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AGREEMENT BETWEEN YOU AND Clover Leaf Concepts, Inc.
The kidsafemail.com Web Site is offered to you conditioned on your acceptance
without modification of the terms, conditions, and notices contained herein.
Your use of the kidsafemail.com Web Site constitutes your agreement to all such
terms, conditions, and notices.
PRIVACY AND PROTECTION OF PERSONAL
Clover Leaf Concepts, Inc. will never sell or give away any email addresses or
personal information entrusted to us to a third party unless required to by law.
Additionally, Clover Leaf Concepts, Inc. will never collect any personal
information from or about a child except the name the parent or guardian
provides to us for use in setting up an approved e-mail account.
MEMBER ACCOUNT, PASSWORD, AND SECURITY
If you choose to open a kidsafemail.com account, you must complete the
registration process by providing Clover Leaf Concepts, Inc. with current,
complete and accurate information as prompted by the applicable registration
form. You then will choose a password and a user name. You are entirely
responsible for maintaining the confidentiality of your password and account.
Furthermore, you are entirely responsible for any and all activities that occur
under your account. You agree to notify Clover Leaf Concepts, Inc. immediately
of any unauthorized use of your account or any other breach of security. Clover
Leaf Concepts, Inc. will not be liable for any loss that you may incur as a
result of someone else using your password or account, either with or without
your knowledge. However, you could be held liable for losses incurred by Clover
Leaf Concepts, Inc. or another party due to someone else using your account or
password. You may not use anyone else’s account at any time, without the
permission of the account holder.
Clover Leaf Concepts, Inc. reserves the right to change the terms, conditions,
and notices under which the Clover Leaf Concepts, Inc. Sites/Services are
offered, including but not limited to the charges associated with the use of the
Clover Leaf Concepts, Inc. Sites/Services. You are responsible for regularly
reviewing these terms and conditions and additional terms posted on the website.
Your continued use of the Clover Leaf Concepts, Inc. Sites/Services constitutes
your agreement to all such terms, conditions, and notices.
PERSONAL AND NON-COMMERCIAL USE LIMITATION
Unless otherwise specified, the Clover Leaf Concepts, Inc. Sites/Services are
for your personal and non-commercial use. You may not modify, copy, distribute,
transmit, display, perform, reproduce, publish, license, create derivative works
from, transfer, or sell any information, software, products or services obtained
from the Clover Leaf Concepts, Inc. Sites/Services. Without the advance express
written permission of Clover Leaf Concepts, Inc., you may not ‘meta-search’
the Clover Leaf Concepts, Inc. Sites/Services, send, or cause to be sent, any
automated queries of any sort to the Clover Leaf Concepts, Inc. Sites/Services,
or use the Clover Leaf Concepts, Inc. Sites/Services in any commercial manner.
“Automated queries” shall include but not be limited to using any software
that sends queries to any Clover Leaf Concepts, Inc. Sites/Services.
Although every effort is made to
eliminate Spam from our servers, Clover Leaf Concepts, Inc. does not guarantee
any and all e-mail accounts you or your family use will be 100% free of Spam.
Clover Leaf Concepts, Inc. shall not be held liable or responsible for Spam
e-mail that may find it's way to yours or your childs Inbox. Additionally, Clover Leaf Concepts,
Inc. shall not be held responsible or liable for any and all content or offers
contained in any Spam you or your family may receive. Clover Leaf Concepts, Inc.
will further not be held liable or responsible for any and all content or offers
found on any web site related to any Spam you may receive.
Although every effort is made to
remove any and all e-mails and their attachments that may contain viruses,
Clover Leaf Concepts, Inc. does not guarantee that any and all e-mail you or
your family receives will be 100% free of viruses. CLOVER LEAF CONCEPTS, INC. shall
not be held liable or responsible for any damage, loss of data, or any other
related problems associated with any virus you or your family receive or your
computer contracts. You further agree that every effort will be taken on your
part to detect and remove any viruses you or your family receive from e-mail or
other outside source. This shall includes but not be limited to installing a
commercially available virus scanner.
