Effective Date: May 24, 2017
Last Modified: May 24, 2017
This KleanKar Customer Mobile Application End User License Agreement (“Agreement”) is a legally binding agreement between you (“End User” or “you”) and KleanKars, Inc. (“Company”). This Agreement governs your use of the Company’s KleanKars customer mobile application on any computer, smartphone or other mobile device/platform (including all related documentation, the “Application”) and any and all content, functionality, and products and services offered on or through the Company’s websites and mobile applications. The Application is licensed, not sold, to you.
BY CLICKING THE “AGREE” BUTTON AND/OR DOWNLOADING AND USING THE APPLICATION, YOU ACKNOWLEDGE THAT YOU (A) HAVE READ, UNDERSTAND AND AGREE TO BE LEGALLY BOUND BY (I) THIS AGREEMENT AND ITS TERMS; (II) THE KLEANKARS TERMS OF USE (FOUND AT http://kleankars.com/terms ); (III) THE KLEANKARS PRIVACY POLICY (FOUND AT http://kleankars.com/privacy ); AND (IV) THE KLEANKARS COPYRIGHT POLICY (FOUND AT http://kleankars.com/copyright ) (WHERE THE POLICIES IDENTIFIED IN SUBSECTIONS ((II), (III) AND (IV) ARE ALL INCORPORATED HEREIN BY REFERENCE IN THEIR ENTIRETY AND CAN BE FOUND BY CLICKING THE LINKS CONTAINED HEREIN); (B) REPRESENT THAT YOU ARE 18 YEARS OF AGE OR OLDER AND HAVE THE LEGAL CAPACITY TO ENTER INTO A LEGALLY BINDING AGREEMENT; AND (C) ACCEPT THIS AGREEMENT, AND THE TERMS OF USE, PRIVACY POLICY, AND COPYRIGHT POLICY, AND AGREE THAT YOU ARE LEGALLY BOUND BY ITS AND THEIR TERMS. IF YOU DO NOT AGREE TO THESE TERMS, DO NOT DOWNLOAD OR USE THE APPLICATION AND DELETE IT FROM YOUR DEVICE.
Subject to the terms of this Agreement, Company grants you a personal, revocable, limited, non-exclusive, and nontransferable license to:
Licensee shall not:
You acknowledge and agree that the Application is provided under a license, and not sold, to you. You do not acquire any ownership interest in the Application under this Agreement, or any other rights thereto other than to use the Application in accordance with the license granted, and subject to all terms, conditions, and restrictions under this Agreement and the Company’s Terms of Use, Privacy Policy, and Copyright Policy. Company and, as applicable, its licensors reserve and shall retain its and, as applicable, their entire right, title, and interest in and to the Application, including all copyrights, trademarks, and other intellectual property rights therein or relating thereto, except as expressly granted to you in this Agreement.
You acknowledge that when you download, install, or use the Application, Company may use automatic means (including, for example, cookies and web beacons) to collect information about your Device and about your use of the Application. You also are required to provide certain information about yourself as a condition to downloading, installing, or using the Application or certain of its features or functionality, and the Application may provide you with opportunities to share information about yourself and/or your KleanKars experience with others. All information we collect through or in connection with this Application is subject to our Terms of Use (found at http://kleankars.com/terms) and our Privacy Policy (found at http://kleankars.com/privacy). Upon registering as a KleanKars Customer, you also authorize us, and permit our third party billing and payment processing service providers, to collect and use your credit card and/or debit card account information in order for us to receive payment for services performed using our KleanKars Customer mobile application, to charge against your account the applicable fees and costs related to KleanKar products and services, and other permitted activities. By downloading, installing, using, and providing information to or through this Application, you agree to and consent to all terms and actions taken by us with respect to your information in compliance with this Agreement and our Terms of Use and Privacy Policy.
The Application may provide you with access to Company’s website, located at www.KleanKars.com (the “Website”), and certain features, functionality, content, products, and services accessible thereon, and to the Company’s mobile Application, and certain features, functionality, content, products, and services accessible thereon (collectively, “Content and Services”). Your access to and use of such Content and Services are governed by the Company’s Terms of Use Terms of Use (found at http://kleankars.com/terms), Privacy Policy (found at http://kleankars.com/privacy), and Copyright Policy (found at http://kleankars.com/copyright), all of which are incorporated herein by reference in their entirety. Your registration with the Application and your access to and use of such Content and Services requires you to acknowledge your acceptance of such Terms of Use, Privacy Policy, Copyright Policy, and this Agreement. Any violation of the terms contained in the Terms of Use, Privacy Policy, or Copyright Policy will also be deemed a violation of this Agreement.
