Terms and Conditions

Savant Sites

Terms of Service

These Terms of Service (“TOS”) are legally binding on all Clients of Savant Sites, including all of its divisions and subsidiaries (collectively “Clover DP LLC”).

  1. Acceptance of Terms; Binding Contract
    The TOS constitute a binding agreement between Clover DP LLC and you (“Client”). The TOS apply to all services and products, and related support and consulting services and products (each a “Service” and collectively “Services”), made available by Clover DP LLC to Client pursuant to the specifications of a Client agreement with Clover DP LLC (“Client Agreement”), or a Client purchase order submitted by Client in connection with this Agreement (“Purchase Order”) for the term specified in such Purchase Order (“Initial Term”), and all renewals and/or extensions as set forth in this Agreement (collectively, the “Term”). Clover DP LLC acceptance of any Purchase Order is expressly conditioned upon Client’s assent to this Agreement.By accepting the terms of this Agreement, electronically or in writing, or by otherwise using the Service or the Services, including, but not limited to, the submission of materials, information and/or content to Clover DP LLC for Clover DP LLC performance or rending of Services, or making payment and/or authorizing payment to Clover DP LLC, Client agrees to be bound by the TOS set forth in this Agreement. Client also agrees that Client’s electronic acceptance of this Agreement shall have the same force and effect as if Client had agreed to the TOS set forth in this Agreement in writing. No terms or conditions set forth in Client’s Purchase Order, to which notice of objection is hereby given, or in any further correspondence between Client and Clover DP LLC, shall alter or supplement this Agreement unless both Clover DP LLC and Client have expressly agreed in writing to modify this Agreement. Neither Clover DP LLC commencement of performance nor completion of Services shall be deemed or construed as acceptance of Client’s additional or different terms and conditions.Clover DP LLC reserves the right to reject any Purchase Order or to cancel any Purchase Order previously accepted if Clover DP LLC determines that Client is in breach of any term or condition set forth in this Agreement. Clover DP LLC provides its services to Client subject to this Agreement, which may be updated from time to time without notice. Client may review the most current version of the TOS at https://savantsites.com/terms-of-service. By using Clover DP LLC Service or Services, Client agrees to (and hereby signs) the most current version of the TOS. If Client does not expressly reject the TOS at the point of sale, Client agrees to (and hereby signs) the TOS and Clover DP LLC is instructed to commence work on Client’s website as if Client had expressly accepted the TOS. If Client expressly rejects the TOS set forth in this Agreement at the point of sale, Clover DP LLC has no obligation to enter into a Client Agreement or Purchase Order, and may refuse to enter into a Client Agreement or Purchase Order.
  2. Description of Services
    Clover DP LLC designs and hosts websites, provides Internet-based marketing services, and provides other website-related services, including, but not limited to, support and modification of websites, e-commerce, flash, web-traffic reporting, database development, easy interface for updating the website, IDX, email accounts and additional website-related services. Client understands that Clover DP LLC Services may include certain communications from Clover DP LLC such as advertisements, notices, service announcements and newsletters. Client is responsible for obtaining and or maintaining access to any third parties that are necessary to access Clover DP LLC service.
  3. Electronic Delivery Policy
    Clover DP LLC is a website-related business and communicates with its Clients electronically. When a Client accepts the TOS, Client consents to receive electronically any notices, progress reports, agreements, disclosures, or other communications (“Notices”) from Clover DP LLC. Client agrees that Clover DP LLC may send Notices in any of the following ways: (1) to the email address provided by Client to Clover DP LLC at the time of sale; or (2) to the new email address account Client establishes through Clover DP LLC. Client agrees to check the designated email addresses regularly for Notices. All Notices from Clover DP LLC are effective at the time they are sent by Clover DP LLC, regardless of whether the Notice is read or received by Client.
  4. Privacy Policy
    Personal data and certain other information about the Client are subject to Clover DP LLC Privacy Policy. For more information see the privacy policy at https://savantsites.com/privacy-policy. By using Clover DP LLC Services Client also agrees to the most current version of Clover DP LLC Privacy Policy.
  5. Confidential Information
    Client acknowledges and agrees that any information or ideas submitted to Clover DP LLC by any means may be used by Clover DP LLC without compensation or liability to Client for any purpose whatsoever, including but not limited to, enhancing its Services, developing websites, databases, e-commerce and developing, manufacturing and marketing other products. This provision does not apply to Client content or to personal information that is subject to Clover DP LLC Privacy Policy.
    Client hereby gives permission to Clover DP LLC to use samples or links to Client’s website designed or marketed by Clover DP LLC for marketing and advertising purposes, including but not limited to, use in Clover DP LLC online portfolio and social media websites.
  6. Call Monitoring and Recording Privacy Statement
    As part of Clover DP LLC commitment to providing its Clients with the best possible service, Clover DP LLC may monitor and record telephone calls to and from Clover DP LLC. Clover DP LLC also may archive recorded voice mail messages. Clover DP LLC records telephone calls for training purposes, to improve customer service, and to ensure an accurate record of Client calls, which may be needed to support transactions that take place over the telephone. Clover DP LLC undertakes such actions in order to enable it to identify how to better serve its Clients.
  7. Unacceptable Practices
    As Clover DP LLC strives to offer the very best Services, there are certain guidelines and policies that must govern Clover DP LLC efforts and relationships with its Clients. Practices that are in violation of these guidelines and policies are forbidden and will result in the immediate termination of Clover DP LLC Services. Client acknowledges and agrees that Clover DP LLC has sole discretion over decisions regarding compliance with these guidelines and policies. Unacceptable practices include, but are not limited to:

    1. Adult or pornographic material including, but not limited to, sexually explicit or suggestive material
    2. Sexually oriented products or material
    3. Nudity, including airbrushing (exceptions granted on a case-by-case basis if for medical or artistic purposes)
    4. Offensive or otherwise distasteful material
    5. Bulk emailing tools
    6. Distribution of internet viruses or other harmful or destructive activities
    7. Gambling, gaming, lotteries, and similar activities
    8. Harmful, threatening, abusive, harassing, tortuous, defamatory, vulgar, obscene, libelous, invasive of another’s privacy, hateful, racial, chauvinistic, ethnically offensive or otherwise objectionable content or language
    9. Defamatory, hateful or revenge content or language.
    10. Content or language that is harmful to minors in any way
    11. Illegal activities such as Ponzi schemes, fraudulent charging of credit cards, copyright violations, plagiarism, software piracy, and all unauthorized use of materials or content that infringes on third parties’ intellectual properties
    12. Intentional or unintentional violations of any applicable local, state, national or international law.
    13. Reselling email accounts or hosting accounts to third parties
    14. Reselling of any Clover DP LLC services including, but not limited to, design services and updates to third parties without a written reseller agreement.
    15. Spamming and all other forms of unsolicited messages including, but not limited to, spam, pyramid schemes, chain letters, and junk email
    16. Links to other sites that are in violation of Clover DP LLC policies and guidelines
    17. Other activities, whether lawful or unlawful, that Clover DP LLC deems to be in poor taste or that reflect adversely on Clover DP LLC or Clover DP LLC other clients
    18. Clover DP LLC reserves the right to refuse to design or host an account at its sole discretion at any time.
  8. As a Clover DP LLC Client, you agree to conduct your business in a legal and professional manner. As a Clover DP LLC Client, you acknowledge and agree that all information, data, text, software, music, sound, photographs, video, messages and other material (Content) on Client’s website is the sole responsibility of Client. Client is fully responsible for all website content and agrees to hold Clover DP LLC harmless in the event of third parties’ legal issues brought against Client for Client’s business practices. Clover DP LLC retains the right to terminate any accounts that are in violation of the letter or spirit of this TOS. At its sole discretion and at any time, Clover DP LLC may discontinue providing Services, or any part thereof, with or without notice. If an account is terminated by Clover DP LLC for a TOS violation, Client is not eligible for a full refund and any refund is subject to the Termination/Cancellation of Services Policy. (See Termination/Cancellation of Services)
    As a Clover DP LLC Client you may have access to editing tools for your website. Clients may edit, add, or delete content to or from the website at any time. Accordingly, Clover DP LLC may or may not pre-screen content. Clover DP LLC shall have the right, but not the obligation, to pre-screen and refuse or remove any content at its sole discretion. Client agrees that Client bears all risks associated with the use of all content, whether edited or written by Clover DP LLC, including any reliance upon accuracy, usefulness or completeness.
    Client acknowledges that Clover DP LLC may access, preserve, and disclose Client’s account information and content if required to do so by law or in a good-faith belief that such access, preservation, or disclosure is reasonably necessary to comply with legal processes, enforce the TOS, provide customer service or protect the rights, property, or safety of Clover DP LLC and the public.
  9. ACCEPTABLE USE POLICY
    This AUP is incorporated by reference in your hosting services agreement with Clover DP LLC.
    Your services may be suspended or terminated for violation of this Acceptable Use Policy (“AUP”) in accordance with the TOS.
    Inquiries regarding the AUP should be directed to [email protected]
    Abuse
    Client may not use Clover DP LLC Mail Service or services to engage in, foster, or promote illegal, abusive, or irresponsible behavior, including:

    1. Unauthorized access to or use of data, systems or networks, including any attempt to probe, scan or test the vulnerability of a system or network or to breach security or authentication measures without express authorization of the owner of the system or network;
    2. Monitoring data or traffic on any network or system without the express authorization of the owner of the system or network;
    3. Interference with service to any user of the Clover DP LLC or other network including, without limitation, mail bombing, flooding, deliberate attempts to overload a system and broadcast attacks;
    4. Use of an Internet account or computer without the owner’s authorization;
    5. Collecting or using email addresses, screen names or other identifiers without the consent of the person identified (including, without limitation, phishing, Internet scamming, password robbery, spidering, and harvesting);
    6. Collecting or using information without the consent of the owner of the information;
    7. Use of any false, misleading, or deceptive TCP-IP packet header information in an email or a newsgroup posting;
    8. Use of the service to distribute software that covertly gathers information about a user or covertly transmits information about the user;
    9. Use of the service for distribution of advertisement delivery software unless: (i) the user affirmatively consents to the download and installation of such software based on a clear and conspicuous notice of the nature of the software, and (ii) the software is easily removable by use of standard tools for such purpose included on major operating systems; (such as Microsoft’s “ad/remove” tool); or
    10. Any conduct that is likely to result in retaliation against the Clover DP LLC network or website, or Clover DP LLC employees, officers or other agents, including engaging in behavior that results in any server being the target of a denial of service attack (DoS).
  10. Bulk Email
    Client may not use a Clover DP LLC Mail Service to send bulk mail. Please see the applicable Product Terms and Conditions for those services.
  11. Mail Requirements
    Client shall comply with the CAN-SPAM Act of 2003 and other laws and regulations applicable to bulk or commercial email. In addition, Client’s bulk and commercial email must meet the following requirements:

    1. Client’s intended recipients have given their consent to receive email from you via some affirmative means, such as an opt-in procedure;
    2. Client’s procedures for seeking consent include reasonable means to ensure that the person giving consent is the owner of the email address for which consent is given;
    3. Client retains evidence of each recipient’s consent in a form that can be promptly produced on request, and you honor recipient’s and Clover DP LLC requests to produce consent evidence within 72 hours of receipt of the request;
    4. Client has procedures in place that allow a recipient to revoke their consent – such as a link in the body of the email, or instructions to reply with the word “Remove” in the subject line; Client honors revocations of consent within 48 hours, and notifies recipients that the revocation of their consent will be implemented in 48 hours;
    5. Client must post an email address for complaints (such as [email protected]) in a conspicuous place on any website associated with the email, you must register that address at abuse.net, and you must promptly respond to messages sent to that address;
    6. Client must have a Privacy Policy posted for each domain associated with the mailing;
    7. Client has the means to track anonymous complaints;
    8. Clients may not obscure the source of an email in any manner, such as omitting, forging, or misrepresenting message headers or return addresses. Client’s emails must include the recipient’s email address in the body of the message or in the “TO” line of the email;
    9. The subject line of the email must clearly describe the subject matter contained in the email, and the message must include valid contact information; and
    10. Clients must not attempt to send any message to an email address if 3 consecutive delivery rejections have occurred and the time between the third rejection and the first rejection is longer than fifteen days.
    11. These policies apply to messages sent using Clover DP LLC services, or to messages sent from any network by you or any person on your behalf that directly or indirectly refer the recipient to a site or an email address hosted via your Clover DP LLC service. In addition, you may not use a third party email service that does not practice similar procedures for all its customers. These requirements apply to distribution lists prepared by third parties to the same extent as if the list were created by you.
      Clover DP LLC may test and otherwise monitor your compliance with its requirements. Clover DP LLC may block the transmission of email that violates these provisions. Clover DP LLC may, at its discretion, require certain Clients to seek advance approval for bulk and commercial email, which approval will not be granted unless the Client can demonstrate that all of the requirements stated above will be met.
      Unsolicited Communications
      You may not use your service to send email or any other communications to a person who has indicated that they do not wish to receive it. If the communication is bulk mail, then you will not be in violation of this section if you comply with the 48 hour removal requirement described above.
      Vulnerability Testing
      You may not attempt to probe, scan, penetrate or test the vulnerability of a Clover DP LLC system or network, or to breach Clover DP LLC security or authentication measures, whether by passive or intrusive techniques, without Clover DP LLC express written consent.
      Newsgroup, Chat Forums, Other Networks
      You must comply with the rules and conventions for postings to any bulletin board, chat group or other forum in which you participate, such as IRC and USENET groups including their rules for content and commercial postings. These groups usually prohibit the posting of off-topic commercial messages, or mass postings to multiple forums.
      You must comply with the rules of any other network you access or participate in using your Clover DP LLC services.
      Offensive Content
      You may not publish, transmit or store on or via Clover DP LLC network and equipment any content or links to any content that Clover DP LLC reasonably believes:
    12. Constitutes, depicts, fosters, promotes or relates in any manner to child pornography, bestiality, or non-consensual sex acts;
    13. is excessively violent, incites violence, threatens violence, or contains harassing content or hate speech;
    14. is unfair or deceptive under the consumer protection laws of any jurisdiction, including chain letters and pyramid schemes;
    15. is defamatory or violates a person’s privacy;
    16. creates a risk to a person’s safety or health, creates a risk to public safety or health, compromises national security, or interferes with a investigation by law enforcement;
    17. improperly exposes trade secrets or other confidential or proprietary information of another person;
    18. is intended to assist others in defeating technical copyright protections;
    19. infringes on another person’s copyright, trade or service mark, patent, or other property right;
    20. promotes illegal drugs, violates export control laws, relates to illegal gambling, or illegal arms trafficking;
    21. is otherwise illegal or solicits conduct that is illegal under laws applicable to you or to Clover DP LLC; or
    22. is otherwise malicious, fraudulent, or may result in retaliation against Clover DP LLC by offended viewers or recipients, or is intended to harass or threaten
    23. Content “published or transmitted” via Clover DP LLC network or equipment includes Web content, email, bulletin board postings, chat, tweets, and any other type of posting or transmission that relies on the Internet.
  12. Copyrighted Material
    You may not use Clover DP LLC network or services to download, publish, distribute, or otherwise copy or use in any manner any text, music, software, art, image, or other work protected by copyright law unless:

    1. you have been expressly authorized by the owner of the copyright for the work to copy the work in that manner; or
    2. you are otherwise permitted by established copyright law to copy the work in that manner.
    3. It is Clover DP LLC policy to terminate in appropriate circumstances the services of customers who are repeat infringers.
  13. Email Retention Policy
    The following rules apply to the retention of e-mails in e-mail account hosted on Clover DP LLC Mail Servers.