NO UNLAWFUL OR PROHIBITED USE
As a condition of your use of the Clover Leaf Concepts, Inc. Sites/Services, you
will not use the Clover Leaf Concepts, Inc. Sites/Services for any purpose that
is unlawful or prohibited by these terms, conditions, and notices. You may not
use the Clover Leaf Concepts, Inc. Sites/Services in any manner that could
damage, disable, overburden, or impair any Clover Leaf Concepts, Inc. Site/Service(s)
(or the network(s) connected to any Clover Leaf Concepts, Inc. Site/Service(s))
or interfere with any other party's use and enjoyment of any Clover Leaf
Concepts, Inc. Site/Service(s). You may not attempt to gain unauthorized access
to any Clover Leaf Concepts, Inc. Site/Service, other accounts, computer systems
or networks connected to any Clover Leaf Concepts, Inc. Site/Service, through
hacking, password mining or any other means. You may not obtain or attempt to
obtain any materials or information through any means not intentionally made
available through the Clover Leaf Concepts, Inc. Sites/Services.
USE OF SERVICES
The Clover Leaf Concepts, Inc. Sites/Services may contain e-mail services,
bulletin board services, personal web pages, photo albums or communication
facilities designed to enable you to communicate with others (collectively,
"Communication Services"). You agree to use the Communication Services
only to post, send and receive messages and material that are proper and, when
applicable, related to the particular Communication Service. By way of example,
and not as a limitation, you agree that when using a Communication Service, you
Use the Communication Service in connection with surveys, contests, pyramid
schemes, chain letters, junk email, spamming or any duplicative or unsolicited
messages (commercial or otherwise). Defame, abuse, harass, stalk, threaten or
otherwise violate the legal rights (such as rights of privacy and publicity) of
others. Publish, post, upload, distribute or disseminate any inappropriate,
profane, defamatory, obscene, indecent or unlawful topic, name, material or
information. Publish, post, upload, distribute or disseminate any topic, name,
material or information that incites discrimination, hate or violence towards
one person or a group because of their belonging to a race, a religion or a
nation, or that insults the victims of crimes against humanity by contesting the
existence of those crimes. Upload, or otherwise make available, files that
contain images, photographs, software or other material protected by
intellectual property laws, including, by way of example, and not as limitation,
copyright or trademark laws (or by rights of privacy or publicity) unless you
own or control the rights thereto or have received all necessary consents to do
Use any material or information, including images or photographs, which is made
available through the Clover Leaf Concepts, Inc. Sites/Services in any manner
that infringes any copyright, trademark, patent, trade secret, or other
proprietary right of any party.
Upload files that contain viruses, Trojan horses, worms, time bombs, cancelbots,
corrupted files, or any other similar software or programs that may damage the
operation of another's computer or property of another. Use of meta tag searches
on the web sites. Advertise or offer to sell or buy any goods or services for
any business purpose, unless such Communication Service specifically allows such
messages. Download any file posted by another user of a Communication Service
that you know, or reasonably should know, cannot be legally distributed in such
manner. Falsify or delete any author attributions, legal or other proper notices
or proprietary designations or labels of the origin or source of software or
other material contained in a file that is uploaded. Restrict or inhibit any
other user from using and enjoying the Communication Services. Violate any code
of conduct or other guidelines which may be applicable for any particular
Communication Service. Harvest or otherwise collect information about others,
including e-mail addresses. Violate any applicable laws or regulations. Create a
false identity for the purpose of misleading others. Use, download or otherwise
copy, or provide (whether or not for a fee) to a person or entity any directory
of users of an Clover Leaf Concepts, Inc. Site/Service(s) or other user or usage
information or any portion thereof. Clover Leaf Concepts, Inc. has no obligation
to monitor the Communication Services. However, Clover Leaf Concepts, Inc.
reserves the right to review materials posted to a Communication Service and to
remove any materials at its sole discretion. Clover Leaf Concepts, Inc. reserves
the right to terminate your access to any or all of the Communication Services
at any time, without notice, for any reason whatsoever.
Clover Leaf Concepts, Inc. reserves the right at all times to disclose any
information as Clover Leaf Concepts, Inc. deems necessary to satisfy any
applicable law, regulation, legal process or governmental request, or to edit,
refuse to post or to remove any information or materials, in whole or in part,
in Clover Leaf Concepts, Inc.'s sole discretion.
Always use caution when giving out any personally identifiable information about
yourself or your children in any Communication Service. Clover Leaf Concepts,
Inc. does not control or endorse the content, messages or information found in
any Communication Service and, therefore, Clover Leaf Concepts, Inc.
specifically disclaims any liability with regard to the Communication Services
and any actions resulting from your participation in any Communication Service.
