Klava, LLC (“we”, “us” and/or “our”) provides a platform of Services (“Klava Fund”) for people (“Fund Organizer”) to create funding initiatives (“Initiatives”) for personal or altruistic reasons to accept monetary gifts (“Gifts”) from donors (“Donors”). Our services, which include our website(s), products, services and applications, (the "Services”) are accessible at Apple App Store and Google Play Store as well as our website https://www.klavalabs.com (the “Site”), and various online tools and services. The term “you” or “your” where appropriate, may refer to individual users (each, a “User”), whether such user is a Fund Organizer or a Gift Giving Donor. If you are accessing the Service on behalf of a company, corporation or other entity, then “you,” “your,” “Company” and “User” refers to that entity.
Registration & Eligibility: To access certain features of the Services you may be required to register with Klava, LLC. If you choose to register, you agree to provide and or maintain, accurate and complete information about your account. We also reserve the right to disallow anyone from registering for the Services.
You must be at least 13 years of age to access and use the Services. Any use of the Services is void where prohibited. By accessing and using the Services, you represent and warrant that you have the right, authority and capacity to enter into this Agreement and to abide by all of the terms and conditions of this Agreement. If you are under the age of majority in your jurisdiction (18 or 19 years of age typically), you may use the Services, with or without registering, only with the approval of your parent or guardian. If you are accessing the Services on behalf of a corporation or other entity, you represent and warrant that you are authorized to do so. Using the Services may be prohibited or restricted in certain countries, in which case you are not allowed to access or use the Services if you are in one of those countries. If you use the Services from outside of the United States, you are responsible for complying with the laws and regulations of the territory from which you access or use the Site or Services.
Protecting Login Credentials: You will be required to select a username and password (“Login Credentials”) when completing the registration process. The username is the User’s email address and the User will create a password. You are solely and fully responsible for maintaining the confidentiality of your Login Credentials, and you are solely and fully responsible for all activities occurring under your username and password. You may not share your account information, or allow access to your account, by any third party. You agree to use reasonable efforts to prevent unauthorized access to or use of the Services and to preserve the confidentiality of your Login Credentials, and any device that you use to access the Services. To that end, you agree to immediately notify Klava, LLC., at the contact information provided herein of any unauthorized use of your username and password or any other breach of security. Klava, LLC., shall not be liable for any loss, damage or other liability arising from your failure to comply with this section or from any unauthorized access to or use of your account.
Data Retention: You acknowledge that Klava, LLC., reserves the right to delete or to terminate accounts or Fund Initiatives at any time and for any reason, with or without notice, and without any liability to you or to any third party for any claims, damages, costs or losses resulting therefrom. In addition you acknowledge that we have no obligation to retain data related to any account or Fund Initiative.
ARBITRATION, CLASS ACTION, AND JURY TRIAL WAIVER: EXCEPT AS OTHERWISE STATED IN THE DISPUTES SECTION BELOW, BY USING THE KLAVA’S LLC., APPS(COLLECTIVELY “SERVICES”), YOU AGREE THAT DISPUTES BETWEEN US WILL BE RESOLVED BY BINDING, INDIVIDUAL ARBITRATION AND YOU WAIVE YOUR RIGHT TO A JURY TRIAL OR TO PARTICIPATE IN A CLASS ACTION. PLEASE REVIEW THE DISPUTES SECTION CAREFULLY; BY ENTERING THIS AGREEMENT, YOU EXPRESSLY ACKNOWLEDGE THAT YOU HAVE READ AND UNDERSTAND ALL OF THE TERMS OF THIS AGREEMENT.
Overview of Services: Klava LLC., Klava Fund App is an online mobile app service that allows Users, Fund Organizers, to create funding initiatives. Fund Organizers can choose to be the receiver of the payout or allow Klava LLC., to manage the payout. Donors can be directed to the app via a hashtag or QR code to gift to the fund initiative. The services connect fund initiators to donors and allow for monetary transactions. Funds for personal gain will be paid out to the fund owner be it that they successfully associate a payout method to their account. Funds managed by Klava LLC., will require a minimum donation amount, $3500USD, to be paid out to a charity, cause, or campaign. Klava LLC., managed initiatives that do not receive the minimum amount will be transferred to Klava’s, LLC., general account. While the Fund creator can advise on whom to payout the fund to, Klava LLC., reserves the right to choose otherwise. Donors submit payments at their own risk and shall expect no refunds. All Funds that expire but still have donations that the owner failed to payout shall be transferred to Klava’s LLC., general account. Unless explicitly specified otherwise in this Agreement or on the Services, Klava’s LLC., responsibilities are limited to facilitating the availability of the Services. For information regarding the Services and how they work, please download the App and visit the Site.