    1. All email in your inbox or personal folders that is either unread or marked unread will be deleted after 90 days.
    2. All read email will be retained indefinitely as long as you do not exceed the maximum storage quota for your mailbox. You can determine the available storage space by logging on to Clover DP LLC Webmail.
    3. All email in the trash folder will be deleted after 30 days.
  14. Other
    1. You must have valid and current information on file with your domain name registrar for any domain hosted on the Clover DP LLC network.
    2. You may only use IP addresses assigned to you by Clover DP LLC in connection with your Clover DP LLC services.
    3. You agree that if the Clover DP LLC IP numbers assigned to your account are listed on an abuse database (like, for example, Spamhaus), you will be in violation of this AUP, and Clover DP LLC may take reasonable action to protect its IP numbers, including suspension and/or termination of your service, regardless of whether the IP numbers were listed as a result of your actions.
  15. SLA
    No credit will be available under a Clover DP LLC service level agreement for interruptions of service resulting from violations of the AUP.
  16. Intellectual Property Policy
    Clover DP LLC respects copyright laws and the intellectual property of others. Clover DP LLC may terminate Services and/or accounts for copyright infringement.
    Clover DP LLC will not use copyrighted or trademarked materials on any Client’s website without the express written consent of the copyright or trademark owner. It is Client’s responsibility to ensure that all content submitted to Clover DP LLC is original content and free from third-party copyright or trademark protection, or to obtain permission to use copyrighted or trademarked materials from the copyright or trademark owner. Client assumes full liability for any infringement of any third-party’s copyright or trademark rights as a result of the use of protected materials on Client’s website, including, but not limited to, any infringement due to website content, website design or the look and feel of Client’s website.
    (See Unacceptable Practices)
    Client content that is sent to Clover DP LLC will remain the intellectual property of Client. Clover DP LLC does not return original content to Client. Unless a request to return the original content to Client is made in writing upon submission of the content, the content will be destroyed. Clover DP LLC will attempt to honor requests to return original content, however, Clover DP LLC has no liability and does not guarantee the return of any content to Client.
    Domain names purchased by Clover DP LLC and website designs, databases, stores, or programs created by Clover DP LLC, are the property of Clover DP LLC until Client has paid all fees including one full year of monthly hosting. (See Domain Names Purchase/Hosting Agreement)
    The designs and database technology for all Basic, Standard, Gold and Platinum Package website products are proprietary. However, when you purchase a custom website from Clover DP LLC pursuant to the terms of these TOS, you own the design and license the technology from Clover DP LLC.
  17. International Use
    Recognizing the global nature of the Internet, Client agrees to comply with all local rules regarding online conduct and acceptable content. Specifically, Client agrees to comply with all laws regarding the transmission of technical data exported from the United States, or the country in which Client resides and/or transacts business.
  18. Interstate Communications
    Client acknowledges that by using Clover DP LLC Services Client will be causing communications to be sent through Clover DP LLC computer networks, which may be located throughout the United States. Due to the nature of electronic communications, even communications that seem to be intrastate can result in the transmission of interstate communications. Client acknowledges that use of Clover DP LLC services results in interstate data transmissions.
  19. Website Construction Procedure
    Where applicable, with help and input from Client, Clover DP LLC will prepare the appropriate design and work with the content provided by Client for development of the website. Client must submit content to the design department before site construction begins on the custom website. Client must submit content to Clover DP LLC using the Website Intake Form (WIF). Client must electronically accept the TOS before access is granted to the WIF. After content is submitted by Client, the website is developed. Prior to the website being taken live, Client will receive a missing information notification if content is incomplete. Client will then have five (5) business days to submit missing or incomplete content. If complete content is not received, the website will be taken live “as-is”. If the website is taken live without all of the pages completed due to incomplete content, those pages may be banked and developed in the future using Client’s design time.
    In submitting content through the WIF, links to sample sites Client likes are for general information purposes only and assist Clover DP LLC with the design of Client’s custom website. The functionality and detail of the sample sites will not be duplicated unless such functionality and detail are specifically included and itemized in Clover DP LLC proposal. Direct duplications of sample sites will not be permitted unless the original sample site owner provides express, written consent.
    The design and content layout are completed by the designer and presented to Client for approval. After Client approves the website, the website will go live within a reasonable amount of time. Clover DP LLC may review the text before the website goes live to correct any possible errors. Clover DP LLC is not liable for the accuracy of information, typing or spelling errors in any of the content approved by Client and published on the website. Client will be notified by email that the website is live.
    Client understands, agrees, and acknowledges that Clover DP LLC does not guarantee a time frame for completion of ANY website. A website cannot be completed without submission of complete content, design approvals, and participation from Client. If Client continues submitting additional content throughout the design process, the design time frame is increased. If Client does not submit complete content and Clover DP LLC is not able to start or complete the custom website design, Client still is responsible for and agrees to pay all fees incurred, including, but not limited to, set-up, enhancement, and monthly hosting charges that begin accruing from date of sale. If Client’s website requires custom programming, functionality, flash, e-commerce, IDX, or the use of a database, the overall development time will be extended.
    Client is provided with a placeholder immediately after sale. Upon request, Client also will be provided with an optional “welcome website” shortly after the initial sale. The welcome website is a temporary website Client can modify and direct customers to while the website is being built. Client may choose not to have a welcome website.
  20. Progress Reports
    Clover DP LLC shall contact or meet with Client on a mutually acceptable schedule to report all tasks completed, problems encountered, and recommended changes relating to the development and testing of the website. Clover DP LLC shall inform Client promptly by telephone or e-mail upon discovery of any event or problem that may significantly delay the development of the design work.
  21. Developers Guarantee for Program Use
    Clover DP LLC agrees to notify Client of any licensing and/or permissions required for art-generating/driving programs to be used.
  22. Changes/Revisions
    Clover DP LLC agrees to provide any and all Services, including but not limited to, the design and construction of a website or marketing services, pursuant to the specifications contained in the original terms of sale. Any additions or changes to Services requested by Client that are outside of or beyond the scope of the original terms of sale will be billed to Client at Clover DP LLC standard hourly rate ($75/hour), and Client agrees to pay all charges billed for such additions or changes. Clover DP LLC is not obligated to complete any additions or changes to Services requested by Client that are outside of the scope of work contained in the original terms of sale. If Clover DP LLC does not agree to the Client’s requests for additions or changes to Services, Client still is obligated to pay all fees incurred and due. With respect to the design and construction of a website, Semi-Custom or Full Custom, Client will be provided two (2) opportunities to alter the proposed web design after delivery of the concept designs by Clover DP LLC to the Client for review, and two (2) opportunities to alter the proposed web program after all user requirements and functional requirements have been completed by Clover DP LLC. Upon client approval and confirmation, or commencement of website development, whichever is earlier, no request for changes will be accepted without an additional fee.
  23. Testing and Acceptance Procedures
    Clover DP LLC will make a good faith effort to test all deliverables thoroughly and make all necessary corrections as a result of such testing prior to sending the deliverables to Client. Upon receipt of the deliverables, Client shall either: (1) accept the deliverables and make the required milestone payment set forth therein; or (2) provide Clover DP LLC with written or e-mail notification of any corrections Client requires, and a suggested date for completion of required corrections. The suggested date for completion of required corrections shall be reasonable and mutually acceptable to both Clover DP LLC and Client. Clover DP LLC and Client shall each designate one representative as the designated person who will send, receive, and accept all deliverables and communications between Clover DP LLC and Client. Neither Clover DP LLC nor Client shall have any obligation to consider for approval, or respond to, communication, deliverables, or materials submitted by any person other than the designated person. Both Clover DP LLC and Client each have the right to change its designated person upon two (2) days’ notice to the other.
  24. Scope of Work
    Clover DP LLC will facilitate the creation of all necessary change procedures with Client, particularly: PSD to HTML, CSS, will ensure HTML works in latest browsers (Chrome, Safari, FireFox), will ensure HTML is compatible with the latest version of Edge, will ensure conversion works on mobile browsers (iPhone/iPad [iOS 10+] and Android [4.x+].We hereby incorporate by reference the package description found on our website.
  25. Client Approval
    Client is responsible for testing and approving the functionality of all Services, including but not limited to websites and marketing services, upon Clover DP LLC request and notification that the Services and/or website or marketing services have been completed. Client’s responsibility includes, but is not limited to, testing the functionality of all Services, website pages, databases, e-commerce stores, payment functions, galleries, forums, etc. Upon Client’s approval of the Services and/or website to go live, Client agrees and acknowledges that Services have been rendered by Clover DP LLC and the functionality of the website has been tested and approved by Client.
    Client acknowledges and agrees that if Client does not respond within five (5) business days to Clover DP LLC request for approval and notification that the Services and/or website have been completed, the Services and/or website, along with the functionality of the Services and/or website and services rendered, will be deemed to be approved by the Client, and the Services and/or website will be taken live “as-is”.
    Client acknowledges and agrees that if Client does not respond to requests by Clover DP LLC for missing or incomplete information, a final notification and/or request will be sent to Client. If Client does not respond within five (5) business days to Clover DP LLC notification or requests for missing information, the Services and/or website, along with the functionality of the Services and/or website and the services rendered, will be deemed to be approved by the Client, and the Services and/or website will be taken live with the missing or incomplete information “as-is” or “under construction”.
  26. Warranty Period and Website and Online Marketing Maintenance
    Clover DP LLC agrees to provide Client with reasonable technical support and assistance to maintain and update the Services and/or website during a warranty period of sixty (60) days after publishing the Services and/or website on its final domain name (“Warranty Period”). Such technical support and assistance will be provided at no charge to Client for up to a total of two (2) hours. For technical support and assistance provided to Client by Clover DP LLC beyond two (2) hours, Client agrees to pay Clover DP LLC at its standard hourly rates ($75/hour). After the expiration of the Warranty Period, Client may enter into a new agreement with Clover DP LLC for Services and/or website maintenance (“Maintenance Agreement”) wherein Clover DP LLC agrees to provide reasonable technical support and assistance to Client to maintain and update the Services and/or website on the Internet for an agreed upon hourly fee. Any such fee will be due and payable when billed pursuant to the TOS. Such maintenance shall include correcting any errors or any failure of the Services and/or website to conform to the specifications and the development of enhancements to the originally contracted project. The Warranty Period shall not include the development of enhancements to the website expressly considered by Section 10 of the TOS.
  27. Enhancements
    If Client enters into a Maintenance Agreement with Clover DP LLC, Client agrees that if Client wishes to modify and/or enhance the Services and/or website, Client will give Clover DP LLC the option to submit a bid or proposal to perform such modifications and/or enhancements prior to accepting or soliciting any competing bids or proposals.
  28. Technical Support
    Clover DP LLC technical support department can be contacted at [email protected] for any concerns with Client email accounts or any problems with hosting or functionality of the Services and/or website after the Services and/or website are live.
    If Client uses Clover DP LLC technical support services, including but not limited to screen share sessions, Client acknowledges and understands that Clover DP LLC does not warranty that technical support services will meet Client’s requirements or be error free. (See Disclaimer of Warranties and Limitation of Liabilities.)
  29. Customer Service
    Clover DP LLC strives to offer the best service available. Customer service complaints or concerns should be emailed to [email protected]
  30. Use and Storage
    Client acknowledges that Clover DP LLC may establish general guidelines and limits concerning the use of Clover DP LLC Services and may modify these guidelines at any time. Limits may include but are not restricted to, the maximum number of days that email messages or other content will be retained (90 days), maximum number of email messages that may be sent from or received by an account, the maximum size of any email messages sent and the maximum disk space that will be allotted on Clover DP LLC servers on Client’s behalf. Clover DP LLC periodically backs up the websites it hosts. However, Client acknowledges that Clover DP LLC is not responsible for backing up Client’s website and data. Client should seek appropriate backup solutions. Changes made by Client using the editing tool or by Clover DP LLC may be lost if data loss occurs after a scheduled backup by Clover DP LLC.
  31. Updates to Live Website/Design Time
    Based on Client’s monthly website service package, Clover DP LLC may provide 4 to 12 hours annually of free updates and changes or “design / development hours” that are available to Client to use after the website is live. After the website is live, Client may wish to make changes or updates to the website from time to time. Most changes can be made using Clover DP LLC online editors. The online editors may not be available for all websites, or all pages of a website. Availability of the online editors is dependent upon the functionality and specifications required for the Client’s website. For changes that cannot be made with the editors, Client may use available Clover DP LLC design hours. These changes must be requested through Clover DP LLC Updates Department at [email protected] Design hours can be used for modifying the design or layout of the website. Design hours cannot be used toward the completion or modification of databases, custom programming, e-commerce or flash or other enhancements that must be purchased. Changes or updates that exceed the Client’s available “design hours” will be billed to the Client at the standard hourly rate.
    Clover DP LLC is not responsible for any changes Client makes to his/her website, or if Client breaks the website. Time required by Clover DP LLC to repair changes made by Client will be billed to Client at Clover DP LLC standard hourly rate if it exceeds available “design / development hours”.
  32. Domain Names Purchased/Hosting Agreement/Internet Marketing Services
    Monthly hosting and Internet marketing services are billed every 30 days beginning from the date of sale. Monthly hosting and Internet marketing services are billed from the date of sale, regardless of the date the website goes live, because hosting and Internet marketing costs are incurred immediately. Server space is secured for the developing website and/or for existing Client domain names. In addition, email accounts and support are available from the date of sale and are paid for with monthly hosting fees.If the website set-up fee is paid in full, ownership of the website and its components, including the domain name, will be transferred to the Client. However, if the website set-up fee is amortized over the course of 12 months, ownership of the website and its components will remain with Clover DP LLC until the set-up fee is fully paid by the Client. In the case of amortized payment, the Client may request ownership transfer of the website and its components upon receipt of written confirmation from Clover DP LLC that the set-up fee has been paid in full. Any attempt to make a sham purchase of the website for the purpose of transferring it to another hosting provider is strictly prohibited.
  33. Internet Access
    Access to the Internet will be provided to Client by a separate, third party Internet Service Provider (ISP). Client is solely responsible for entering into and maintaining any contract for service with an ISP. The ISP is not a party to this agreement.
  34. Marketing Representations
    Clover DP LLC makes no representations as to the marketing of Client’s products, services or sales. Client’s obligation to pay fees due to Clover DP LLC are due at time of sale of website design, marketing and hosting services and are not contingent upon Client’s marketing of said website. Client is responsible for all marketing of Client’s website.
  35. Billing Policy
    All prices quoted in a Client Agreement or Purchase Order are subject to this Agreement. Unless otherwise stated in writing by Clover DP LLC, all prices quoted in a Client Agreement or Purchase Order are exclusive of transportation, insurance, and federal, state, local, excise, value-added, use, sales, property (ad valorem) and similar taxes or duties now in force or hereafter in effect, as applicable. In addition to the prices quoted in a Client Agreement or Purchase Order or invoiced, Client agrees to pay all taxes, fees, or charges of any nature whatsoever imposed by any governmental authority on, or measured by, the transaction between Client and Clover DP LLC. In the event that Clover DP LLC is required to collect such taxes, fees, or charges, such amounts will appear as separate items on Clover DP LLC invoice and will be paid by Client.
    The initial Services set-up fee is due and billed in-full at the time of the original sale. (Installment payments may be accepted for the set-up fee only if agreed to in writing pursuant to the original invoice.) Monthly hosting and other Services plans, including but not limited to Internet marketing services, are billed and due upon transmission of the invoice. The Client hereby authorizes Clover DP LLC to renew and bill monthly hosting and Internet marketing service fees every 30 days, unless the Client cancels in writing after the initial hosting and/or Internet marketing services commitments have been paid.
    The amount of the initial Services set-up fee and monthly hosting fees are detailed on the original invoice confirming amounts of sale. Monthly hosting and Internet marketing services amounts may vary depending upon the hosting package selected by Client.
    Clover DP LLC reserves the right to change prices at any time including monthly hosting and Internet marketing service amounts and hourly design fees.
    Clover DP LLC accepts payment via wire transfer, check, credit card and EFT debit from Client’s bank account. Upon Client’s authorization of payment to Clover DP LLC via credit card, or EFT debit payment, Client thereby authorizes all recurring monthly hosting and/or additional Services fees, including but not limited to Internet marketing services, to be charged to the same method of payment, credit card or EFT account for future charges until such authorization is withdrawn by Client in writing.
    The Client may change payment methods including credit card and EFT debit payments with 30 days’ notice. To change payment methods Client shall contact Clover DP LLC billing department. Client should not email new billing information for security purposes.
  36. Billing Disputes
    Clover DP LLC charges up to a $25.00 fee for returned checks and a $200.00 fee to handle unauthorized credit card disputes. If Clover DP LLC does not receive payment in full when due, Clover DP LLC may, to the extent permitted by the law of the state of the billing address on file for Client at the time, charge a late fee of up to 1.5% per month (18% per annum), or a flat fee of $5 per month, whichever is greater, on any unpaid balance. Clover DP LLC may, to the extent permitted by the law of the state of the billing address on file for Client at the time account is sent to a collection agency, also charge Client for any collection agency fees and/or attorney’s fees billed to Clover DP LLC for collecting unpaid amounts due and owing from Client. Clover DP LLC will not honor limiting notations made by a Client on a check.