LINKS TO THIRD PARTY SITES
The Clover Leaf Concepts, Inc. Sites/Services may contain images of and links to
third party Web sites ("Linked Sites"). The Linked Sites are not under
the control of Clover Leaf Concepts, Inc. and Clover Leaf Concepts, Inc. is not
responsible for the contents of any Linked Site, including without limitation
any link contained in a Linked Site, or any changes or updates to a Linked Site.
Clover Leaf Concepts, Inc. is not responsible for webcasting or any other form
of transmission received from any Linked Site nor is Clover Leaf Concepts, Inc.
responsible if the Linked Site is not working appropriately. Clover Leaf
Concepts, Inc. is providing these links to you only as a convenience, and the
inclusion of any link does not imply endorsement by Clover Leaf Concepts, Inc.
of the site or any association with its operators. You are responsible for
THE INFORMATION, SOFTWARE, PRODUCTS, AND SERVICES INCLUDED IN OR AVAILABLE
THROUGH THE Clover Leaf Concepts, Inc. Sites/Services MAY INCLUDE INACCURACIES
OR TYPOGRAPHICAL ERRORS. CHANGES ARE PERIODICALLY MADE TO THE Clover Leaf
Concepts, Inc. Sites/Services AND TO THE INFORMATION THEREIN. Clover Leaf
Concepts, Inc. AND/OR ITS RESPECTIVE SUPPLIERS MAY MAKE IMPROVEMENTS AND/OR
CHANGES IN THE Clover Leaf Concepts, Inc. Sites/Services AT ANY TIME. ADVICE
RECEIVED VIA THE Clover Leaf Concepts, Inc. Sites/Services SHOULD NOT BE RELIED
UPON FOR PERSONAL, MEDICAL, LEGAL OR FINANCIAL DECISIONS AND YOU SHOULD CONSULT
AN APPROPRIATE PROFESSIONAL FOR SPECIFIC ADVICE TAILORED TO YOUR SITUATION.
Clover Leaf Concepts, Inc. AND/OR ITS RESPECTIVE SUPPLIERS MAKE NO
REPRESENTATIONS ABOUT THE SUITABILITY, RELIABILITY, AVAILABILITY, TIMELINESS,
LACK OF VIRUSES OR OTHER HARMFUL COMPONENTS AND ACCURACY OF THE INFORMATION,
SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS CONTAINED WITHIN THE Clover
Leaf Concepts, Inc. Sites/Services FOR ANY PURPOSE. ALL SUCH INFORMATION,
SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS ARE PROVIDED "AS IS"
WITHOUT WARRANTY OF ANY KIND. Clover Leaf Concepts, Inc. AND/OR ITS RESPECTIVE
SUPPLIERS HEREBY DISCLAIM ALL WARRANTIES AND CONDITIONS WITH REGARD TO THIS
INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS, INCLUDING ALL
IMPLIED WARRANTIES AND CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR
PURPOSE, WORKMANLIKE EFFORT, TITLE AND NON-INFRINGEMENT.
YOU SPECIFICALLY AGREE THAT Clover Leaf Concepts, Inc. SHALL NOT BE RESPONSIBLE
FOR UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA, ANY
MATERIAL OR DATA SENT OR RECEIVED OR NOT SENT OR RECEIVED, OR ANY TRANSACTIONS
ENTERED INTO THROUGH AN Clover Leaf Concepts, Inc. SITE/SERVICE. YOU
SPECIFICALLY AGREE THAT CLOVER LEAF CONCEPTS, INC. IS NOT RESPONSIBLE OR LIABLE FOR
ANY THREATENING, DEFAMATORY, OBSCENE, OFFENSIVE OR ILLEGAL CONTENT OR CONDUCT OF
ANY OTHER PARTY OR ANY INFRINGEMENT OF ANOTHER'S RIGHTS, INCLUDING INTELLECTUAL
PROPERTY RIGHTS. YOU SPECIFICALLY AGREE THAT Clover Leaf Concepts, Inc. IS NOT
RESPONSIBLE FOR ANY CONTENT SENT USING AND/OR INCLUDED IN AN Clover Leaf
Concepts, Inc. SITE/SERVICE BY ANY THIRD PARTY.