Services are platforms: Klava, LLC is not a Broker, Creditor, Charity, or Financial Institution. Klava, LLC., facilitates the Fund Initiative made by the Fund Organizer and allows Donors to make gifts to the Fund Initiative cause be it personal or more for a cause or charity. Furthermore Klava, LLC., is not a 501(c)(3) nonprofit corporation.
Klava, LLC., has no control over the conduct of, or any information provided by, a User and hereby disclaims all liability in this regard to the fullest extent permitted by applicable law. We do not guarantee that a Fund Initiative will obtain a certain amount of Donations or any Donations at all. We expressly disclaim any liability or responsibility for the outcome or success of any Fund Initiative. We do not endorse any Fund Initiative, User, or cause and we make no guarantee, express or implied, that any information provided through the Services is accurate. Donors, must make the final determination as to the value and appropriateness of contributing to any User or Fund Initiative.
Klava, LLC., reserves the right to modify, suspend or discontinue, temporarily or permanently, the Services(or any part thereof) at any time for any reason, with or without notice, and without any liability to Users or to any third party for any claims, damages, costs, or losses resulting therefrom.
Fees and Payments:
Donor Fees: A service fee between Ten (10) percent to Twenty (20) percent of the gift amount will be added to the payment at the time of the transaction. The service fee will be withheld from the fund and retained by Klava, LLC.
Payment & Payout Processor Fees: Industry-standard payment processor fees apply (referred in services as “Payment Processor Fees”). The payment & payout processor fee will be withheld from the fund amount available for payout. We use Stripe for payment & payouts refer to their terms for details on fees.
Fund Initiator Fees: Although creating a fund initiative is free to setup, the availability to fund expires Fourteen (14) days from the time of creation of the fund. The Fund owner has the option to extend this expiration of the fund Seven (7) days, from the time of payment, for a fee of $10USD. This fee will be retained by Klava, LLC.
Payments from Donors: Donors make payment for gifts to Klava LLC., through the Services at their own risk. No refunds. Payments are processed through Stripe, a third party online payment processing company. Some Donations to certain causes require information from the Donors. If the Donors do not provide the proper information their Donation may be transferred to Klava’s LLC., general fund. Klava LLC., does not hold credit card details or bank account details on its servers. Klava LLC., does get a token for your connected payment and payout methods along with a small indicator of the identity, like the last four digits of a card so you can distinguish what account/card is being used.
Payouts(Receiving Funds) to Fund Organizers and Beneficiaries: Upon receiving payment from the Donor, Klava LLC., retains its Fee and makes payout, minus any applicable Payment Processor Fees, available to the Fund Owner if payout is not disabled. If payout is disabled by the Fund Initiator then the payout will be handled by Klava, LLC. Payments to Fund Organizers are processed through Stripe, a third party online payment processing company. Klava LLC., does not hold credit card details or bank account details on its servers. Klava LLC., does get a token for your connected payment and payout methods along with a small indicator of the identity, like the last four digits of a card so you can distinguish what account/card is being used.
Payouts of Funds managed by Klava, LLC., will be done after thorough review and consideration of the Fun Initiator’s advice. It will be the sole discretion of Klava’s, LLC., internal procedures for evaluation of which beneficiary should receive the funds.
Klava, LLC., does not withhold funds for tax purposes or otherwise. Beneficiaries will be solely responsible for taxes based on applicable international, federal, state, local or any other taxes or levies, or for any applicable taxes on net income or gross receipts (if any apply).
It is your responsibility to determine what, if any, taxes apply to the Donations(gifts) you receive through your use of the Services. It is solely your responsibility to assess, collect, report or remit the correct tax, if any, to the appropriate tax authority.
Mobile Services: Standard Messaging and Data Rates Apply. Your use of the Services is subject to all standard messaging and data rates assessed by your mobile access provider. Not all Mobile Services may work with all carriers or devices. By using the Mobile Services, you agree that we may communicate with you by SMS, MMS, text message or other electronic means to your mobile device and that certain information about your usage of the Mobile Services may be communicated to us.