The Content and Services are based in the state of Texas in the United States and provided for access and use only by persons located in the United States. You acknowledge that you may not be able to access all or some of the Content and Services outside of the United States and that access thereto may not be legal by certain persons or in certain countries. If you access the Content and Services from outside the United States, you are responsible for compliance with local laws. Furthermore, the Company reserves the right, in its sole discretion, to add, remove, suspend (for any length of time or indefinitely), or otherwise modify your registration and use of the Application as a KleanKars Customer, the KleanKars products and services offered, and the locations where any such services and products are offered throughout the United States for any and all reasons with or without notice.
Company may from time to time in its sole discretion, with or without notice, develop and provide Application updates, which may include upgrades, bug fixes, patches, other error corrections, and/or new features (collectively, including related documentation, “Updates”). Updates may also modify or delete in their entirety certain content, features, and functionality. You agree that Company has no obligation to provide any Updates or to continue to provide or enable any particular content, features, or functionality. Based on your Device settings, when your Device is connected to the Internet either:
You shall promptly download and install all Updates and acknowledge and agree that the Application or portions thereof may not properly operate should you fail to do so. You further agree that all Updates will be deemed part of the Application and be subject to all terms and conditions of this Agreement and the Company’s Terms of Use and Privacy Policy.
If any provision of these Terms is found to be invalid under any applicable law, such provisions shall be deleted without affecting the remaining provisions herein.
The Application may display, include, or make available third-party content (including data, information, applications, and other products, services, and/or materials) or provide links to third-party websites or services, including through third-party advertising (“Third-Party Materials”). You acknowledge and agree that Company is not responsible for Third-Party Materials, including their accuracy, completeness, timeliness, validity, copyright compliance, legality, decency, quality, or any other aspect thereof. Company does not assume and will not have any liability or responsibility to you or any other person or entity for any Third-Party Materials. Third-Party Materials and links thereto are provided solely as a convenience to you, and you access and use them entirely at your own risk and subject to such third parties’ terms and conditions.
THE APPLICATION IS PROVIDED TO LICENSEE “AS IS”, “AS AVAILABLE” AND “WITH ALL FAULTS AND DEFECTS” WITHOUT ANY REPRESENTATIONS OR WARRANTIES OF ANY KIND AND CHARACTER, EITHER EXPRESS OR IMPLIED. TO THE MAXIMUM EXTENT PERMITTED UNDER APPLICABLE LAW, COMPANY, ON ITS OWN BEHALF AND ON BEHALF OF ITS AFFILIATES AND SUBSIDIARIES, AND ITS AND THEIR RESPECTIVE LICENSORS, OWNERS, MEMBERS, MANAGERS, OFFICERS, DIRECTORS, ATTORNEYS, ACCOUTNANTS, EMPLOYEES, AND AGENTS (COLLECTIVELY, “COMPANY GROUP”), EXPRESSLY DISCLAIMS ALL WARRANTIES, WHETHER EXPRESS, IMPLIED, STATUTORY, OR OTHERWISE, WITH RESPECT TO, IN CONNECTION WITH, OR ARISING OUT OF THE APPLICATION AND THE SUBJECT MATTERS CONTAINED IN THIS AGREEMENT, INCLUDING ALL IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, NON-INFRINGEMENT, AND WARRANTIES THAT MAY ARISE OUT OF COURSE OF DEALING, COURSE OF PERFORMANCE, USAGE, OR TRADE PRACTICE. WITHOUT LIMITATION TO THE FOREGOING, COMPANY GROUP PROVIDES NO WARRANTY OR UNDERTAKING, AND MAKES NO REPRESENTATION OF ANY KIND AND CHARACTER THAT THE APPLICATION WILL MEET YOUR REQUIREMENTS, ACHIEVE ANY INTENDED RESULTS, BE COMPATIBLE, OR WORK WITH ANY OTHER SOFTWARE, APPLICATIONS, SYSTEMS, OR SERVICES, OPERATE WITHOUT INTERRUPTION, MEET ANY PERFORMANCE, QUALITY, OR RELIABILITY STANDARDS OR BE ERROR-FREE, OR THAT ANY ERRORS OR DEFECTS CAN OR WILL BE CORRECTED.
SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF OR LIMITATIONS ON IMPLIED WARRANTIES OR THE LIMITATIONS ON THE APPLICABLE STATUTORY RIGHTS, SO SOME OR ALL OF THE ABOVE EXCLUSIONS AND LIMITATIONS MAY NOT APPLY TO YOU.
TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT WILL COMPANY GROUP HAVE ANY LIABILITY ARISING FROM, IN CONNECTION WITH, OR RELATED TO YOUR USE OF OR INABILITY TO USE THE APPLICATION, THE SUBJECT MATTERS CONTAINED IN THIS AGREEMENT, OR TO ANY OTHER CONTENT, PRODUCTS, SERVICES, MATERIALS, OR EQUIPMENT RELATED TO THE COMPANY FOR:
THE FOREGOING LIMITATIONS WILL APPLY WHETHER SUCH DAMAGES ARISE OUT OF BREACH OF CONTRACT, TORT (INCLUDING NEGLIGENCE), BY STATUTE OR IN EQUITY, OR OTHERWISE AND REGARDLESS OF WHETHER SUCH DAMAGES WERE FORESEEABLE OR COMPANY WAS ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. SOME JURISDICTIONS DO NOT ALLOW CERTAIN LIMITATIONS OF LIABILITY SO SOME OR ALL OF THE ABOVE LIMITATIONS OF LIABILITY MAY NOT APPLY TO YOU.
You agree to indemnify, defend, and hold harmless Company Group and its and their successors and permitted assigns from and against any and all losses, damages, liabilities, deficiencies, claims, actions, judgments, settlements, interest, awards, penalties, fines, costs, or expenses of whatever kind and character, including attorneys’ fees, arising from, in connection with, or relating to your use or misuse of the Application, relating to any breach by you of this Agreement or the Company’s Terms of Use, or to the other subject matters contained in this Agreement, including, but not limited to, the content you submit or make available through the Application.
The Application may be subject to United States export control laws, including, but not limited to, the U.S. Export Administration Act and its associated regulations. You will not, directly or indirectly, export, re-export, transfer, re-transfer, or release the Application to, or make the Application accessible from, any jurisdiction or country to which export, re-export, transfer, re-transfer, or release is prohibited by applicable law, rule, or regulation. You will comply with all applicable federal, state, local, and other laws, regulations, and rules.
The Application is commercial computer software, as such term is defined in 48 C.F.R. §2.101. Accordingly, if you are an agency of the U.S. Government or any contractor therefor, you receive only those rights with respect to the Application as are granted to all other end users under license, in accordance with (a) 48 C.F.R. §227.7201 through 48 C.F.R. §227.7204, with respect to the Department of Defense and their contractors, or (b) 48 C.F.R. §12.212, with respect to all other U.S. Government licensees and their contractors.
If any provision of this Agreement is held by a court or other tribunal of competent jurisdiction to be invalid, illegal, or unenforceable for any reason, such provision shall be eliminated or limited to the minimum extent such that the remaining provisions of this Agreement will continue in full force and effect, and in lieu of such illegal, invalid, or unenforceable term or provision, there shall be added automatically as a part of this Agreement a legal, valid, and enforceable term or provision as similar in terms to such illegal, invalid, or unenforceable term or provision as may be possible, and each affected party requests the court to whom disputes relating to this Agreement are submitted to reform the otherwise unenforceable term or provision in accordance with this section.
This Agreement is governed by and construed in accordance with the internal laws of the state of Texas without giving effect to any choice or conflict of law provision or rule. Any legal suit, action, or proceeding arising out of or related to this Agreement or the Application shall be instituted exclusively in the federal courts of the United States or the courts of the State of Texas in each case located in Dallas and Dallas County. You waive any and all objections to the exercise of jurisdiction over you by such courts and to venue in such courts.
ANY CAUSE OF ACTION OR CLAIM YOU MAY HAVE ARISING OUT OF, IN CONNECTION WITH, OR RELATING TO THIS AGREEMENT OR THE APPLICATION MUST BE COMMENCED WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION ACCRUES OTHERWISE SUCH CAUSE OF ACTION OR CLAIM IS PERMANENTLY BARRED.