IN NO EVENT SHALL Clover Leaf Concepts, Inc. AND/OR ITS SUPPLIERS BE LIABLE FOR
ANY DIRECT, INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, CONSEQUENTIAL DAMAGES OR
ANY DAMAGES WHATSOEVER INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF USE,
DATA OR PROFITS, ARISING OUT OF OR IN ANY WAY CONNECTED WITH THE USE OR
PERFORMANCE OF THE Clover Leaf Concepts, Inc. Sites/Services, WITH THE DELAY OR
INABILITY TO USE THE Clover Leaf Concepts, Inc. Sites/Services OR RELATED
SERVICES, THE PROVISION OF OR FAILURE TO PROVIDE SERVICES, OR FOR ANY
INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS OBTAINED THROUGH
THE Clover Leaf Concepts, Inc. Sites/Services, OR OTHERWISE ARISING OUT OF THE
USE OF THE Clover Leaf Concepts, Inc. Sites/Services, WHETHER BASED ON CONTRACT,
TORT, NEGLIGENCE, STRICT LIABILITY OR OTHERWISE, EVEN IF Clover Leaf Concepts,
Inc. OR ANY OF ITS SUPPLIERS HAS BEEN ADVISED OF THE POSSIBILITY OF DAMAGES.
BECAUSE SOME STATES/JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF
LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, THE ABOVE LIMITATION MAY NOT
APPLY TO YOU. IF YOU ARE DISSATISFIED WITH ANY PORTION OF THE Clover Leaf
EXCLUSIVE REMEDY IS TO DISCONTINUE USING THE Clover Leaf Concepts, Inc.
STORAGE SPACE AND OTHER LIMITATIONS
You agree that Clover Leaf Concepts, Inc. may establish limits concerning use of
any kidsafemail.com Service offered on any Clover Leaf Concepts, Inc. Web Site,
including without limitation the maximum number of e-mail messages that may be
sent from or received by an account on any kidsafemail.com Service, the maximum
size of an e-mail message that may be sent from or received by an account on any
kidsafemail.com Service, the maximum disk space that will be allotted on Clover
Leaf Concepts, Inc.'s servers on your behalf either cumulatively or for any
particular service, such as for storing digital photographs, and the maximum
number of times and duration you may access any kidsafemail.com Service in a
given period of time.
You agree that Clover Leaf Concepts, Inc. has no responsibility or liability for
the deletion, corruption or failure to store any messages or other content
maintained or transmitted by any Clover Leaf Concepts, Inc. owned Service. You
acknowledge that the features, parameters (for example, the amount of storage
available to users) or existence of any Clover Leaf Concepts, Inc. Service may
change at any time.
Clover Leaf Concepts, Inc. MAKES NO WARRANTY THAT ANY Clover Leaf Concepts, Inc.
Service WILL BE UNINTERRUPTED, TIMELY, SECURE OR ERROR-FREE.
Clover Leaf Concepts, Inc. reserves the right, in its sole discretion, to
terminate your access to any or all Clover Leaf Concepts, Inc. Sites/Services
and the related services or any portion thereof at any time, without notice.
Clover Leaf Concepts, Inc. shall have no obligation to maintain any content or
to forward any unread or unsent messages to you or any third party.
NO SPAM; DAMAGES
Clover Leaf Concepts, Inc. may immediately terminate any account which it
determines, in its sole discretion, is transmitting or is otherwise connected
with any 'spam' or other unsolicited bulk email. In addition, because damages
are often difficult to quantify, if actual damages cannot be reasonably
calculated then you agree to pay Clover Leaf Concepts, Inc. liquidated damages
of five dollars (US$5.00) for each piece of 'spam' or unsolicited bulk email
transmitted from or otherwise connected with your account. Otherwise you agree
to pay Clover Leaf Concepts, Inc.'s actual damages, to the extent such actual
damages can be reasonably calculated. You agree that Clover Leaf Concepts, Inc.
may charge such damages to your selected Payment Method, as set forth in the
Clover Leaf Concepts, Inc. Billing section, below.
Claims for enforcement, breach or violation of duties or rights under this
agreement shall be adjudicated under the laws of the State of Washington,
without reference to conflict of laws principles. All other claims, including
without limitation claims under or for violation of state consumer protection
laws, unfair competition laws, and in tort, shall be adjudicated under the law
of your state of residence. You hereby irrevocably consent to the exclusive
jurisdiction and venue of courts in King County, Washington, U.S.A. in all
disputes arising out of or relating to the use of the Clover Leaf Concepts, Inc.