Disputes or Chargebacks: ARBITRATION CLAUSE & CLASS ACTION WAIVER - PLEASE READ AS THIS IS IMPORTANT AND AFFECTS YOUR LEGAL RIGHTS
YOU AGREE ALL DISPUTES RELATING TO US (WHETHER OR NOT INVOLVING A THIRD PARTY) WILL BE RESOLVED BY BINDING, INDIVIDUAL ARBITRATION AND YOU AND WE HEREBY WAIVE TRIAL BY JURY OR TO PARTICIPATE IN A CLASS ACTION.
Arbitration will be settled under Federal Arbitration Act. Administered by the American Arbitration Association("AAA"). Find more information about the Rules and filing forms at www.adr.org.
Prior to arbitration the seeker must send notice of dispute via certified mail to the address listed at the bottom of these Terms. Then also send via e-mail, to the email listed at the bottom of these Terms, with Subject "Notice of Arbitration". Must include nature & basis of claim or dispute and sought demand for rectification. We will make all efforts to resolve the matter but may move commence an arbitration proceeding after 60 days from the certified mail signature. All communications and proceedings will be confidential unless agreeded by both parties in writing.
If you believe you have been incorrectly charged by Klava LLC., you must contact us in writing within 30 days of the billing date for the charge in question to be eligible to receive an adjustment or credit. If you initiate a chargeback or otherwise reverse a payment made with your Payment Method, Klava LLC., may in its discretion terminate your account immediately. If we successfully dispute the reversal, and the reversed funds are returned, you are not entitled to a refund or to have your account reinstated.
Reservation of Rights: Klava LLC., reserves the right to modify its fees and charges and to introduce new charges.
License to You: Subject to this Agreement, Klava LLC., policies, and to the extent permitted under all applicable laws and regulations, Klava LLC., grants you a personal, limited, non-exclusive, non-transferable, non-sublicenseable and revocable license to access and use the Services solely for your own personal, non-commercial use.
License Limitations: You may not directly rent, lease, lend, sell, redistribute or sublicense the Services. You may not copy, decompile, reverse engineer, disassemble, attempt to derive the source code of, modify, or create derivative works of any portion of the Services, any updates, or any part thereof (except as and only to the extent any foregoing restriction is prohibited by applicable law), nor attempt to disable or circumvent any security or other technological measure designed to protect the Services or any content available through the Services. If you breach these license restrictions, or otherwise exceed the scope of the licenses granted in the Terms, then you may be subject to prosecution and damages, as well as liability for infringement of intellectual property rights, and denial of access to the Services.
Applicability to Updates: The terms of these Terms will govern any updates provided to you by Klava LLC., that replace and/or supplement the Services, unless such upgrade is accompanied by a separate license or revised Terms, in which case the terms of that license or revised Terms will govern.
Acceptable Use Policy.
Your Responsibilities: By registering for, accessing and using the Service, you understand and agree that you are responsible for the following:
Your compliance with this Agreement;
Taking appropriate security measures to prevent the unauthorized disclosure of your Login Credentials;
The accuracy, quality, integrity, legality, reliability, and appropriateness of the content you submit to the Services;
You are solely responsible for complying with applicable local, state, federal and international laws, regulations, and ordinances with respect to your use of the Services, including but not limited to those related to the protection of intellectual property, data privacy, international communications and the transmission of technical or personal data;
If you are not the intended beneficiary but took payout, you agree to deliver funds to the ultimate beneficiary as soon as possible and directly;
All activity that occurs under your account; and
Procuring all necessary rights to use any third party software (e.g., web browser), services (e.g., internet access) or equipment that may be needed to use the Services.
