Terms of Service
ACKNOWLEDGMENT AND ACCEPTANCE OF TERMS OF SERVICE
This Clever Fox Solutions General Terms of Service (“Service Terms”) is provided to you (“Customer”) in connection
with the Clever Fox Solutions service that Customer has purchased (the “Service”). These terms and conditions
comprise the entire agreement between Customer and Clever Fox Solutions with respect to the Service.
MODIFICATIONS TO TERMS OF SERVICE AND SERVICE
Clever Fox Solutions may change the terms and conditions of the Service from time to time. Upon any such change,
Clever Fox Solutions will notify the Customer by posting the changes to the site from which the Service was purchased.
Clever Fox Solutions reserves the right to modify or discontinue the Service with or without notice to Customer.
Clever Fox Solutions shall not be liable to Customer or any third party should Clever Fox Solutions exercise its right to
modify or discontinue the Service. Customer’s use of the Service constitutes an affirmative agreement by Customer to
abide and be bound by these Service Terms and its modifications.
CUSTOMER’S RESPONSIBILITY TO BACK-UP DATA
Customer agrees that prior to Clever Fox Solutions servicing any Customer equipment it is Customer’s responsibility
to (1) back-up the data, software, information or other files stored on Customer’s computer disk drives, peripherals,
MP3 player, DVD player, camcorder, digital camera and/or on any other electronic storage device; and (2) remove all
videotapes, compact disks, floppy disks, laser disks, cassettes, DVDs, film or other media from Customer’s product
.
Customer agrees that whether or not Customer requests back-up services from Clever Fox Solutions and/or its third
party service provider, neither Clever Fox Solutions nor its third party service provider shall be liable under any
circumstances for any loss, disclosure, alteration or corruption of any data, software, information, files, videotapes,
compact disks, floppy disks, laser disks, cassettes, DVDs, film or other media.
LIMITATIONS TO SERVICE
Clever Fox Solutions shall not be liable for any failure or delay in performance due to any cause beyond its control.
Clever Fox Solutions and/or its third party service providers reserve the right to refrain from providing the Services
ordered and instead refund Customer’s payment, wholly or in part, on the basis that the minimum system requirements
are not met or the technical needs (including wiring or overcoming physical or technical barriers) or other requirements
of the Customer are unusual or extensive and beyond the scope of these Service Terms, as determined by
Clever Fox Solutions .
INDEMNIFICATION
Customer agrees to indemnify, defend, and hold harmless Clever Fox Solutions (and its affiliates and their respective officers,
directors, employees and agents) from and against any and all losses, costs, obligations, liabilities, damages, actions, suits, causes
of action, claims, demands, liens, encumbrances, security interests, settlements, judgments, and other expenses, (including but
not limited to cost of defense, settlement, and reasonable attorneys’ fees) of whatever type or nature, including, but not limited
to, damage or destruction to property, injury (including death) to any person or persons, which are asserted against, incurred,
imposed upon or suffered by Clever Fox Solutions by reason of, or arising from: (a) Customer’s breach of this Agreement; (b)
Customer’s actual or alleged infringement of any patent, copyright, trademark, trade secret or other property or contract right
of any other person; (c) Customer’s actual or alleged failure to promptly pay sums due Clever Fox Solutions or third parties;
(d) Customer’s failure to comply with applicable laws, regulations or ordinances; or (e) the acts or omissions of Customer
(or its officers, directors, employees or agents).