Sites/Services. You agree that no joint venture, partnership, employment, or
agency relationship exists between you and Clover Leaf Concepts, Inc. as a
result of this agreement or use of the Clover Leaf Concepts, Inc.
Sites/Services. You agree to indemnify and hold Clover Leaf Concepts, Inc., its
parents, subsidiaries, affiliates, officers and employees, harmless from any
claim, demand, or damage, including reasonable attorneys' fees, asserted by any
third party due to or arising out of your use of or conduct on the Clover Leaf
Concepts, Inc. Sites/Services. Clover Leaf Concepts, Inc. reserves the right to
disclose any personal information about you or your use of the Clover Leaf
Concepts, Inc. Sites/Services, including its contents, without your prior
permission if Clover Leaf Concepts, Inc. has a good faith belief that such
action is necessary to: (1) conform to legal requirements or comply with legal
process; (2) protect and defend the rights or property of Clover Leaf Concepts,
Inc. or its affiliated companies; (3) enforce the terms or use; or (4) act to
protect the interests of its members or others. Clover Leaf Concepts, Inc.'s
performance of this agreement is subject to existing laws and legal process, and
nothing contained in this agreement is in derogation of Clover Leaf Concepts,
Inc.'s right to comply with governmental, court and law enforcement requests or
requirements relating to your use of the Clover Leaf Concepts, Inc.
Sites/Services or information provided to or gathered by Clover Leaf Concepts,
Inc. with respect to such use. If any part of this agreement is determined to be
invalid or unenforceable pursuant to applicable law including, but not limited
to, the warranty disclaimers and liability limitations set forth above, then the
invalid or unenforceable provision will be deemed superseded by a valid,
enforceable provision that most closely matches the intent of the original
provision and the remainder of the agreement shall continue in effect. Unless
otherwise specified herein, this agreement constitutes the entire agreement
between the user and Clover Leaf Concepts, Inc. with respect to the Clover Leaf
Concepts, Inc. Sites/Services and it supersedes all prior or contemporaneous
communications and proposals, whether electronic, oral or written, between the
user and Clover Leaf Concepts, Inc. with respect to the Clover Leaf Concepts,
Inc. Sites/Services. A printed version of this agreement and of any notice given
in electronic form shall be admissible in judicial or administrative proceedings
based upon or relating to this agreement to the same extent and subject to the
same conditions as other business documents and records originally generated and
maintained in printed form.
COPYRIGHT AND TRADEMARK NOTICES:
All contents of the kidsafemail.com Web Site are: Copyright (c) 2007 Clover Leaf
Concepts, Inc. and/or its suppliers, All rights reserved.
KID SAFE MAIL is a trademark of Clover
Leaf Concepts, Inc. and may not be used in any way without signed written
permission from a Clover Leaf Concepts, Inc. officer.
Any rights not expressly granted herein are reserved.
NOTICES AND PROCEDURE FOR MAKING CLAIMS OF COPYRIGHT INFRINGEMENT
Pursuant to Title 17, United States Code, Section 512(c)(2), notifications of
claimed copyright infringement should be sent to Service Provider's Designated
Agent. ALL INQUIRIES NOT RELEVANT TO THE FOLLOWING PROCEDURE WILL RECEIVE NO
RESPONSE. See Notice and Procedure for Making Claims of Copyright Infringement.
Some contents and/or services on kidsafemail.com may be offered to you
conditioned on your purchase of a subscription. If you elect to purchase
subscription-based content/services and transmit to Clover Leaf Concepts, Inc. a
subscription purchase request, you warrant that all information that you submit
is true and accurate (including without limitation your credit card number and
expiration date), and you agree to pay all subscription fees you incur plus all
applicable taxes. You may cancel your subscription to any fee-based content
and/or services by contacting Paypal Customer Support. If you have purchased a yearly
automatically renewing subscription, you will not be charged the monthly
subscription fee thereafter (but there are no refunds of subscription fees
previously paid). No cancellation of access to free content and/or services or
to non-renewing subscriptions is required. Your subscription is personal to you
and the members of your household, and you may not transfer or make available
your account name and password to others, including without limitation your
co-workers. Any distribution by you of your account name and password may result
in cancellation of your subscription without refund and additional charges based
on unauthorized use.