This Agreement and the Company’s then-applicable Terms of Use, Privacy Policy, and Copyright Policy constitute the entire agreement between you and Company with respect to the Application and supersede all prior or contemporaneous understandings and agreements, whether written or oral, with respect to the Application. In the event of any conflict, contradictory, or inconsistent terms, the following hierarchy of authority shall control and govern: first, this Agreement; second, the Company’s Terms of Use; third, the Company’s Privacy Policy; fourth, the Company’s Copyright Policy; and fifth, any other policy or document related to the subject matter at issue.
No failure to exercise, and no delay in exercising, on the part of either party, any right or any power hereunder shall operate as a waiver thereof, nor shall any single or partial exercise of any right or power hereunder preclude further exercise of that or any other right hereunder. The remedies provided herein shall be cumulative and shall not preclude the assertion by any party of any other rights or the seeking of any other remedies against any other party, as the case may be.
You acknowledge that you have had the opportunity to read and review this Agreement and that you understand all of the terms of this Agreement and its importance. Parties agree that there have been no material representations made to induce entering into this Agreement.
In the event it becomes necessary for the Company to file suit to enforce this Agreement or its Terms of Use or Privacy Policy, or to interpret any provision thereof, the Company shall be entitled to recover, in addition to all other remedies or damages, attorneys' fees, costs, and expenses incurred by the Company. In the event of a breach of this Agreement or our Terms of Use, you agree to reimburse Company for any costs, expenses, and fees incurred in its collection efforts (including attorneys’ fees) and for the costs and expenses related to products, suppliers, equipment, and other materials that were provided to you.
Company will be entitled to suspend any or all services or deactivate your account and use of the Application, including suspending its performance and obligation to remit payments hereunder, in the event you are in breach of the Agreement, the Terms of Use, the Privacy Policy, or any other written policies and procedures of the Company.
Company will not incur any liability to you or any other party on account of any loss, claim, damage, or liability to the extent resulting from any nonperformance, delay, or failure to perform all or any part of this Agreement or the Terms of Use, if and to the extent such delay or failure is caused, in whole or in part, by events, occurrences, or causes beyond the control of the Company, including, but not limited to, Internet service provider or third party payment delays or failures, acts of God, strikes, lockouts, riots, acts of war, terrorism, earthquake, fire, power outage, signal interruptions, telecommunication matters, or explosions.
Except as set forth herein, this Agreement is for the benefit of the parties and their successors and permitted assigns, and does not confer any rights or benefits on any third party. Notwithstanding the above, the parties acknowledge that all rights and benefits afforded to Company under the Agreement will apply equally to its owners, licensors, affiliates, suppliers, and the owner of any third party products with respect to such third party products only, and such third parties are intended third-party beneficiaries of this Agreement, with respect to such third party products only as applicable.
Any reference to a statutory provision includes a reference to any modification or re-enactment of it from time to time. The headings and pronouns contained herein are for convenience and ease of reference only and will not affect the construction or interpretation of this Agreement. The Agreement will not be construed in favor of or against a party based on the author of the document.
Notwithstanding the suspension, cancellation, expiration, or termination of this Agreement, the parties shall continue to be bound by the provisions of this Agreement that reasonably require some action or forbearance after such suspension, cancellation, expiration, or termination, including, but not limited to, those related to indemnities, limitations on liabilities, non-disparagement, and intellectual property rights.
You acknowledge, understand, and agree that at any time during the course of this Agreement or thereafter, you will not make any defamatory or disparaging remarks or statements, verbally or in writing, including via any social networking outlet, to the news media, any competitor, customer, or any other individual or entity regarding Company Group or any of its or their respective policies, products, equipment, services, or procedures (past, present, or future).
You acknowledge, understand, and agree that the Company would be damaged irreparably by any breach of this Agreement or any violation of the Company’s Terms of Use or Privacy Policy and that money damages would be an inadequate remedy for any such breach by you. Accordingly, in order to protect Company Group and its and their interests, respectively, Company may pursue, in addition to other rights and remedies existing in its and their favor, an injunction or injunctions to prevent any breach or threatened breach of this Agreement or the Company’s Terms of Use or Privacy Policy and to enforce this Agreement and its Terms of Use or Privacy Policy (without the need to post a bond or other security).
You will not publish articles, give press releases, or make speeches about, or otherwise publicize the existence of, or scope of, this Agreement or any details about the Company or its owners, officers, products, services, facilities, applications, proprietary information, or business plans without the express prior written consent of an authorized person of Company. The obligations of this paragraph shall survive any termination, cancellation, or expiration of this Agreement.