    If Client wishes to dispute a charge, Client must first contact Clover DP LLC billing department and must allow ten (10) business days for a response. To avoid any dispute about Client’s attempt to contact Clover DP LLC, Client must send the request in writing to:
    Attn: Billing Department, Spoonfed Sites, 12026 Knobcrest Dr. Houston, TX 77070. Requests may be emailed to [email protected] If Client chooses to send request by email, a copy of the request must also be sent by mail as confirmation. If Client initiates a credit card dispute the decision of the credit card company is made through an arbitration process and the decision of the credit card company shall be binding upon Client. (See Arbitration)
  37. Termination/Cancellation of Services
    Clover DP LLC, at its sole discretion, may terminate its Services and remove and discard any content, for any reason, including and without limitation, for lack of use, or if Clover DP LLC believes Client has violated the TOS. Clover DP LLC may also, at its sole discretion and at any time, discontinue providing Services, or any part thereof, with or without notice. Client agrees that any termination of access to Clover DP LLC Services under any provision of this TOS may be effected without prior notice and that Clover DP LLC may deactivate or delete Client’s account and all related information files. Client agrees that Clover DP LLC shall not be liable to Client or any third-party for any termination of Services. Paid accounts that are terminated will not be refunded. In addition, accounts that become 30-days delinquent may be terminated. Clover DP LLC also reserves the right to discontinue the designing of Client’s website at any time, at Clover DP LLC sole discretion, with an appropriate refund to the Client. Under no circumstances is the refunded amount to exceed the amount collected by Clover DP LLC.
    If the Client cancels a Service or Services before the work is completed or the Services and/or website are live, a cancellation fee is retained per the Cancellation Fee and Refund Policy. Client agrees that all fees incurred and billed prior to the effective date of cancellation are valid and Client agrees to pay them. Upon request for cancellation of Services, the Services will be cancelled, including, but not limited to, the removal of any websites. A back-up copy of the website is not maintained by Clover DP LLC.
    If Client elects to cancel a monthly website contract prior to the conclusion of a specified term of months (e.g., a 24-month term), Client acknowledges that it will be charged and must pay for the monthly website contract through the end of its term. (For example, if Client enters into a 24-month website contract, and Client cancels the contract at the conclusion of the 11th month, Client will owe and agrees to pay Clover DP LLC for the remaining 13-months of the contract.) In the event Client elects to cancel a monthly website contract prior to the end of specified term of months, Client agrees and acknowledges that it does not own the website, and Client may not take the website upon cancellation.
    Client agrees to pay all hosting fees and additional services fees, including, but not limited to, Internet marketing services, owed from the time of sale until the effective date of cancellation, and at a minimum for hosting fees for one year. Transferring a domain name to another provider or non-use of Client’s hosting account does not constitute termination of the account. Client must notify Clover DP LLC in writing or via email to terminate the Services and avoid further monthly hosting charges. It is Client’s responsibility to secure confirmation from Clover DP LLC that the request for termination has been received and no further hosting fees will be billed.
    Requests for cancellation of Services should be sent to the following address: Attn: Billing Department, Savant Sites, 12026 Knobcrest Dr. Houston, TX 77070.
    Requests may be emailed to [email protected] If Client chooses to send a request by email, a copy of the request must also be sent by mail as confirmation.
  38. Cancellation Effective Date
    Client may cancel Services with 30-days’ written notice. The effective date of cancellation will be 30-days from the date of Clover DP LLC receipt of written notice to cancel Services. Any monthly fees scheduled to bill after receipt of written notice to cancel, but before the effective date of cancellation, are valid and Client agrees to pay such amounts. Client is required to pay Clover DP LLC for one-year of hosting Services. This requirement must be satisfied even if Client elects to cancel Services within the first year of a Client Agreement or Purchase Order. Client’s cancellation of Services does not release Client from its obligation to pay Clover DP LLC for one-year of hosting Services. Also, as previously stated in Section 29, if Client elects to cancel a monthly website contract prior to the conclusion of a specified term of months (e.g., a 24-month term), Client acknowledges that it will be charged and must pay for the monthly website contract through the end of its term. (For example, if Client enters into a 24-month website contract, and Client cancels the contract at the conclusion of the 11th month, Client will owe and agrees to pay Clover DP LLC for the remaining 13-months of the contract.) In the event Client elects to cancel a monthly website contract prior to the end of specified term of months, Client agrees and acknowledges that it does not own the website, and Client may not take the website upon cancellation.
    If Client has not paid all fees due for Services, such fees are due in full at the time of cancellation and Client authorizes Clover DP LLC to collect any outstanding fees due, subject to the Cancellation Fee and Refund Policy. Client acknowledges and agrees that any and all pending billing for design fee installments previously agreed to will not be canceled.
  39. Default, Cancellation and Refund Policy
    In the event that Client is in breach or default in payment for the Services, Client shall be responsible for all reasonable costs and expenses incurred by Client in collection of any sums owing by Client (including reasonable attorneys’ fees), and Clover DP LLC may decline to render further Services to Client without in any way affecting its rights under this Agreement. If, despite any such breach or default by Client, Clover DP LLC elects to continue to render the Services, rendering the Services shall not constitute a waiver of any breach or default by Client or in any way affect Clover DP LLC legal remedies arising from such breach or default.
    No refund shall be given to the Client for cancellation “for convenience,” which is made three (3) days after payment. Notwithstanding this, the Client may treat all advanced and processed payments to Clover DP LLC as credits for future services and projects. Clover DP LLC shall furnish the Client with its latest billing details upon cancellation to reflect the remaining balance usable by the Client for future services.
    For avoidance of doubt, any cancellation that is made based on causes other than Clover DP LLC violation of any of the terms and conditions of its engagement with Client shall be treated as a cancellation for convenience.
    MINIMUM CANCELLATION FEE – Client agrees that a minimum cancellation fee of 25% will be retained by Clover DP LLC on all canceled accounts even if no work has been started. The cancellation fee is charged to compensate Clover DP LLC for upfront expenses and services rendered, including but not limited to, costs incurred for the purchase of domain name(s) for developing the website, securing server space, creating the temporary website or space saver, employee expenses, marketing, and overhead costs.
    ENHANCEMENT SALES – A 100% cancellation fee will be retained by Clover DP LLC and NO REFUND will be issued once work has begun on any enhancements purchased, including, but not limited to, databases, programming, logos, galleries, rollovers, e-commerce stores, etc. Client agrees that a minimum cancellation fee of 50% will be retained by Clover DP LLC on all canceled enhancement purchases if canceled within 60-days of the enhancement sale and if work has not yet begun. NO REFUND will be issued by Clover DP LLC if Client cancels after 60-days from the enhancement sale. Enhancements or additional services purchased after the initial sale are separate purchases and are in addition to and separate from the original sale. If a Client cancels an enhancement, the original sale is not canceled.
    MONTHLY HOSTING – Client agrees that there is NO REFUND of monthly hosting fees or monthly additional services fees, including but not limited to Internet marketing services, incurred or paid by Client prior to cancellation date.
    Client agrees that all fees incurred and billed prior to cancellation date are valid and Client agrees to pay.
  40. Copyright Protection
    Client is advised to copyright and protect all final art against duplication or alteration. Clover DP LLC is not responsible for any Client’s copyrightable material.
  41. Clover DP LLC’s Proprietary Rights
    Client acknowledges and agrees that Clover DP LLC Services may contain proprietary and confidential information that is protected by intellectual- and proprietary-rights laws. Client agrees to not reproduce, duplicate, copy, sell, resell or exploit any portion of Clover DP LLC Services or proprietary or confidential information. Clover DP LLC does not provide direct access, through File Transfer Protocol or other means, to any proprietary technology.
  42. Use of Client Information
    Client hereby agrees that any information or ideas submitted to Clover DP LLC by any means may be used by Clover DP LLC without compensation or liability to Client for any purpose whatsoever, including but not limited to, developing websites, databases, e-commerce and developing, manufacturing and marketing other products. This provision does not apply to Client content or to personal information that is subject to Clover DP LLC Privacy Policy.
    Client hereby gives permission to Clover DP LLC to use samples or links to Client’s custom website designed by Clover DP LLC for marketing and advertising purposes, including but not limited to, use in Clover DP LLC online portfolio.
  43. Third-Party Services
    From time to time third parties may offer services to Clover DP LLC clients. Use of such third-party services will be at Client’s own risk and subject to the terms and conditions of those third parties. Third-party services, including but not limited to, IDX, VOW, and other MLS services, are the responsibility of and shall be paid by Client to its chosen provider. Clover DP LLC does not represent or warrant that use or access to any third-party services will be compatible, uninterrupted, error free, without defects or that Client will be able to access Clover DP LLC services. Client also agrees that Clover DP LLC is under no obligation to provide Client with any enhancements, updates, or fixes to make Clover DP LLC services accessible through any third-party applications.
  44. Contract Service Providers
    Clover DP LLC may contract with Contract Service Providers to complete a portion, or all, of the Client’s custom website and/or Services. The Client agrees not to do business directly with the Contract Service Provider, nor to remit payment to the Contract Service Provider or any Clover DP LLC employee directly for services. All payments for services rendered must be made directly to Clover DP LLC. Contract Service Providers are required to enter into service contracts and other agreement to follow company policies and procedures. Contract Service providers are provided with only the information needed to complete the design or development portion of the Client’s Services and/or website and do not have access to Client’s personal information including payment information.NON-SOLICITATION
    During the Term and for one (1) year thereafter, the Client shall not directly/indirectly, encourage or solicit any employee, independent contractor, vendor, service provider, agent or client of Clover to leave or terminate its ongoing relationship with Clover for any reason.
  45. Disclaimer of Warranties
    CLIENT’S USE OF Clover DP LLC SERVICES IS AT CLIENT’S OWN RISK. Clover DP LLC SERVICES ARE PROVIDED “AS IS”. Clover DP LLC DISCLAIMS TO THE FULLEST EXTENT PERMITTED BY LAW ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT OF PROPRIETARY RIGHTS. Clover DP LLC DISCLAIMS ANY WARRANTIES REGARDING Clover DP LLC SERVICES INCLUDING THAT THEY WILL MEET CLIENT’S REQUIREMENTS, THAT THEY WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE. Clover DP LLC DISCLAIMS ANY WARRANTIES REGARDING THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF Clover DP LLC SERVICES, INCLUDING RESULTING SALES AND WEB TRAFFIC. Clover DP LLC DISCLAIMS ANY WARRANTIES REGARDING THE MARKETING OF CLIENT’S PRODUCTS, SERVICES, SALES, OR WEBSITE. Clover DP LLC DISCLAIMS ANY WARRANTIES REGARDING THE QUALITY OF ANY PRODUCTS, SERVICES, INFORMATION OR OTHER MATERIAL PURCHASED, ADVERTISED OR OBTAINED THROUGH Clover DP LLC SERVICES, OR LINKS PROVIDED BY Clover DP LLC SERVICES, AS WELL AS FOR ANY INFORMATION OR ADVICE PROVIDED BY Clover DP LLC OR OBTAINED THROUGH LINKS PROVIDED THROUGH Clover DP LLC SERVICES.
    CLIENT UNDERSTANDS AND AGREES THAT ANY MATERIAL DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF Clover DP LLC SERVICES ARE DONE AT CLIENT’S OWN RISK AND THAT CLIENT WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGES TO CLIENT’S COMPUTER SYSTEM OR LOSS OF DATA OR OTHER LIABILITY THAT RESULTS FROM THE DOWNLOAD OF SUCH MATERIAL. SOME STATES OR JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES. THE ABOVE EXCLUSIONS MAY NOT APPLY TO CLIENT.
  46. Limitation of Liability
    CLIENT UNDERSTANDS AND AGREES THAT Clover DP LLC, ITS SUBSIDIARIES, AFFILIATES, OFFICERS, AND EMPLOYEES SHALL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY OR PUNITIVE DAMAGES, INCLUDING BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA, OR OTHER INTANGIBLE LOSSES, (EVEN IF Clover DP LLC HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES). SUCH LIMITATION OF LIABILITY SHALL APPLY WHETHER THE DAMAGES ARISE FROM THE USE OF OR INABILITY TO USE Clover DP LLC SERVICES, RELIANCE ON Clover DP LLC SERVICES, OR FROM THE INTERRUPTION, SUSPENSION, OR TERMINATION OF Clover DP LLC SERVICES (INCLUDING SUCH DAMAGES INCURRED BY THIRD PARTIES.) THIS LIMITATION SHALL ALSO APPLY, WITHOUT LIMITATION, TO THE COSTS OF PROCUREMENT OF SUBSTITUTE GOODS OR SERVICES RESULTING FROM PRODUCTS OR SERVICES PURCHASED OR OBTAINED OR MESSAGES RECEIVED OR TRANSACTIONS ENTERED THROUGH Clover DP LLC SERVICES OR FOR UNAUTHORIZED ACCESS TO OR ALTERATION OF CLIENT’S DATA OR TRANSMISSIONS AND ANY STATEMENTS OR CONDUCT OF A THIRD PARTY OR ANY OTHER MATTERS RELATING TO Clover DP LLC SERVICES. SUCH LIMITATION SHALL FURTHER APPLY, WITH RESPECT TO THE PERFORMANCE OR NON-PERFORMANCE OF SERVICES OR ANY INFORMATION OR MERCHANDISE THAT APPEARS ON, OR IS LINKED IN ANY WAY TO Clover DP LLC SERVICES.
    SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATIONS AND EXCLUSIONS MAY NOT APPLY TO CLIENT.
    Without limiting the foregoing, under no circumstance shall Clover DP LLC be liable for any delay or failure in performance resulting directly or indirectly from acts of nature, forces or causes beyond its reasonable control, including without limitation, internet failures, computer equipment failures, telecommunication equipment failures, other equipment failures, electrical power failures, strikes, labor disputes, riots, insurrections, civil disturbances, shortages of labor or materials, fires, floods, storms, explosions, or other casualties, illness, accidents, acts of God, war, governmental actions, orders of domestic or foreign courts or tribunals, non-performance of third parties, or loss of or fluctuations in heat, light or air conditioning. Clover DP LLC full and complete liability, for any reason whatsoever, shall be limited to the full refund of all monies paid to Clover DP LLC.
  47. Indemnification
    Client agrees to defend, indemnify and hold harmless Clover DP LLC, its directors, officers, employees and agents from and against all claims and expenses, including attorneys’ fees that may arise or result from any content Client submits, posts, transmits or makes available through Clover DP LLC Services, from any product sold by Client, its agents or employees or assigns, from any Services provided or performed or agreed to be performed by Clover DP LLC or from Client’s violation of the TOS or Client’s violation of any rights of another, whether such rights arise by statute, common law, contract, or otherwise. Client further agrees to defend, indemnify and hold harmless Clover DP LLC, its directors, officers, employees and agents from and against all claims and expenses, including attorneys’ fees, arising from or related to contracts, representations, agreements, promises, etc., made between Client and third parties, or arising from or related to Client’s negligence toward third parties.
  48. Other Operating Systems Conversions
    Clover DP LLC shall be given first option at compiling the work for operating systems beyond the original use.
  49. Unauthorized Use and Program Licenses
    Client will indemnify Clover DP LLC against all claims and expenses arising from uses for which Client does not have rights to or authority to use. Client is and will be responsible for payment of any special licensing or royalty fees resulting from the use of graphics programs that require such payments.
  50. Notice
    Unless otherwise specifically provided, all notices required or permitted by the TOS shall be in writing and in English and may be delivered personally, or may be sent by email, facsimile or certified mail, return receipt requested, to the address set forth below. If Client chooses to send request by email or facsimile, a copy of the request must also be sent by mail (to the address below) as confirmation of the request.
    Savant Sites, 12026 Knobcrest Dr. Houston, TX 77070
  51. Severability
    In the event that any provision hereof is found invalid or unenforceable pursuant to judicial decree or decision, the remainder of the TOS shall remain valid and enforceable according to its terms.
  52. Jurisdiction
    The TOS agreement shall be governed by the laws of the State of Texas. All legal proceedings are to be submitted exclusively to the jurisdiction of the courts in the State of Texas, County of Los Angeles.
  53. Arbitration
    In lieu of litigation, Client agrees to binding arbitration if requested by Clover DP LLC. Arbitration will be through the Better Business Bureau or other neutral third-party Arbitrator to be selected by Clover DP LLC. If Client initiates a credit card dispute the decision of the credit card company is made through an arbitration process and the decision of the credit card company shall be binding upon Client.
  54. Governance
    Clover DP LLC may investigate any reported violations of this agreement, its policies or any other complaints and take any action it deems appropriate to protect its systems, facilities, Clients, and/or third parties.
  55. Electronic Signatures
    Selecting and submitting “accept” on the electronic copy of the TOS, submitting content through the WIF, making payment, or submitting information or documents to Clover DP LLC so that Clover DP LLC may perform services for the Client, the same shall constitute an electronic signature.
  56. General Information
    This Agreement constitutes the entire understanding and contract between the parties and supersedes any and all prior oral or written agreements (including, but not limited to, any prior versions of the TOS). Any modifications to this agreement must be in writing and signed by an authorized officer of Clover DP LLC. All representations not in writing are null and void. Written agreements may include, but are not limited to, emails and electronic acceptance of this TOS.
  57. CCPA Data Processing Addendum
    This CCPA Data Processing Addendum (the “Addendum”) reflects the requirements of the Texas Consumer Privacy Act of 2018 (“CCPA”), as amended (Cal. Civ. Code § 1798.100, et seq.), and any related regulations or guidance provided by the Texas Attorney General. Any terms defined in the CCPA, including personal information and business purpose, carry the same meaning in this Addendum. This Addendum applies, and forms part of the Terms of Service between Clover DP LLC and Client, if and to the extent Client is a business under the CCPA. This Addendum prevails over any conflicting terms in the Terms of Service.
    Clover DP LLC and Client agree that, for purposes of the CCPA, Clover DP LLC is a service provider to Client. This Addendum governs the retention, use, or disclosure of personal information that is processed by Clover DP LLC on Client’s behalf or that Client otherwise discloses to Clover DP LLC for a business purpose. Clover DP LLC will not retain, use, or disclose any personal information processed on Client’s behalf or that is otherwise disclosed to Clover DP LLC for a business purpose, for any purpose other than to perform the services for Client as specified in the Terms of Service and in any Client Agreement and/or Purchase Order, or as otherwise permitted by the CCPA.
    Client represents and warrants that it will comply with all requirements applicable to businesses under the CCPA when collecting, using, retaining, or disclosing personal information. For example, Client will provide notice to consumers that personal information is being used by or shared with a service provider, consistent with Cal. Civ. Code § 1798.140(t)(2)(C)(i). Client will also provide any other notices required by the CCPA regarding the collection, use, retention, or disclosure of personal information, in the form and manner required by the CCPA, including with respect to any personal information collected by Clover DP LLC on Client’s behalf.
    Clover DP LLC will provide reasonable cooperation and assistance to Client so that Client can meet its compliance obligations under the CCPA, including responding to verifiable consumer requests, taking into account the information processed by and available to Clover DP LLC. Clover DP LLC will promptly notify Client of any complaint, notice, or communication Clover DP LLC receives from a consumer relating to Client’s compliance obligations under the CCPA.DIGITAL MILLENNIUM COPYRIGHT ACT (DMCA) NOTICE
    Savant Sites complies with the provisions of the Digital Millennium Copyright Act (DMCA). If you have a concern regarding the use of copyrighted material on any web site containing Savant Sites listing content, please contact the agent designated to respond to reports alleging copyright infringement.Designated Agent:
    The designated agent for Savant Sites to receive notification of claimed infringement under Title II of the DMCA is:

    Patrick Shelley
    CEO patrick@theclovernetwork.com
    Savant Sites 12026 Knobcrest Dr. Houston, TX 77070
    281-682-0535The DMCA specifies that all infringement claims must be in writing (either electronic mail or paper letter) and must include the following:

    1. A physical or electronic signature of the copyright holder or a person authorized to act on his or her behalf;
    2. A description of the copyrighted work claimed to have been infringed and multiple copyrighted works at a single online site are covered by a single notification, a representative list of such works at that site;
    3. A description of the material that is claimed to be infringing or to be the subject of infringing activity, and information reasonably sufficient to permit the service provider to locate the material;
    4. Information reasonably sufficient to permit the service provider to contact you, such as an address, telephone number, and, if available, an electronic mail address;
    5. A statement that you have a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law; and
    6. A statement that the information in the notification is accurate, and under penalty of perjury, that you are authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.

California Terms and Conditions

These Website Terms and Conditions of Use (these “Terms”), as well as our Privacy Policy (collectively, the “Agreement”), describe the terms and conditions upon which Savant Sites. and its affiliates, subsidiaries, and divisions, including Clover DP LLC, (collectively, “we”, “our”, or “us”), grant you access to the websites located at www.dappersitescreator.com and any other website or service in or to which the Agreement is displayed or linked (collectively, the “Services”). The Agreement does not apply to any application, website, or service that does not display or link to the Agreement.

THE AGREEMENT IS A BINDING LEGAL CONTRACT BETWEEN US AND YOU. PLEASE READ THE AGREEMENT CAREFULLY BEFORE ACCESSING AND USING THE SERVICES. IF YOU DO NOT AGREE TO ANY TERM OF THE AGREEMENT, YOU MUST NOT USE THE SERVICES.

BY ACCESSING AND USING THE SERVICES, YOU AFFIRM THAT:

  • YOU HAVE READ AND UNDERSTAND THE AGREEMENT;
  • YOU WILL COMPLY WITH THE AGREEMENT; AND
  • YOU ARE AT LEAST THE AGE OF LEGAL MAJORITY IN YOUR PLACE OF RESIDENCE AND OTHERWISE LEGALLY COMPETENT TO ENTER INTO A LEGAL AGREEMENT.

ADDITIONAL TERMS

Certain features of the Services may be subject to additional terms (“Additional Terms”) presented in conjunction with the features. Regardless of how they are presented to you, you must agree to the Additional Terms before using the features of the Services to which they apply. If you do not agree to any Additional Terms, then you must not use the Services to which they relate. Unless otherwise specified in the Additional Terms, all Additional Terms are hereby incorporated into and made a part of the Agreement. The Agreement and all Additional Terms apply equally, but if any term within a particular set of Additional Terms is inconsistent with any provision of these Terms, the inconsistent term within the Additional Terms will prevail solely for the Services to which such Additional Terms apply.

CHANGES TO THE TERMS

The effective date of these Terms is set forth at the top of this webpage. The effective date of the Privacy Policy is set forth at the top of the Privacy Policy. From time to time in our sole discretion, we may revise or supplement the Agreement. We will provide you with advance notice of material revisions to the Agreement. We will not make revisions that have an immediate effect unless we are legally required to do so or to protect other users of the Services. The advance notice period will commence when the revised Agreement is uploaded to the Services and made accessible to our users. You acknowledge and agree that posting the updated version of the Agreement on the Services will constitute adequate and sufficient notice, and you further agree to check for updates from time to time. Your continued use of the Services following the posted effective date of an update to the Agreement constitutes your affirmation that you have read, understand, and accept the revised Agreement.

USE OF THE SERVICES

Age of Eligibility: You must be the age of legal majority or older in your place of residence to use the Services.

Your Account: You may be required to create an account (“Account”) to use certain features of the Services. You agree that you will maintain and update your Account information to ensure that it is always current, complete, and accurate. If you provide untrue, incomplete, misleading, or inaccurate information, you understand that we have the right to terminate your Account and your use of the Services. You agree that all information that you provide to us in connection with creating an Account, or that we otherwise collect through the Services, is governed by our Privacy Policy, and you consent to all actions we take with respect to such information consistent with our Privacy Policy.

You agree to protect the security of your Account. You are responsible for all use of your Account, including your login credentials (i.e., username and password) and activation codes. We treat access to the Services through your Account credentials as authorized by you.

Unauthorized access to password-protected or secure areas is prohibited and may lead to criminal prosecution. We may suspend your use of all or part of the Services without notice if we suspect or detect any breach of security relating to your Account or use of the Services. Please immediately notify us using the contact information provided below (at the bottom of these Terms) in the event of any unauthorized access to or use of your user name or password or any other breach of security involving your Account, or if you believe that information you provided to us is no longer secure or you need to deactivate your Account or password.

Accessing the Services: You are responsible for the software, hardware, and Internet service needed to access and use the Services. If you access and use the Services on your smartphone, tablet, or mobile device, you are solely responsible for any and all data and other fees related to use of the Services through such device.

Certain Services may offer text messaging (SMS or MMS) services. Message and data rates may apply. Once you opt-in to receive text messages from us, the frequency of text messages that we send to you depends on your transactions with us. All charges are billed by and payable to your wireless service provider. Please contact your wireless service provider for pricing plans and details. Text message services are provided on an “as is” basis and may not be available in all areas at all times.

BY AGREEING TO RECEIVE TEXT MESSAGES, YOU UNDERSTAND AND AGREE THAT WE MAY USE AN AUTOMATIC DIALING SYSTEM TO DELIVER TEXT MESSAGES TO YOU AND THAT YOUR CONSENT TO RECEIVE TEXT MESSAGES IS NOT REQUIRED AS A CONDITION OF PURCHASE FOR ANY GOODS OR SERVICES.

We do not guarantee availability of the Services at all times of the day. We may from time to time perform upgrades, updates, or otherwise make the Services unavailable. To the maximum extent authorized under applicable law, we reserve the right to change, remove, delete, restrict, block access to, or stop providing any or all of the Services at any time and without notice. Except as may be provided in a separate customer agreement, we have no obligation to provide access to or support for the Services.

Restrictions on Your Use of Services: You may access and use the Services only in accordance with the Agreement and all laws, rules, and regulations applicable to your use of the Services. In addition, you agree that you will not (and you agree not to encourage or allow any third party to):

  • Breach, test, circumvent (or attempt to breach, test, or circumvent) any security, copy protection, or rights management feature in the Services, or otherwise attempt to gain unauthorized access to the Services, other users’ Accounts, or our computer systems or networks;
  • Copy (except as permitted under the section labeled “Our Content”, below), modify, translate, adapt, or otherwise create derivative works or improvements (whether or not patentable) of any part of the Services;
  • Decompile, reverse engineer, disassemble, or decode the Services, or otherwise attempt to derive or gain access to the source code of any part of the Services (unless applicable laws specifically prohibit such restriction);
  • Remove, alter, or obscure any copyright, trademark, or other intellectual property or proprietary notice contained in the Services;
  • Distribute, rent, sublicense, lease, lend, sell, resell, assign, transfer, transmit, stream, broadcast, or otherwise make available or exploit any features or functionality of the Services;
  • Reformat or frame any portion of the Services;
  • Cause or launch any programs or scripts for the purpose of scraping, indexing, surveying, or otherwise data mining any portion of the Services or unduly burdening or hindering the operation and/or functionality of any aspect of the Services;
  • Create an Account under fraudulent pretenses; or
  • Engage in any other conduct that restricts or inhibits anyone’s use or enjoyment of the Services or interferes with the proper working of the Services, or which, as determined by us, may harm us or users of the Services, or expose us or them to liability.

International Use: If you are not a United States resident and you are accessing our Services from outside the United States, you agree to transfer certain information outside your home country to us and that you will follow all the laws that apply to you.

Our servers and operations are located in the United States and our policies and procedures are based on United States law. Because of this, the following provisions apply specifically to users located outside the United States: (i) you consent to the transfer, storage, and processing of your information (including personal data) to and in the United States and/or other countries; (ii) if you are using the Services from a country embargoed by the United States, or are on the United States Treasury Department’s list of Specially Designated Nationals, you are not authorized to access or use the Services; and (iii) you agree to comply with all laws, rules, and regulations in effect in the country in which you reside and the country from which you access the Services. The Services are not intended for distribution to or use by any person or entity in any jurisdiction or country where such distribution or use would be contrary to law or regulation, or that would subject us to any registration requirement within such jurisdiction or country.