Restrictions on Use: Without limiting the foregoing, you further agree not to:
use the Services or any portion thereof for any purpose in violation of local, state, national, or international law;
use the Services involving funding for US sanctioned beneficiaries be it a country, region, government, person or entity;
use the Services in violation of the payment card providers and transaction processors that are utilized with the Services;
use the Services for Fund Initiatives that we deem to be in support or for legal defense of crimes associated with terrorism, discrimination, bullying, harassment, hate or intolerance related to race, ethnicity, religious views, sexual identity, gender identity, age or disabilities;
use the Services gambling including promotions of monetary rewards or sweepstakes;
use the Services involving knives, explosives, ammunition, firearms or other weaponry or accessory deemed to be used to cause personal harm;
use the Services involving misleading causes, defrauding intentions, inaccurate, dishonest Fund Initiatives;
use the Services involving Investment opportunities such but not limited to annuities, investments, loans, equity, lottery contracts, lay-away systems, off-shore banking, similar money services, crypto-currencies, currency exchanges, check cashing, pyramid schemes;
use the Services involving bribes, bounty, vigilantism, money laundering, sale of copyrighted material, counterfeit materials, debt repair, pornography, drugs, controlled substances, medical practices, sexual content, ransom, reputational ransom or exploitation;
use the Services involving any activity we find to not fit the spirit of Funding for the common good as deemed by our sole discretion;
solicit, or attempt to solicit, users to visit a third-party site;
interfere with or damage the Services including, without limitation, through the use of viruses, spyware, malware, harmful code, flood pings, denial of service attacks, packet or IP spoofing, forged routing, or methods that in any way reproduce or circumvent the navigational structure or presentation of the Services or its contents;
collect, store, or distribute any information about any other user other than in the course of the permitted use of the Services;
solicit, or attempt to solicit, personal information from other users;
restrict, discourage or inhibit any person from using the Services, disclose personal information about a third person on the Services or obtained from the Services without the consent of such person, or collect information about users;
gain or attempt to gain unauthorized access to the Services, to other users’ accounts, names or personally identifiable information, or to other computers or websites connected or linked to the Services;
engage in spidering, “screen scraping,” “database scraping,” harvesting of email addresses, wireless addresses or other contact or personal information, or any other automatic means of obtaining lists of users or other information from or through the Services;
impersonate any person, company, or entity;
restrict or inhibit any other user from using or enjoying the Services;
intentionally or unintentionally violate any applicable law or regulation;
Send or otherwise transmit to or through the Services chain letters, unsolicited messages, so-called “spamming” or “phishing” messages, or messages marketing or advertising goods and services;
access, tamper with, or use non-public areas of the Services, Klava LLC., (and its hosting company’s) computer systems and infrastructure, or the technical delivery systems of Klava’s LLC., providers; or
assist any third party in doing any of the foregoing.
User Content: The Services may allow you to post or submit content to or through the Services, including, without limitation, written materials, photographs, videos, messages, documents, images, or any other information or audiovisual material (collectively, “User Content”). You are solely responsible for User Content that you post or submit to or through the Service.
Klava LLC., does not monitor or approve content posted or submitted to the Services by any other user; however, we may, in our sole and unfettered discretion, screen, edit, remove, or delete any User Content at any time, for any reason and without notice.
Klava LLC., also does not endorse any User Content or any opinion, recommendation, or advice expressed therein, nor is Klava LLC., responsible for the accuracy or reliability of any opinion, advise, or statement made by anyone on or through the Services other than an authorized Klava LLC., representative speaking in his or her official capacity. Klava LLC., expressly disclaims any and all liability in connection with User Content.
License to User Content: By posting or submitting User Content on the Services, you grant and warrant that you have the right to grant (or have obtained all necessary third party permissions to grant) to Klava LLC., and its licensees, affiliates, successors, and assigns, a perpetual, irrevocable, worldwide, non-exclusive, fully paid-up, royalty-free, sub-licenseable right and license (“License”) to use, reproduce, adapt, modify, distribute, translate, publish, create derivative works based on, perform, display and otherwise exploit User Content anywhere in the world, in whole or in part, in any media now known or hereafter developed, for purposes of operating and providing the Services to you, for promotional or commercial purposes, and otherwise in connection with the Services.
You also grant all other users of the Services a non-exclusive, irrevocable, worldwide, royalty-free license to access, view, and reproduce User Content for non-commercial, personal purposes as permitted through the functionality of the Services. These rights are limited and non-sublicenseable.