CONSUMER DISCLOSURES AND CONSENTS FOR
Disclosure to Receive All Information in Electronic Form
ALL INFORMATION THAT Clover Leaf Concepts, Inc. IS REQUIRED BY LAW TO SEND TO
YOU REGARDING THE SUBSCRIPTIONS, SERVICES AND OTHER ITEMS PROVIDED TO YOU UNDER
THIS AGREEMENT, INCLUDING ANY BILLING AND PAYMENT INFORMATION (COLLECTIVELY
REFERRED TO AS "REQUIRED INFORMATION"), AND ANY OTHER INFORMATION
PROVIDED TO YOU FROM Clover Leaf Concepts, Inc., WILL BE PROVIDED TO YOU IN
ELECTRONIC FORM ONLY. Clover Leaf Concepts, Inc. WILL PROVIDE ALL REQUIRED
INFORMATION TO YOU IN ELECTRONIC FORM EITHER: (1) VIA E-MAIL AT THE E-MAIL
ADDRESS YOU SPECIFY DURING YOUR SIGN-UP FOR SUBSCRIPTIONS, SERVICES OR OTHER
ITEMS UNDER THIS AGREEMENT; (2) BY ACCESS TO A Clover Leaf Concepts, Inc. Web
Site THAT WILL BE DESIGNATED IN AN E-MAIL NOTICE SENT TO YOU AT THE TIME THE
INFORMATION IS AVAILABLE; OR, (3) TO THE EXTENT PERMISSIBLE BY LAW, BY ACCESS TO
A Clover Leaf Concepts, Inc. Web Site THAT WILL BE GENERALLY DESIGNATED IN
ADVANCE FOR SUCH PURPOSE.
Requesting Paper Copies
You may request a paper copy of any Required Information previously provided to
you in electronic form by Clover Leaf Concepts, Inc. for a period of one hundred
and twenty (120) calendar days from the date that Clover Leaf Concepts, Inc.
first provided the Required Information to you; however, Clover Leaf Concepts,
Inc. may charge a reasonable fee for providing such paper copies. You may
request paper copies by following the instructions at https://www.Paypal.com.
Hardware and Software Requirements
In order to receive Required Information electronically from Clover Leaf
Concepts, Inc., you must have an e-mail address and submit it to Clover Leaf
Concepts, Inc. upon sign-up for any subscription, service or other item provided
under this Agreement. Your computer also must have either Internet Explorer 5.x
(or above) or Netscape Navigator 4.x (or above) and an e-mail software program
capable of sending and receiving e-mail from Clover Leaf Concepts, Inc. via the
Internet. Finally, your computer must be capable of receiving, accessing,
displaying, and either printing or storing, Required Information received in
electronic form from Clover Leaf Concepts, Inc. via a plain text-formatted
e-mail or by access to a Clover Leaf Concepts, Inc. Web Site using one of the
browsers specified above.
Consent to Receive All Information in Electronic Form
YOU AGREE THAT BY ACCEPTING THE TERMS IN THIS AGREEMENT, YOU CONSENT TO RECEIVE
REQUIRED INFORMATION, AND ANY OTHER INFORMATION PROVIDED TO YOU FROM Clover Leaf
Concepts, Inc., SOLELY BY ELECTRONIC COMMUNICATION. YOU ALSO CONFIRM THAT YOUR
COMPUTER SATISFIES THE HARDWARE AND SOFTWARE REQUIREMENTS STATED ABOVE FOR
RECEIVING, ACCESSING, DISPLAYING, PRINTING, AND STORING COPIES OF SUCH REQUIRED
INFORMATION, AND YOU CONFIRM THAT YOU HAVE PROVIDED Clover Leaf Concepts, Inc. A
CURRENT E-MAIL ADDRESS FOR RECEIVING REQUIRED INFORMATION.