OUR CONTENT

We and our licensors retain full and complete title to, and to all information and materials provided on or through, the Services, including all Software (as defined below) and all artwork, graphics, text, video and audio clips, trademarks, logos and other content (collectively, “Our Content”). The names Savant Sites, Clover DP LLC, and the Savant Sites logo, and other trademarks used in the Services, are our trademarks and may not be used in any manner without our prior written consent. All other trademarks not owned by us that appear on or in the Services are the property of their respective owners.

If you comply with the Agreement (including all applicable Additional Terms), then you may download, print and/or copy Our Content other than Software, solely for your own personal use or for limited business purposes upon our approval. Your rights with respect to the Software are described in the section labeled “Use of Software” below.

In addition, except for any of Our Content that is in the public domain, you may not:

  • Incorporate any of Our Content into any other work (such as your own website) or use Our Content in any public or commercial manner;
  • Modify, adapt, reverse engineer, distribute, frame, republish, upload, display, post, transmit, transfer, license, or sell Our Content in any form or by any means;
  • Change any of the notices about copyright, trademarks, or other intellectual property rights that may be part of Our Content; or

You may link to our homepage, provided you do so in a way that is fair and legal and does not damage our reputation or take advantage of it, but you must not establish a link in such a way as to suggest any form of association, approval, or endorsement on our part without our express written consent.

No right, title, or interest in or to the Services or any content on the Services is transferred to you, and all rights not expressly granted are reserved by us.

USE OF SOFTWARE

Any software that is available on or through the Services, including any software embedded on products made available through the Services (collectively, “Software”), is the copyrighted work of us and/or our licensors. Copying or reproducing the Software to any other server or location for further reproduction or redistribution is strictly prohibited, unless such reproduction or redistribution is permitted by a license agreement accompanying such Software. You may not create derivative works of the Software, or attempt to decompile or reverse-engineer the Software unless otherwise permitted by law. Use of the Software is subject to the license terms of any license agreement that may accompany or is provided with the Software. You may not download any Software until you have read and accepted the terms of the accompanying Software license.

Portions of the Software may utilize or include third party software and other copyrighted material. Acknowledgements, license terms, and disclaimers for such material are contained in the documentation for the Software, and your use of such material is governed by their respective terms.

THE SOFTWARE IS WARRANTED, IF AT ALL, ONLY ACCORDING TO THE TERMS OF A SEPARATE LICENSE AGREEMENT ACCOMPANYING THE SOFTWARE. EXCEPT AS WARRANTED IN SUCH LICENSE AGREEMENT, WE AND OUR LICENSORS DISCLAIM ALL WARRANTIES AND CONDITIONS WITH REGARD TO THE SOFTWARE, INCLUDING ALL IMPLIED WARRANTIES AND CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT.

U.S. GOVERNMENT RIGHTS

The Services and the Software are provided to the U.S. Government as “commercial items,” “commercial computer software,” “commercial computer software documentation,” and “technical data,” with the same rights and restrictions generally applicable to the Services and the Software. If you are using the Services and/or the Software and these terms fail to meet the U.S. Government’s needs or are inconsistent in any respect with federal law, you will immediately discontinue your use of the Services and the Software. The terms “commercial item” “commercial computer software,” “commercial computer software documentation,” and “technical data” are defined in the Federal Acquisition Regulation and the Defense Federal Acquisition Regulation Supplement.

PRODUCTS AND ORDERS

Certain products may be available online through the Services. These products are intended for sale in the United States only and may not be available for purchase in your particular country or locality. The reference to such products does not imply or warrant that these products will be available at any time in your particular location. These products may have limited quantities and, except as otherwise agreed to in a separate written agreement between you and us, are subject in all respects to the terms set forth in our Terms and Conditions of Sale and Service and our Product Return Policy, Limited Product Warranty, Advanced Unit Replacement Terms and Conditions, and Post Warranty Service Programs Terms and Conditions, as applicable.

Prices for our products are subject to change without notice, except as otherwise agreed to in a separate written agreement between you and us. We will not be liable to you or to any third party for any modification, price change, suspension or discontinuance of any product. We have made every effort to display as accurately as possible the availability, appearance, price, and specifications of our products that appear through the Services; however, SUCH INFORMATION WILL NOT CONSTITUTE A REPRESENTATION, WARRANTY, OR OTHER COMMITMENT BY US WITH RESPECT TO ANY PRODUCT, AND EXCEPT FOR THE LIMITED WARRANTY REFERENCED IN THE PREVIOUS PARAGRAPH, WE HEREBY DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, WITH RESPECT TO PRODUCTS PURCHASED THROUGH THE SERVICES, INCLUDING AS TO THE ACCURACY, SUITABILITY FOR ANY PURPOSE, OR COMPLETENESS THEREOF.

We reserve the right to refuse any order you place with us. We may, in our sole discretion, limit or cancel quantities purchased per person, per business, or per order. These restrictions may include orders placed by or under the same customer Account, the same credit card, or orders that use the same billing and/or shipping address. In the event that we make a change to or cancel an order, we may attempt to notify you by contacting the email and/or billing address/phone number provided at the time the order was made. We reserve the right to limit or prohibit orders that, in our sole judgment, appear to be placed by unauthorized dealers, resellers, or distributors.

You agree to provide current, complete, and accurate purchase and Account information for all purchases made through the Services. You agree to promptly update your Account and other information, including your email address and credit card numbers and expiration dates, so that we can complete your transactions and contact you as needed.

PROMOTIONS

From time to time, we may offer you the opportunity to participate in challenges or other promotions (collectively, “Promotions”). You may not transfer, assign, sell, trade, or barter any prize, premium, or other benefit you receive through a Promotion. ANY PRIZE, PREMIUM, OR OTHER BENEFIT IS AWARDED “AS IS” WITHOUT ANY EXPRESS OR IMPLIED WARRANTY OR GUARANTEE FROM US, INCLUDING IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT.

We reserve the right to modify, terminate, or suspend the availability of Promotions and to correct errors or inconsistencies in Promotion-related materials. We may disqualify any individual who tampers with any Promotion. CAUTION: ANY ATTEMPT BY ANY INDIVIDUAL TO DELIBERATELY UNDERMINE THE LEGITIMATE OPERATION OF A PROMOTION IS A VIOLATION OF CRIMINAL AND CIVIL LAWS AND WE RESERVE THE RIGHT TO SEEK DAMAGES FROM SUCH INDIVIDUAL TO THE FULLEST EXTENT PERMITTED BY LAW.

You agree to be bound by our decisions, which are final and binding, in all matters relating to Promotions. Promotions are subject to all applicable federal, state, and local laws, rules, and regulations. Promotions are void where they are prohibited, restricted, or taxed.

BY PARTICIPATING IN A PROMOTION, YOU AGREE TO RELEASE US AND OUR AGENTS FROM ANY AND ALL LIABILITY, LOSS, OR DAMAGE ARISING FROM OR IN CONNECTION WITH PARTICIPATION IN ANY PROMOTION-RELATED ACTIVITY OR THE RECEIPT, USE, OR MISUSE OF ANY PRIZE, PREMIUM, OR OTHER BENEFIT.

COMMUNICATIONS

Internet transmissions are never completely private or secure. You understand that any communication that you send to us through the Services may be read or intercepted by others (for example, email communications) unless there is a special notice that a particular message is encrypted (for example, e-commerce orders and credit card information). Sending a communication to us does not cause us to have any special responsibility to you.

LINKS TO OTHER WEBSITES AND SERVICES

The Services may contain links to other websites and services that we think may interest you (“Linked Services”). Linked Services are not under our control, and we are not responsible for any information or materials on, or any form of transmission received from, and accept no responsibility for any loss or damage that may arise from your use of, any Linked Service. The inclusion of a link does not imply our endorsement of the Linked Service or any association with the operators of the Linked Service. We do not investigate, verify or monitor the Linked Services. We provide links to Linked Services for your convenience only. You access Linked Services at your own risk.

TERMINATION

You may stop using the Services at any time. You may terminate your Account at any time by disabling it in your online Account settings or upon written notice to us by sending an email to support@savantsites.com. We reserve the right immediately to suspend or terminate your Account and access to all or part of the Services without notice if we believe you violated the Agreement.

The rights and obligations that by their nature should survive or extend beyond the termination or expiration of the Agreement will survive any termination or expiration of the Agreement.

IMPORTANT NOTE

Please read carefully the following sections as they describe each party’s potential liability to the other and affect how disputes are resolved.

WARRANTY DISCLAIMER

EXCEPT AS OTHERWISE PROVIDED IN THESE TERMS, THE SERVICES ARE PROVIDED “AS IS” AND “AS AVAILABLE” WITHOUT WARRANTY OF ANY KIND, EXPRESS OR IMPLIED. WE SPECIFICALLY DISCLAIM ALL WARRANTIES AND CONDITIONS OF ANY KIND, INCLUDING ALL IMPLIED WARRANTIES AND CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, NON-INFRINGEMENT, UNINTERRUPTED USE, AND ALL WARRANTIES IMPLIED FROM ANY COURSE OF DEALING OR USAGE OF TRADE. WITHOUT LIMITING THE GENERALITY OF THE FOREGOING, WE DO NOT WARRANT THAT (I) THE SERVICES WILL MEET YOUR REQUIREMENTS, (II) OPERATION OF THE SERVICES WILL BE UNINTERRUPTED OR VIRUS- OR ERROR-FREE, OR (III) ERRORS WILL BE CORRECTED. ANY ORAL OR WRITTEN ADVICE PROVIDED BY US OR OUR AUTHORIZED AGENTS DOES NOT AND WILL NOT CREATE ANY WARRANTY. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES, WHICH MEANS THAT SOME OR ALL OF THE ABOVE EXCLUSIONS MAY NOT APPLY TO YOU.

INDEMNIFICATION

You agree to indemnify, defend, and hold harmless us and all of our directors, officers, employees, agents, information providers, licensors, and licensees (collectively, the “Indemnified Parties”) from and against any and all claims, losses, liability and costs (including, without limitation attorneys’ fees and costs), incurred by the Indemnified Parties in connection with any claim arising out of any breach by you of the Agreement or your use of the Services. You agree to cooperate as fully as reasonably required on our defense of any such claim. We reserve the right, at our own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you and you will not in any event settle any matter without our prior written consent, which will not be unreasonably withheld.

LIMITATION OF LIABILITY

TO THE FULLEST EXTENT ALLOWED BY APPLICABLE LAW, NONE OF THE INDEMNIFIED PARTIES WILL BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY INCIDENTAL, SPECIAL, CONSEQUENTIAL, PUNITIVE OR INDIRECT DAMAGES, INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OR CORRUPTION OF DATA, SERVICE INTERRUPTIONS, PROCUREMENT OF SUBSTITUTE SERVICES, LOSS OF PROFITS OR REVENUE, LOSS OF USE, LOSS OF GOODWILL, DIMINUTION OF VALUE, OR ANY OTHER INTANGIBLE LOSSES, WHETHER IN CONTRACT TORT (INCLUDING NEGLIGENCE), OR OTHERWISE, IN EACH CASE ARISING OUT OF OR RELATING TO (I) THE USE OR INABILITY TO USE THE SERVICES OR (II) THE CONDUCT OF YOU OR ANY OTHER USER IN CONNECTION WITH THE USE OF THE SERVICES, EVEN IF ANY OF THE INDEMNIFIED PARTIES KNEW OR HAD BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, AND NOTWITHSTANDING THE FAILURE OF ANY AGREED OR OTHER REMEDY OF ITS ESSENTIAL PURPOSE.

EXCEPT AS EXPRESSLY REQUIRED BY APPLICABLE LAW, IN NO EVENT WILL THE INDEMNIFIED PARTIES’ TOTAL LIABILITY TO YOU FOR ALL CLAIMS ARISING OUT OF OR IN RELATION TO THE SERVICES OR THE AGREEMENT, WHETHER IN CONTRACT, TORT, OR OTHERWISE, EXCEED, IN THE AGGREGATE, FIVE UNITED STATES DOLLARS ($5.00).

The foregoing disclaimers of liability will not apply to the extent prohibited by applicable law in the jurisdiction of your place of residence. You acknowledge and agree that the above limitations of liability, together with the other provisions in the Agreement that limit liability, are essential terms and that we would not be willing to grant you the rights set forth in the Agreement but for your agreement to the above limitations of liability.

DISPUTE RESOLUTION

If you have a legal complaint about the Services, please contact us via email at support@savantsites.com.