You are solely responsible for all User Content. You represent and warrant that you own all your User Content or you have all rights that are necessary to grant us the license rights in your User Content under these Terms. You also represent and warrant that neither your User Content, nor your use and provision of your User Content to be made available through the Services, nor any use of your User Content by us on or through the Services will infringe, misappropriate or violate a third party’s intellectual property rights or rights of publicity or privacy, or result in violation of any applicable law or regulation. You further represent and warrant that you have obtained all necessary consent and authority from any individual whose likeness appears in any of User Content which you post on or submit to the Services to: 1) post and submit such content on or to the Services; and 2) permit Klava LLC., and our licensees, affiliates, and successors to use such content in accordance with the foregoing license.
You hereby waive, represent, and warrant that you have obtained the waiver of any and all moral rights in User Content that you submit or post on or through the Services including, without limitation, rights of attribution or integrity, and any similar rights in any jurisdiction worldwide.
Prohibited User Content: As a condition of accessing and using the Services, you agree not to post or submit User Content that:
promotes drinking and driving or irresponsible consumption of alcohol, is unlawful, threatening, abusive, libelous, defamatory, slanderous, obscene, vulgar, pornographic, indecent, lewd, racially offensive, suggestive, harassing, threatening, or would constitute a criminal offense, give rise to civil liability, or otherwise violate any local, state, national, or international law or regulation;
violates or infringes upon the rights of others (including Klava LLC.) including, without limitation, privacy or publicity rights, intellectual property rights including, without limitation, copyright, patent, trade secret, or trademark rights, or other rights, without first obtaining permission from the owner or rights holder;
promotes malice or harm of any kind against any group or individual;
solicits user passwords, financial information, or personal identification for unlawful purposes;
contains a virus, spyware, malware, or harmful software; or
constitutes junk mail, unsolicited mass mail, or spam; or
promotes the services of a direct competitor of Klava LLC.
The foregoing is only a partial list of the kind of User Content which is prohibited on the Services. Klava LLC., reserves the right to investigate and take appropriate action, legal or otherwise, in its sole discretion against anyone who violates this section including, without limitation, removing the offending content from the Services and terminating the violator's Services access.
Proprietary Rights: Unless otherwise noted, Klava LLC., owns and retains all proprietary rights in the App, Site and the Services, and in all content, trademarks, trade names, service marks, graphics, designs, copyrights, trade dress, and other intellectual property rights related thereto. The Services contains the copyrighted material, trademarks, and other proprietary information of Klava LLC., and its licensors. All other trademarks not owned by Klava LLC., (or its affiliates) that appear on the Services are the property of their respective owners, who may or may not be affiliated with, connected to, or sponsored by Klava LLC., or its affiliates. You agree to not copy, modify, transmit, create any derivative works from, make use of, or reproduce in any way any copyrighted material, trademarks, trade names, service marks, or other intellectual property or proprietary information accessible on or through the Services, without first obtaining the prior written consent of Klava LLC., or, if such property is not owned by Klava LLC., the owner of such intellectual property or proprietary rights. You agree to not remove, obscure or otherwise alter any proprietary notices appearing on any content, including copyright, trademark and other intellectual property notices.
Copyright Policy: Take-Down Requests. In submitting or otherwise uploading any User Content to the Services, you may not post, distribute, or reproduce in any way any copyrighted material, trademarks, or proprietary information without obtaining the prior written consent of the owner. If you believe that your work has been copied and posted on the Services in any way that constitutes copyright infringement, please provide our Copyright Agent with the following information:
an electronic or physical signature of the person authorized to act on behalf of the owner of the copyright interest;
a description of the copyrighted work that you claim has been infringed;
a description of where the material that you claim is infringing is located on the Services (and such description must be reasonably sufficient to enable Klava LLC., to find the alleged infringing material, such as a screenshot);
your address, telephone number and email address;
a written statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law; and
a statement by you, made under penalty of perjury, that the above information in your notice is accurate and that you are the copyright owner or authorized to act on the copyright owner’s behalf.
Notice of claims of copyright infringement should be provided to Klava’s LLC., Copyright Agent at the following address:
Agent: Stephen Klava
Address: Klava LLC.
612 Mulford St. #201
Evanston, IL 60202
Klava LLC., will process proper Take-Down Requests, will promptly remove or disable access to any offensive or infringing content, and will terminate the accounts of repeat infringers.
Interactions with Other Services Users. You understand that, except as specified herein, Klava LLC., does not screen users or perform criminal background checks of other users. Klava LLC., makes no representations or warranties as to user conduct. Klava LLC., reserves the right, without obligation, to: 1) monitor all interactions between users; and 2) take any action in good faith to restrict access to or the availability of any User Content which Klava LLC., considers prohibited.
