (ii) by posting to the App. For notices made by e-mail, the date of receipt will be deemed the date on which such notice is transmitted.

General

The failure of Cleanlife to enforce any right or provision of these Terms of Service will not constitute a waiver of future enforcement of that right or provision. The waiver of any such right or provision will be effective only if in writing and signed by a duly authorized representative of Cleanlife. Except as expressly set forth in these Terms of Service, the exercise by either party of any of its remedies under these Terms of Service will be without prejudice to its other remedies under these Terms of Service or otherwise. If for any reason a court of competent jurisdiction finds any provision of these Terms of Service invalid or unenforceable, that provision will be enforced to the maximum extent permissible and the other provisions of these Terms of Service will remain in full force and effect. 

Contacting Cleanlife:

If you have any questions about our Terms of Service, please contact us at support@Cleanlifeled.com.