To the maximum extent permitted by applicable law, you and we agree that any dispute resolution proceedings will be conducted only on an individual basis and not in a class, consolidated, or representative action.

YOU AGREE THAT ANY CAUSE OF ACTION BROUGHT BY YOU ARISING OUT OF OR RELATED TO THE SERVICES OR THE AGREEMENT MUST COMMENCE WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION ACCRUES; OTHERWISE, THE CAUSE OF ACTION IS PERMANENTLY BARRED.

The Agreement is governed by the laws of the State of Texas, without reference to rules governing choice of law. You and we each hereby irrevocably consent to the exclusive jurisdiction and venue of the federal and state courts located in Harris County, Texas with respect to any claims, suits, or proceedings arising out of or in connection with the Agreement and agree not to commence or prosecute any such claim, suit, or proceeding other than in the aforementioned courts. You waive any and all objections to the exercise of jurisdiction over you by such courts and to venue in such courts.

NOTICE TO CALIFORNIA RESIDENTS

BY USING THE SERVICES, YOU WAIVE YOUR RIGHTS WITH RESPECT TO CALIFORNIA CIVIL CODE SECTION 1542, WHICH SAYS “A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS WHICH THE CREDITOR DOES NOT KNOW OR SUSPECT TO EXIST IN HIS FAVOR AT THE TIME OF EXECUTING THE RELEASE, WHICH, IF KNOWN BY HIM MUST HAVE MATERIALLY AFFECTED HIS SETTLEMENT WITH THE DEBTOR.”

If the Services are at any time deemed an electronic commercial service (as defined under California Civil Code Section 1789.3), California residents are entitled to the following specific consumer rights information:

The provider of the Services is:

Savant Sites
12026 Knobcrest Dr. Houston, TX 77070
281-682-0535

If the Services are deemed an electronic commercial service, you may file a complaint regarding the Services or receive further information regarding use of the Services by sending a letter to the attention of “Legal Department” at the above address.

GENERAL TERMS

Entire Agreement. The Agreement, together with all Additional Terms, constitutes the sole and entire agreement of the parties with respect to the subject matter contained herein and supersedes all prior and contemporaneous understandings and agreements, both written and oral, with respect to such subject matter. If any term or provision of the Agreement is determined to be invalid, illegal, or unenforceable in any jurisdiction, such term or provision shall be eliminated or limited to the minimum extent in such jurisdiction such that the remaining provisions of the Agreement will continue in full force and effect and such invalidity, illegality, or unenforceability will not affect any other term or provision of the Agreement or invalidate or render unenforceable such term or provision in any other jurisdiction.

Assignment. You will not assign or otherwise transfer the Agreement or any of your rights or obligations under the Agreement without our prior written consent. Any purported assignment or transfer in violation of this paragraph is null and void. We may assign the Agreement without your consent (i) in connection with a merger, acquisition or sale of all or substantially all of our assets or (ii) to any affiliate or as part of a corporate reorganization; and effective upon such assignment, the assignee is deemed substituted for us as a party to the Agreement, and we are fully released from all of our obligations and duties to perform under the Agreement. Subject to the foregoing, the Agreement will be binding upon, and inure to the benefit of the parties and their respective permitted successors and assigns.

Europe Terms and Conditions

Thank you for visiting this website.

These website terms of use, which incorporate the applicable Additional Terms (as defined below) (together “Terms“) apply to your use of this website and any and all other websites operated by Savant Sites (each a “Site“). Please note that these Terms apply, regardless of the means of delivery of any Site to you.

By using any Site, you indicate that you have read and accept these Terms, including the applicable Additional Terms and agree to abide by and be bound by all such Terms (as modified from time to time). If you do not accept all applicable Terms, please refrain from using any Site.

Please note that we may change these Terms from time to time without notice so you should review them each time that you visit any Site.

We draw your attention to the limitations on liability contained in clause 11 below and to the consents to data transfer and processing contained in clause 9 below.

In addition to these Terms each Site may have supplementary terms and conditions which apply to the Site(s) on which they appear or the services available on the Site (“Additional Terms“). Please ensure that you read any Additional Terms and the Privacy Policy as they form part of these Terms in respect of the Site(s) to which they relate. To the extent that the Additional Terms conflict with these Terms, the Additional Terms shall prevail (including, without limitation, any liability limitations or exclusions in the Additional Terms), but only in respect of the Site(s) on which they appear.

Index

  1. About us
  2. Contacting us
  3. Using Sites
  4. Linking
  5. Registration
  6. Your Content
  7. Third party content
  8. Intellectual Property Rights
  9. Your personal information
  10. Interactive services
  11. Our liability
  12. Maintenance of the Site
  13. Severance
  14. Variation
  15. Jurisdiction and applicable law

1. About us

  1. Each Site is operated by Savant Sites, a company registered in Texas under company number +1 (888) 862-1724 with a registered office at 12026 Knobcrest Dr. Houston, TX 77070 (“we“, “us“, “our“).

2. Contacting us

  1. If you suspect misuse of any Site, please refer to the Additional Terms for the relevant Site for information as to the appropriate person to contact.
  2. For general comments on any Site, or to seek permission to do anything prohibited by or not contained in the applicable Terms, or which requires our prior consent or agreement, you can contact us following the instructions found on the ‘Contact’ page on the relevant Site.
  3. We respect the intellectual property rights of others, and we request that our visitors do the same. It is our policy to terminate the accounts of users who repeatedly infringe the rights of others. If you think your work has been copied in a manner that constitutes copyright infringement, you may notify our copyright agent, who can be reached at:
    Clover DP LLC
    12026 Knobcrest Dr.
    Houston, TX 77070
    Attention: Legal Department
    Email: copyrightagent@springernature.com
    Phone: +1-212-460-0220
    Please include all of the following in your notification:

    1. A physical or electronic signature of the person authorized to act on behalf of the owner of an exclusive copyright that is allegedly infringed;
    2. a description of the copyrighted work you claim has been infringed;
    3. a description of where the material you claim is infringing is located on the site;
    4. your address, telephone number, email address and all other information reasonably sufficient to permit us to contact you;
    5. a 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
    6. 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 behalf of the owner of an exclusive right that is allegedly infringed.

If you would like to report any defamatory content, please click here.

3. Using Sites

  1. Access to any Site is permitted on a temporary basis and we reserve the right to withdraw or amend the service we provide on the Site or part of the Site without notice. We will not be liable or responsible if for any reason any or all Site(s) is (are) unavailable at any time or for any period.
  2. We may update any Site from time to time, and may change the content at any time. Please note that any of the content on any Site may be out of date at any time, and we are under no obligation to update it.
  3. The information and materials on any Site are not intended to amount to advice on which you should rely. As such, we disclaim all liability and responsibility arising from any reliance placed on such information and materials by any visitor to the Site, or by any person who may be informed of any of its content.
  4. You may view (and, where applicable, listen to and/or watch) the content and applications available on the Site for your own private non-commercial use. You must not use or allow others to access or use, all or any part of our Site or the contents and/or applications on it for commercial purposes without our permission. Use of all or any part of any Site or the contents and/or applications on it for commercial purposes shall be subject to separate terms and conditions and may be subject to a fee.
  5. You may occasionally print individual pages of any Site for your private non-commercial use, provided that such printing is not substantial or systematic and our trade marks, copyright notices and trade mark notices are not removed.
  6. From time to time we may restrict access to some parts of a Site, or to that entire Site, to users who have registered with us. Registered users may (as detailed in the Additional Terms for that Site) customise some of certain Sites’ features to create personalised areas of the Site for their own private non-commercial use. You must not otherwise alter, adapt or reverse engineer any part of the Site.
  7. You must not (whether directly or indirectly):
    1. distribute, transmit, syndicate, sell or offer to sell or otherwise make available all or any part of any Site or in any way seek to commercialise all or part of the combination of materials which together constitute the Site;
    2. distribute, transmit, syndicate, sell or offer to sell or otherwise make available any content, files, feeds or data from a Site, whether publically available or not, except as specifically permitted by that Site and in compliance with any applicable conditions or restrictions; or
    3. copy, download, or store any content, files, feeds or data from any Site, whether publically available or not, to make or populate a database or publication of any kind whatsoever, provided that for the avoidance of doubt this is not intended to restrict copying of an insubstantial part of any such material where you are able to show ‘fair dealing’ with it, in each case in accordance with the UK Copyright, Designs and Patents Act 1988.
  8. You may only play video or audio files using the media player on any Site or on the website of one of our licensees who is displaying such material with our authorisation. Where any videos or other materials are displayed through a third-party embedding service you must comply with all applicable conditions of that third party.
  9. If you would like to ‘share’ a story, an application, or other content from any Site with somebody, please use the ‘Send to a Friend’ facility or ‘share’ function (or such other similar feature) on the Site, or you may email a link to the Site to your friend or simply ask them to visit the Site. Please ensure that you have their consent before entering their details.
  10. You should be aware that content and resources may be removed from any Site with or without notice at any time and we accept no responsibility or liability for any reliance by you on the continued availability of any content or resources on the Site.
  11. Whether or not you are a registered user, you must not abuse any Site’s ‘Report this Comment’ facility (or any similar feature) (such as, without limitation, by making malicious reports).
  12. You are solely liable and responsible for any third-party charges incurred by you in accessing and using any Site, including in particular any network charges for fixed or mobile internet use.

4. Linking

  1. You may establish a link to one or more Site(s), provided that:
    1. the link is legal and not detrimental or damaging to and/or does not take unfair advantage of our reputation or business;
    2. such linking is not for advertising or promotional purposes (unless we have expressly agreed to it);
    3. the link is not from any website which promotes any political or religious views, or promotes or depicts intolerance, hatred, discrimination, violence, pornography or illegal activity (websites of any such nature being referred to as an “Unacceptable Forum“);
    4. the link does not falsely or misleadingly imply or suggest that we endorse, approve of or are associated with the linked website, its webpages or any of its contents; and
    5. framing of any Site on any other website is not allowed and you must not provide access to the Site or part of it under any other URL.
  2. We may withdraw your right to link to any Site without notice and at any time (acting in our sole discretion).
  3. Subject to these Terms and to applicable Additional Terms you may only include links on any Site to third party websites or webpages if:
    1. the third party website is not an Unacceptable Forum, and the content of or linking to such third party websites or webpages does not breach any of the provisions set out in clause 6.6;
    2. the terms of use of such websites or webpages allows such linking;
    3. links are clearly and visibly marked as such;
    4. the content of any linked website or webpages are relevant and clearly related to the Content to which it is linked; and
    5. the link will not result in any automatic download.
  4. Where any Site and/or applications contain links to other websites, webpages, resources, or mobile services which are proprietary to third parties, other users, advertisers or sponsors, such websites, webpages, resources and mobile services are provided for your information only and you access them at your own risk. We are not liable or responsible for the content or operation of third party websites, webpages, resources or mobile services. You should read any applicable terms and conditions and privacy policies.

5. Registration

  1. Where you are required to register to use a Site or part of a Site, it is your responsibility to provide accurate and complete registration details and to keep such details up to date. We are entitled to rely on any such registration details you provide to us.
  2. Unless stated otherwise, each registration is for a single user only and not for multiple users. If you choose, or you are provided with, a user identification code, password or any other piece of information as part of our security procedures, you must treat such information as confidential. You must not disclose it to any third party. You are solely responsible for any loss or damage you or we may suffer as a result of your failure to do so.
  3. Your registration with any Site must be in your own, real, name, not under any false or assumed name and not with any other person’s identity. You must not pretend to be a different person. You must provide a valid email address when you register for any Site. If you provide an email address to us then you warrant to us that you are entitled to receive email to such email address. You also acknowledge and agree that we may stop sending emails to you without prior notification.
  4. You are responsible for everything done using your registration details. You must not disclose your login details to any other person. If you think that another person may have access to, or be using, your registration details, you must inform us immediately.
  5. We may suspend, terminate or prevent your account and/or your access to any or all Site(s) at our sole discretion. Where we suspend, terminate or prevent your registration, you must not attempt to re-register or submit any content, material or applications without our prior written consent.
  6. For the avoidance of doubt, where we suspend, terminate or otherwise prevent your account or your access to any Site, we may continue to publish or use your Content (as defined in clause 6) in accordance with the provisions of the applicable Terms.
  7. If you know or suspect that anyone other than you knows your user identification code or password, you must promptly notify us in accordance with clause 2 of these Terms.