YOU ARE SOLELY RESPONSIBLE FOR INTERACTIONS WITH OTHER SERVICES USERS. KLAVA LLC., SHALL NOT BE RESPONSIBLE FOR ANY DAMAGE OR HARM RESULTING FROM YOUR INTERACTIONS WITH OTHER USERS OF THE SERVICES OR FOR THE CONDUCT OF SUCH USERS, WHETHER ONLINE OR OFFLINE, AND YOU IRREVOCABLY RELEASE KLAVA LLC., ITS EMPLOYEES, AGENTS, AFFILIATES, DIRECTORS, OFFICERS, REPRESENTATIVES, SUBCONTRACTORS, LICENSORS, SUCCESSORS, AND ASSIGNS (COLLECTIVELY, THE “KLAVA LLC., PARTIES”) FROM ANY AND ALL CLAIMS, DEMANDS AND DAMAGES (ACTUAL AND CONSEQUENTIAL) OF EVERY KIND AND NATURE, KNOWN AND UNKNOWN, ARISING OUT OF OR IN ANY WAY CONNECTED WITH SUCH DISPUTES. BY USING THE SERVICE, YOU AGREE THAT ANY LEGAL REMEDY OR LIABILITY THAT YOU SEEK TO OBTAIN FOR ACTIONS OR OMISSIONS OF OTHER REGISTERED USERS OR OTHER THIRD PARTIES WILL BE LIMITED TO A CLAIM AGAINST THE PARTICULAR USERS OR OTHER THIRD PARTIES WHO CAUSED YOU HARM. YOU AGREE NOT TO ATTEMPT TO IMPOSE LIABILITY ON OR SEEK ANY LEGAL REMEDY FROM KLAVA LLC., OR ANY KLAVA LLC., PARTIES WITH RESPECT TO SUCH ACTIONS OR OMISSIONS.
Links and Third Party Services. In the event that the Services contains links to other internet sites, services (including other mobile apps) and resources, and you acknowledge and agree that: 1) Klava LLC., shall not be responsible for the availability or functionality of such external sites, services or resources; and 2) Klava LLC., does not endorse and is not responsible or liable for any content, advertising, products, or other materials on or available from such services or resources. You agree that Klava LLC., shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with the use of, or reliance upon, any such content, goods or services available on or through any such Services or resource.
Disclaimer. THE SERVICES, INCLUDING, BUT NOT LIMITED TO THE SITE, THE APPS AND THE ENTIRETY OF THEIR CONTENTS, IS PROVIDED “AS IS” AND “AS AVAILABLE” BASIS AND KLAVA LLC., HEREBY DISCLAIMS (EXCEPT WHERE PROHIBITED BY LAW) ALL EXPRESS AND IMPLIED WARRANTIES INCLUDING, BUT NOT LIMITED TO, WARRANTIES OF MERCHANTABILITY, TITLE, NON-INFRINGEMENT, AND FITNESS FOR A PARTICULAR PURPOSE. KLAVA LLC., EXPRESSLY DISCLAIMS ANY REPRESENTATION THAT:
THE SERVICES WILL MEET YOUR REQUIREMENTS;
ACCESS TO THE SERVICES WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE;
ANY INFORMATION OBTAINED THROUGH OR FROM THE SERVICES WILL BE ACCURATE OR RELIABLE;
THE QUALITY OF ANY PRODUCTS, SERVICES, INFORMATION, OR OTHER MATERIAL PURCHASED OR OBTAINED BY YOU THROUGH THE SERVICES WILL MEET EXPECTATIONS;
ANY USER-PROVIDED INFORMATION WILL NOT BE DISCLOSED, IN THE ABSENCE OF USER-PROVIDED APPROVAL, TO THIRD PARTIES; OR
ANY DATA OR SOFTWARE ERRORS WILL BE CORRECTED.