Clover Leaf Concepts, Inc. BILLING
Charges on your Account
Clover Leaf Concepts, Inc. bills you through an online account (your
"Account") for services and items obtained under this Agreement (the
"Products"). You agree to pay Clover Leaf Concepts, Inc. all charges
at the prices then in effect for any Products ordered by you or other persons
(including your agents) using your Account, and you authorize Clover Leaf
Concepts, Inc. to charge your chosen payment method (your "Payment
Method") for such Products. You agree to make payment using that selected
Payment Method. Charges on your Account will be summarized for you online (your
"Online Statement") at https://www.Paypal.com. You will have one
Online Statement per Account. Clover Leaf Concepts, Inc. reserves the right to
correct any errors or mistakes that it makes even if it has already requested or
YOU MUST PROVIDE CURRENT, COMPLETE AND ACCURATE INFORMATION FOR YOUR ACCOUNT IN
ORDER TO RECEIVE THE PRODUCTS ORDERED. YOU MUST PROMPTLY UPDATE ALL INFORMATION
TO KEEP YOUR ACCOUNT CURRENT, COMPLETE AND ACCURATE (SUCH AS A CHANGE IN BILLING
ADDRESS, CREDIT CARD NUMBER, OR CREDIT CARD EXPIRATION DATE), AND YOU MUST
PROMPTLY NOTIFY Clover Leaf Concepts, Inc. IF YOUR PAYMENT METHOD IS CANCELED
(E.G., FOR LOSS OR THEFT) OR IF YOU BECOME AWARE OF A POTENTIAL BREACH OF
SECURITY, SUCH AS THE UNAUTHORIZED DISCLOSURE OR USE OF YOUR USER NAME OR
PASSWORD. CHANGES TO SUCH INFORMATION CAN BE MADE AT HTTPS://WWW.PAYPAL.COM. IF
YOU FAIL TO PROVIDE Clover Leaf Concepts, Inc. ANY OF THE FOREGOING INFORMATION,
YOU AGREE THAT Clover Leaf Concepts, Inc. MAY CONTINUE CHARGING YOU FOR ANY
PRODUCT PROVIDED UNDER YOUR ACCOUNT UNLESS YOU HAVE TERMINATED YOUR SUBSCRIPTION
FOR SUCH PRODUCT (CONFIRMED IN WRITING UPON REQUEST).
Currency exchange settlements will be based on your Payment Method and may be
determined by agreements between you and the financial institution, credit card
issuer or other provider of your chosen Payment Method (the "Payment Method
Provider"). If Clover Leaf Concepts, Inc. does not receive payment from
your Payment Method Provider, you agree to pay all amounts due on your Account
Prices for all Products exclude all applicable taxes and telecommunication
charges, unless expressly stated otherwise.. To the extent permissible by law,
you agree to be responsible for any applicable taxes and telecommunication
charges, whether or not such amounts are itemized on your Online Statement or
charged to your Account or Payment Method.
Clover Leaf Concepts, Inc. MAY SUBMIT PERIODIC CHARGES (E.G., MONTHLY) WITHOUT
FURTHER AUTHORIZATION FROM YOU, UNTIL YOU PROVIDE PRIOR NOTICE (CONFIRMED IN
WRITING UPON REQUEST) THAT YOU HAVE TERMINATED THIS AUTHORIZATION OR WISH TO
CHANGE YOUR PAYMENT METHOD. SUCH NOTICE WILL NOT AFFECT CHARGES SUBMITTED BEFORE
Clover Leaf Concepts, Inc. REASONABLY COULD ACT. TO TERMINATE YOUR AUTHORIZATION
OR CHANGE YOUR PAYMENT METHOD, GO TO HTTPS://WWW.PAYPAL.COM.
Your non-termination or continued use of the Products on your Account reaffirms
that Clover Leaf Concepts, Inc. is authorized to charge your Payment Method.
Clover Leaf Concepts, Inc. may submit those charges for payment and you will be
responsible for such charges. Those submissions will not waive Clover Leaf
Concepts, Inc.'s right to seek payment directly from you. Your charges may be
payable in advance, in arrears, per usage, or as otherwise described when you
initially ordered the applicable Product.
Subject to any withdrawal right you may have under applicable law, charges are
non-refundable unless the price plan terms expressly say otherwise. Except as
otherwise required by law, the costs of any returns if permitted will be at your
Your Online Statement will be available monthly after you log-in at https://www.Paypal.com.
Subject to applicable law, you agree that the Online Statement is the only
statement of your Account that Clover Leaf Concepts, Inc. needs to provide to
you. YOU ALSO AGREE THAT IT IS YOUR RESPONSIBILITY TO PRINT OR STORE A COPY OF
YOUR ONLINE STATEMENT AND TO RETAIN THIS COPY FOR YOUR RECORDS. While you may
request a paper copy of your Online Statement, you will be charged a retrieval
fee. To request a paper copy of your Online Statement, go to https://www.Paypal.com.