6. Your content

  1. Each Site may, in accordance with its own Additional Terms, offer you the opportunity to submit, post, display, transmit, perform, publish, distribute or broadcast content and materials, including, without limitation, articles, commentaries, photographs, text, music, video, audio recordings, computer graphics, pictures, data, questions, comments, suggestions or personally identifiable information (“Content”). You retain ownership of any intellectual property rights that you hold in the Content.
  2. You grant to us a royalty-free, non-exclusive, perpetual, irrevocable license to use, copy, edit, adapt, publish, reproduce, translate, sub-license, create derivative works from, make available, communicate, display, store and distribute your Content (in whole or part) and/or to incorporate it in other works in any form, format, media, or technology now known or later developed (including without limitation in print, digital and electronic form) throughout the world in accordance with the provisions of these Terms. By submitting your Content, you warrant that you have the right to grant this license. To the extent permitted by law, you waive all moral rights in your Content. To the extent that you are unable to waive any such moral rights, you agree not to assert the same.
  3. It is our sole discretion, subject to any rules and procedures applicable to any Site, whether or not we choose to publish or otherwise make available Content on the Site. We may remove Content at our discretion, subject only to our express obligations in respect of peer-reviewed articles.
  4. For the avoidance of any doubt, you acknowledge and agree that we may:
    1. Continue to publish all or part of Your Content, including applications, your name, town and country, even if you change your mind and want us to remove it and/or you are no longer registered with the Site;
    2. remove your Content at our sole discretion (even if you have not breached these Terms).
    3. use all or part of your Content in promoting our products and services;
    4. reproduce your trade marks, trade names, service marks, logos, domain names or other identifying signs or images;
    5. publish and/or distribute widgets and other applications similar to yours and bearing our or another user’s branding or logo without any liability or responsibility to you;
    6. modify your Content in any way at our sole discretion.
  5. You acknowledge that we are not responsible for checking, monitoring or moderating any Content and you remain solely responsible for all Content that you upload or submit.
  6. By uploading or submitting Content to any Site, you warrant that (subject to the following sentences) you are the sole author of and owner of all proprietary rights in the Content. If the Content includes any material that belongs to a third party, you promise that you have obtained the permission of such third party owners to use their material in accordance with the provisions of these Terms, including its publication on the Site concerned and the right of visitors to the Site to download the Content, including such third-party material. You further warrant that you have attached all third-party copyright or proprietary notices which you are required to attach.
  7. You warrant and represent that your Content, and the content of any website from which you include a link to any Site, or to which you post a link from a Site, will not be inappropriate. Without limitation, Content (and the content of third-party websites) may be considered inappropriate if:
    1. it is misleading in any way, and/or it gives a false impression as to its origins or approvals;
    2. it is defamatory, plagiarised (including plagiarism from your own work), abusive, malicious, threatening, false, misleading, offensive, insulting, discriminatory, profane, harassing, racist, sexist, indecent, obscene, pornographic, hateful or it advocates violence;
    3. it is in breach of confidentiality or another person’s privacy or other rights, or of any duty owed by you;
    4. it prejudices any active or pending legal proceedings of which you are aware;
    5. it contains accusations of impropriety or personal criticism of our personnel, editors or reviewers;
    6. it infringes any intellectual property rights proprietary to us or any third party;
    7. it is technically harmful (including Content containing, without limitation, computer viruses, logic bombs, trojan horses, worms, harmful components, corrupted data or other malicious software, harmful data or conduct and/or contains any other element which is intended to harm us or any third party, or to carry out or facilitate any fraudulent or dishonest transaction);
    8. it advertises or promotes any product or service or makes any requests for donations or financial support;
    9. it is spam or junk content;
    10. it impersonates another person or otherwise misrepresents your identity, affiliation or status;
    11. it would be considered a criminal or statutory offence in any jurisdiction, or gives rise to civil liability, or is otherwise unlawful; and/or
    12. it is in breach of these Terms and/or of any Additional Terms.
  8. You must not attempt to avoid or undermine any protections we put in place for the security and operation of any Site.
  9. You must not attempt to gain unauthorised access to any Site, the server on which any Site is hosted or any server, computer or database connected to any Site or to attack any Site via a denial of service attack or by any means other than through a normal web browser in the generally-accepted manner, and in accordance with these Terms. By breaching the provisions of this clause, you may be committing a criminal offence. We shall report any such breach to the relevant law enforcement authorities and we will co-operate with those authorities by disclosing your identity to them and your right to use the affected Site and any other Site whose use is subject to these Terms shall immediately and automatically cease.
  10. Unless you have our express permission to do so, you must not re-submit any Content or other material or applications which have previously been rejected or removed.
  11. You shall indemnify us on demand and keep us indemnified against all liabilities, losses, damages, costs, claims and expenses (including any professional costs and expenses) suffered or incurred by us arising out of or in connection with any breach or alleged breach by you of this clause 6.
  12. You undertake to defend us from and against any claim or action by a third party that the use or possession of any Content submitted or uploaded to any Site by you infringes the intellectual property of such third party (“IPR Claim“), and shall on demand indemnify us and keep us indemnified against all liabilities, losses, damages, costs, claims and expenses (including any professional costs and expenses) suffered or incurred by us arising out of or in connection with any such IPR Claim.

7. Third party content

  1. We are not liable or responsible for any third party content on any Site. Third party content includes, for example, comments, blogs and articles posted by any third parties, Content, the content of advertisements, applications posted by other third parties and content accessed through applications.

8. Intellectual Property Rights

  1. For the avoidance of doubt, we are the owner or the licensee of all intellectual property rights in all Sites. All such rights are reserved. Our status (and that of any identified contributors) as the authors of content on our site must always be acknowledged.
  2. We acknowledge and agree that you (or your licensor) retain(s) ownership in any copyright you may have in the Content you submit or upload to any Site, in accordance with the Terms.

9. Your personal information

  1. In addition to these Terms and the Additional Terms, please read the Privacy Policy at http://www.nature.com/info/privacy.html carefully as it governs our collection and use of information about you, and states that we may collect your information in the UK and transfer it to companies within our group (including companies based outside of the UK and Europe). By using our Site, you consent to us obtaining, holding, processing and transferring your data as set out in the Privacy Policy.

10.  Interactive services

  1. We may from time to time provide interactive services on any Site, including (without limitation) chat rooms, bulletin boards and other forums (“interactive services“).
  2. Where we do provide any interactive service, we will provide clear information to you about the kind of service offered, whether it is moderated and what form of moderation is used (including whether it is human or technical).
  3. We are under no obligation to oversee, monitor or moderate any interactive service we provide on any Site, and we expressly exclude our liability for any loss or damage arising from the use of any interactive service by a user in contravention of our content standards at clause 6 of these Terms, and as contained in any Additional Terms, whether the service is moderated or not.
  4. The use of our interactive services by a minor is subject to the consent of their parent or guardian. We advise parents who permit their children to use an interactive service that it is important that they communicate with their children about their safety online, as moderation is not foolproof. Minors who are using any interactive service should be made aware of the potential risks to them.
  5. Where we do moderate an interactive service, we will normally provide you with a means of contacting the moderator, should a concern or difficulty arise.

11.  Our liability

  1. The provisions of this clause 11 set out our entire financial liability (including any liability for the acts or omissions of our employees, agents and sub-contractors) to you in respect of all losses, claims or liabilities arising under or in connection with these Terms or your use of any Site generally, whether in contract, tort (including negligence), breach of statutory duty, or otherwise.
  2. The information and material contained on each Site is for information purposes only and does not constitute advice. Such information and material may be incorrect or out of date and should not be considered as a definitive or complete statement. You should check any information and material on the Site and use your own judgement before doing or not doing anything on the basis of such information or material. We make no representations or warranties with respect to the Site or its content. All warranties (express or implied) (including without limitation the implied warranties of satisfactory quality and fitness for purpose relating to any Site and/or its content) are hereby excluded to the fullest extent permitted by law. No representations or warranties are given as to the accuracy or completeness of the information or material provided on any Site or any website or webpage to which it is linked.
  3. Nothing in these Terms excludes or limits our liability for death or personal injury caused by our negligence or for fraud of fraudulent misrepresentation or any other liability that cannot be limited by applicable law.
  4. To the fullest extent permitted by law, we, other members of our group of companies and third parties connected to us hereby expressly exclude any liability for:
    1. loss of or corruption to data; or
    2. loss of profit; or
    3. loss of anticipated savings; or
    4. loss of anticipated revenue; or
    5. loss of business; or
    6. loss of opportunity; or
    7. adverse effect on reputation and/or goodwill; or
    8. any indirect or consequential loss or damage save that for these purposes losses arising as a result of regulatory fines and damage to property shall to the extent arising as a natural consequence of the breach in question not be regarded as indirect or consequential.
  5. Subject to the provisions of clause 11.3 above, our total liability to you in respect of all losses and liabilities arising under or in connection with these Terms, whether in contract, tort (including negligence), breach of statutory duty, or otherwise, shall in no circumstances exceed an amount equal to the amount paid by you to us in the 12 month period immediately preceding the date on which such loss or liability arose or £250, whichever is greater.
  6. Without prejudice to the generality of the exclusions of liability contained in this clause 11, we shall not be liable to you if you cannot access any Site properly or at all (wholly or partly) or if some of its features are unavailable to you due to events outside our control (including without limitation the performance of any internet service provider, the performance of any internet browser, limitations of the device you use to access the Site and/or any malicious or unintentional harm done by yourself or others).
  7. We shall have no liability to you for any loss, damage or inconvenience suffered due to the unavailability, withdrawal, corruption or loss of any Content, material or other information or data from or on any Site, or for any use of or reliance on any Content on any Site.
  8. Whilst we monitor each Site with a view to locating and fixing defects, you acknowledge and agree that we cannot and do not guarantee that each Site or any individual feature of each Site will be error free, be available at all times and/or be free from viruses and defects. We shall not be liable for any loss or damage caused by a virus, distributed denial-of-service attack, or other technologically harmful material that may infect your computer equipment, computer programs, data or other proprietary material due to your use of any Site or to your downloading of any content on it, or on any website linked to it.

12.  Maintenance of the Site

  1. You acknowledge and agree that from time to time we may need to suspend access to all or a part of any Site while we:
    1. fix defects and errors in the Site;
    2. install updates and undertake general diagnosis and maintenance of the Site; and
    3. undertake emergency maintenance and/or suspend access to the servers,

and that as a result of which the Site may be less accessible or unavailable to you from time to time.

13.  Severance

  1. If any court or competent authority finds that any provision of these Terms (or part of any provision) is invalid, illegal or unenforceable, that provision or part-provision shall, to the extent required, be deemed to be deleted, and the validity and enforceability of the other provisions of these Terms shall not be affected.

14.  Variation

  1. We may revise these Terms at any time by amending this page or the page on which the Additional Terms appear. You must check this page, and the page of each Site where Additional Terms appear, from time to time to take notice of any changes we make, as they are binding on you. Some of the provisions contained in these Terms may also be superseded by provisions or notices published elsewhere on the Site, including without limitation in Additional Terms.

15.  Jurisdiction and applicable law

  1. Subject to clause 15.3, the law governing these Terms, and any dispute or claim arising out of or in connection with them or their subject matter or formation (including non-contractual disputes or claims), shall be governed by and construed in accordance with the laws of England and Wales.
  2. Subject to clause 15.3, the courts of England and Wales shall have exclusive jurisdiction to settle any dispute or claim that arises out of or in connection with these Terms or its subject matter or formation (including non-contractual disputes or claims). For our exclusive benefit and to the extent possible in the applicable jurisdiction, we retain the right to bring or enforce proceedings as to the substance of the matter in the courts of the country of your residence or, where these Terms are entered into in the course of your trade or profession, the country of the place of business in which you agreed to these Terms or (if different) the country of your principal place of business.
  3. If you are in the USA or Canada, these Terms shall be governed by the laws of the State of New York, without regard to any conflict of law provisions, and the parties agree to submit to the exclusive jurisdiction of the courts located in the State of New York.
  4. In the event of any legal action arising from or relating to these Terms of Use or your use of any Site, you hereby waive the right to a jury trial.