KLAVA LLC., SHALL NOT BE HELD RESPONSIBLE FOR TECHNICAL MALFUNCTIONS OF ANY TELEPHONE SYSTEM, CABLE SYSTEM, COMPUTER EQUIPMENT, MOBILE DEVICE, SERVER, PROVIDER, OR SOFTWARE. KLAVA LLC., SHALL NOT BE HELD RESPONSIBLE FOR ANY INJURY OR DAMAGE TO YOUR COMPUTER OR MOBILE DEVICE RESULTING FROM USE OF THE SITE OR SERVICES INCLUDING, BUT NOT LIMITED TO, WEB PAGE VIEWING, FILE DOWNLOADING, SERVER USE OR ACCESS, OR FOLLOWING SERVICE LINKS. YOU ACCESS THE SERVICES AT YOUR OWN RISK AND ARE SINGULARLY RESPONSIBLE FOR ANY LOSS, DAMAGE, OR COSTS INCURRED DURING SUCH ACTIVITY. KLAVA LLC., SHALL NOT BE RESPONSIBLE FOR ANY INCORRECT OR INACCURATE CONTENT POSTED ON THE SERVICES, REGARDLESS OF THE CAUSE OF SUCH INACCURACY. KLAVA LLC., SHALL NOT BE RESPONSIBLE FOR ANY CONDUCT OF ANY USER OF THE SERVICES. KLAVA LLC., SHALL NOT BE RESPONSIBLE FOR ANY ERROR, OMISSION, INTERRUPTION, DELETION, DEFECT, OPERATIONAL DELAY, COMMUNICATION LINE FAILURE, OR THEFT DESTRUCTION, OR ALTERATION OF YOUR COMMUNICATION. NO DATA OR INFORMATION OBTAINED FROM KLAVA LLC., OR THE SERVICES SHALL CREATE ANY WARRANTY.
ALL USER CONTENT AND/OR THIRD PARTY CONTENT MADE AVAILABLE ON THE SITE OR SERVICES IS THE RESPONSIBILITY OF THE RESPECTIVE AUTHORS/OWNERS. KLAVA LLC., DOES NOT: (I) GUARANTEE THE ACCURACY, COMPLETENESS, OR USEFULNESS OF ANY THIRD PARTY CONTENT ON OR PROVIDED THROUGH THE SERVICES, OR (II) ADOPT, ENDORSE OR ACCEPT RESPONSIBILITY FOR THE ACCURACY OR RELIABILITY OF ANY OPINION, ADVICE, OR STATEMENT MADE BY ANY PARTY THAT APPEARS ON THE SITE OR SERVICES. UNDER NO CIRCUMSTANCES WILL KLAVA LLC., OR THE KLAVA LLC., PARTIES BE RESPONSIBLE OR LIABLE FOR ANY LOSS OR DAMAGE RESULTING FROM YOUR RELIANCE ON INFORMATION OR OTHER CONTENT POSTED ON THE SITE OR SERVICES, OR TRANSMITTED TO OR BY ANY USERS.
THE FOREGOING DISCLAIMERS SHALL NOT APPLY TO THE EXTENT PROHIBITED BY APPLICABLE LAW.
Limits on Liability KLAVA LLC., AND THE KLAVA LLC., PARTIES SHALL NOT BE LIABLE UNDER ANY CIRCUMSTANCES OR UNDER ANY LEGAL THEORY, WHETHER IN TORT, CONTRACT, OR OTHERWISE WITH RESPECT TO THE SERVICES, FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR EXEMPLARY DAMAGES ARISING FROM OR RELATING TO: 1) THE SERVICES’ AVAILABILITY; 2) THE ACTS, OMISSIONS, OR CONDUCT OF ANY USER OR THIRD PARTY, WHETHER ONLINE OR OFFLINE; 3) YOUR COMMUNICATIONS AND INTERACTIONS WITH ANY USERS, THIRD PARTIES, OR ANY OTHER INDIVIDUALS IDENTIFIED TO YOU THROUGH YOUR USE OF THE SERVICES; 4) ANY SERVICES OR USER CONTENT; 5) THESE TERMS; 6) ANY GOODS OR SERVICES ACQUIRED AS A RESULT OF ANY .INFORMATION OBTAINED OR TRANSACTIONS ENTERED INTO THROUGH THE SERVICES; OR 7) ANY USE OF GOODS OR SERVICES MADE AVAILABLE ON ANY INTERNET RESOURCE OR WEBPAGE LINKED THROUGH THE SERVICES, EVEN IF THE KLAVA LLC., PARTIES HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
THE KLAVA LLC., PARTIES’ AGGREGATE LIABILITY TO YOU IN ANY MATTER ARISING FROM OR RELATED TO THE SERVICES OR THE AGREEMENT, SHALL NOT EXCEED THE SUM OF EITHER ONE HUNDRED DOLLARS ($100) OR THE TOTAL FEES PAID BY YOU TO KLAVA LLC., DURING THE SIX (6) MONTHS PRIOR TO THE TIME SUCH CLAIM AROSE, WHICHEVER IS GREATER.