Paper copies of your Online Statement will only be provided for 120 days from
the date of the Online Statement.
Clover Leaf Concepts, Inc. will use commercially reasonable efforts to correct
any technical failures relating to an Online Statement within a reasonable time;
however, your inability to view an Online Statement does not extend, or relieve
you of, your obligation to pay any amounts owing to Clover Leaf Concepts, Inc..
Unless you notify Clover Leaf Concepts, Inc. of any error within 120 days after
it first appears in any Online Statement, such statement will be deemed accepted
by you for all purposes, including resolution of inquiries made by your Payment
Method Provider. TO THE EXTENT ALLOWED BY LAW, YOU RELEASE Clover Leaf Concepts,
Inc. FROM ANY AND ALL LIABILITY AND CLAIMS OF LOSS RESULTING FROM ANY ERROR THAT
IS NOT REPORTED TO Clover Leaf Concepts, Inc. WITHIN 120 DAYS AFTER THE ERROR
FIRST APPEARS ON YOUR ONLINE STATEMENT.
If Clover Leaf Concepts, Inc. does not receive payment for any charge to your
Account, you will be in default and Clover Leaf Concepts, Inc. may suspend or
cancel your Account and your access to any or all Clover Leaf Concepts, Inc.
Products. If your Payment Method Provider seeks return of payments previously
made to Clover Leaf Concepts, Inc., but Clover Leaf Concepts, Inc. in good faith
believes that you are liable for the charge and applicable law allows the
Payment Method Provider to seek payment from you, you will also be in default
and Clover Leaf Concepts, Inc. may cancel your Account and your access to any or
all Products. CANCELLATION OR SUSPENSION FOR DEFAULT MAY BE MADE WITHOUT PRIOR
NOTICE TO YOU AND UPON SUCH CANCELLATION OR SUSPENSION, Clover Leaf Concepts,
Inc. MAY STOP DELIVERY OF ANY PRODUCT, AND ANY INFORMATION YOU HAVE STORED ON A
kidsafemail.com Service MAY NOT BE RETRIEVED AT A LATER DATE.
Termination, Cancellation or Suspension
Clover Leaf Concepts, Inc. may, in its discretion, terminate, cancel, or suspend
an accepted order if Clover Leaf Concepts, Inc. is notified that your Payment
Method has expired or has been canceled, or if Clover Leaf Concepts, Inc. has
reason to believe that any Account information provided to Clover Leaf Concepts,
Inc. is untrue, inaccurate, not current or incomplete. Termination, cancellation
or suspension, whether by you or Clover Leaf Concepts, Inc., will not alter your
obligation to pay all charges made to your Account before such termination,
cancellation or suspension (including charges made after termination by you but
before Clover Leaf Concepts, Inc. could reasonably act on your termination
notice ). You will not be entitled to any refunds upon termination, cancellation
or suspension unless the applicable agreement expressly so provides.
You represent and warrant that: (1) you are at least 18 years of age or the age
required or allowed under applicable law for making a legal and binding
contract; (2) all information that you submit is true and accurate (including
without limitation information relating to your Payment Method); and (3) you are
an individual (or in the case of an entity, an agent of the entity) authorized
to use the designated Payment Method. You agree to pay for all charges
(including charges by other persons) and to comply with your responsibilities
and obligations as stated in this Agreement. If you are an agent of an entity
user, you represent and warrant that you are duly authorized to legally bind the
entity to all terms and conditions of this Agreement and that you have made the
entity aware of them. You agree not to assign, transfer or sublicense any rights
in your Account. Clover Leaf Concepts, Inc. may: (1) generate print copies of
its electronic records and introduce them in evidence as original documents; and
(2) prove your agreement or consent in any manner, including without limitation,
by showing that a procedure existed by which you must have provided consent or
engaged in conduct to obtain the applicable Products.
I DON'T AGREE
Kid Safe Mail®
kids email service is a division of Clover Leaf Concepts, Inc.
Leaf Concepts, Inc. All rights reserved.
Kid Safe Mail® is a registered trademark of Clover Leaf Concepts, Inc.Other designated trademarks are the property of their respective owners.