DISCLAIMER OF WARRANTIES
CUSTOMER EXPRESSLY AGREES THAT USE OF THE SERVICE IS AT CUSTOMER'S SOLE RISK. THE SERVICE
IS PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS. CLEVER FOX SOLUTIONS EXPRESSLY DISCLAIMS
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. CLEVER FOX SOLUTIONS MAKES NO WARRANTY THAT THE SERVICE WILL MEET
CUSTOMER’S REQUIREMENTS, OR THAT THE SERVICE WILL BE UNINTERRUPTED, TIMELY, SECURE, OR
ERROR-FREE; NOR DOES CLEVER FOX SOLUTIONS MAKE ANY WARRANTY AS TO THE RESULTS THAT
MAY BE OBTAINED FROM THE USE OF THE SERVICE OR AS TO THE ACCURACY OR RELIABILITY OF ANY
INFORMATION OBTAINED THROUGH THE SERVICE. CUSTOMER UNDERSTANDS AND AGREES THAT ANY
MATERIAL AND/OR DATA DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE SERVICE
IS DONE AT CUSTOMER'S OWN DISCRETION AND RISK AND THAT CUSTOMER WILL BE SOLELY RESPONSIBLE
FOR ANY DAMAGE TO CUSTOMER'S COMPUTER/SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE
DOWNLOAD OF SUCH MATERIAL AND/OR DATA. NO ADVICE OR INFORMATION, WHETHER ORAL OR
WRITTEN, OBTAINED BY CUSTOMER FROM CLEVER FOX SOLUTIONS OR THROUGH THE SERVICE SHALL
CREATE ANY WARRANTY NOT EXPRESSLY MADE HEREIN. SOME JURISDICTIONS DO NOT ALLOW THE
EXCLUSION OF CERTAIN WARRANTIES, SO SOME OF THE ABOVE EXCLUSIONS MAY NOT APPLY TO EACH
CUSTOMER. IT IS THE RESPONSIBILITY OF CUSTOMER TO BACK-UP ALL DATA ON COMPUTERS AND OTHER
DEVICES; CLEVER FOX SOLUTIONS WILL NOT BE HELD LIABLE FOR LOSS OF ANY CUSTOMER DATA.
LIMITATION OF LIABILITY
CLEVER FOX SOLUTIONS SHALL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL OR
CONSEQUENTIAL DAMAGES, RESULTING FROM THE USE OR THE INABILITY TO USE THE SERVICE OR
FOR COST OF PROCUREMENT OF SUBSTITUTE GOODS AND SERVICES OR RESULTING FROM ANY GOODS
OR SERVICES PURCHASED OR OBTAINED OR MESSAGES RECEIVED OR TRANSACTIONS ENTERED INTO
THROUGH THE SERVICE OR RESULTING FROM UNAUTHORIZED ACCESS TO OR ALTERATION OF CUSTOMER'S
TRANSMISSIONS OR DATA, INCLUDING BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, USE, DATA
OR OTHER INTANGIBLE, EVEN IF CLEVER FOX SOLUTIONS HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH
DAMAGES. SOME JURISDICTIONS DO NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY FOR
INCIDENTAL OR CONSEQUENTIAL DAMAGES SO SOME OF THE ABOVE LIMITATIONS MAY NOT APPLY TO
EACH CUSTOMER.
It is Customer’s responsibility to back-up the software and data that is stored on Customer’s computers, hard disk drive(s),
and/or on any other storage devices Customer may have, and Clever Fox Solutions shall not be responsible at any time for any
loss, alteration, or corruption of any software, data, or files. Clever Fox Solutions shall not be liable in any way for damages
arising from any part, equipment, peripheral, software or other product supplied to Customer by Clever Fox Solutions .
Notwithstanding any language to the contrary, Clever Fox Solutions ’s maximum liability to Customer arising from or related to
Clever Fox Solutions under this Agreement shall be limited to the sums paid by Customer to Clever Fox Solutions under this
Agreement during the three months prior to the time the cause of action arose.
TERMINATION
Either Customer or Clever Fox Solutions may immediately terminate the Service upon written notice to the other party.
Upon termination of the Service, Customer's right to use the Service immediately ceases. Customer shall have no rights
and Clever Fox Solutions will have no obligations regarding the Service thereafter.
CONTACT CLEVER FOX SOLUTIONS
For information on policies, company information and other questions about Clever Fox Solutions,
please review our web-site at http://www.cleverfoxsolutions.com /or call 1 (985) 262-9551 /or E-mail us at sales@cleverfoxsolutions.com.
Last change Date: 5/1/210