SOME STATES OR JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR THE LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES. IN SUCH STATES OR JURISDICTIONS, Klava’s LLC.,’ LIABILITY IS LIMITED TO THE EXTENT PERMITTED BY LAW.
Indemnification: You agree to indemnify and hold harmless the Klava LLC., Parties from and against any loss, liability, or expense, including reasonable attorneys’ fees and expenses and court costs, arising out of or related to: 1) any third party claim against any Klava LLC., Party alleging that User Content posted or submitted to the Services infringes any of the third party’s rights; 2) your breach of any provision of this Agreement and/or any representation or warranty identified herein; 3) your violation of any law or regulation; or 4) any cost or expense Klava LLC., incurs in enforcing this Section. Klava LLC., reserves the right to control the defense and settlement of any action or proceeding against any Klava LLC., Party that you are bound to defend pursuant to the foregoing.
Termination: Klava LLC, in its sole and unfettered discretion, may terminate your access to the Services for any reason including, without limitation, your breach of this Agreement. You agree that any termination of your access to the Services may be effected without prior notice, and you agree that: 1) Klava LLC., may immediately deactivate or delete any of your accounts and all related information and files in such accounts; and 2) bar any subsequent access to the Services or User Content. You agree that Klava LLC., shall not be liable to you for any costs or damages of any kind for or resulting from any termination of your Services access. Klava LLC., reserves the right to block users from certain IP addresses from accessing the Service. All provisions of this Terms that by their nature should survive termination of your right to use the Services shall survive (including, without limitation, all limits on liability, releases, disclaimers of warranties, indemnification obligations, and intellectual property protections and licenses).
Discontinuance of Service: Klava LLC., reserves the right to modify or discontinue, temporarily or permanently, any portion of the Services without prior notice. You agree that Klava LLC., shall not be liable to you or to any third party for any modification or discontinuance of any portion of the Service.
Choice of Law; Exclusive Jurisdiction. This Agreement will be governed by and construed under the laws of the United States of America and, to the extent not inconsistent therewith, the laws of the State of Illinois without regard to conflicts-of-laws principles that would require the application of any other law. You agree that the proper and exclusive forum for any claim arising under these Terms will be the state and federal courts located in Chicago, Illinois.
International Users. By using the Services, you agree and acknowledge that the Services are hosted in the United States. If you access or attempt to access the Services from outside of the United States (including jurisdictions that may have different laws governing personal data collection, use and disclosure), you are transferring your personal information to the United States and you consent to such transfer and agree to be bound by the choice of law and exclusive jurisdiction provisions set forth above.
Severability. If any provision – or portion of a provision – of this Agreement is held invalid, unenforceable, or void, the remainder of the Agreement shall remain unaffected and shall continue in full force and effect.
Separability. This Agreement does not and shall not be construed to create a partnership or joint venture between the parties hereto.
Entire Agreement. This Agreement, together with any subscription agreement you may enter into with Klava LLC., and which is incorporated herein by reference, is the entire agreement between the parties hereto, and replaces any and all prior negotiations, representations, or agreements between the parties, whether oral, electronic, or written, pertaining to the managerial relationship outlined herein. The parties acknowledge that they have not relied on any promise, representation, or warranty, express or implied, not contained in this Agreement. No waiver or any breach of this Agreement shall be construed as a continuing waiver or consent to any subsequent breach hereof.
Assignment. You may not assign this Terms or any of the rights or licenses granted hereunder, directly or indirectly, including by sale, merger, change of control, operation of law or otherwise, without the prior written consent of Klava LLC. Klava LLC., may assign this Terms, including all its rights hereunder, without restriction.
Contact. Any questions regarding these Terms may be directed to us by email at email@example.com or by physical mail at 612 Mulford St. #201, Evanston, IL 60202.
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