Welcome to the Clooster Inc, Web Site ("Site")
By using this Site you agree to comply with and be bound by this Terms of Use
Agreement ("Agreement"). Therefore, please review the Agreement
carefully. If you do not agree with the Agreement, do not use this Site.
Acceptance
By using this Site, you agree to the terms and conditions of this Agreement,
which constitutes the entire agreement between you and Clooster, Inc. This
Agreement supersedes all prior and contemporaneous agreements, representations,
warranties, and understandings, whether oral or written, with respect to the
Site, the Site contents, and any services provided on the Site. In the event of
any conflict between the Agreement and any other agreement or understanding
related to the Site, this Agreement shall control.
Amendments
Clooster, Inc may be amended this Agreement, from time to time and your only
notice of such amendment shall be the posting of the amended Agreement on this
Site. You are therefore advised to review the Agreement each time you visit the
Site.
Limited Right to Use
The Site and the contents herein are the intellectual property of Clooster, Inc
and its licensors and are protected by applicable copyright, trademark, and
proprietary rights. Viewing, printing, or downloading of any content, graphic,
form, or document from this Site grants you only a limited nonexclusive license
for your personal use and does not authorize republication, distribution,
assignment, sublicense, sale, or preparation of derivative works unless you
have received Clooster, Inc express written permission for such use. No part of
any content, form, or document may be reproduced in any form or incorporated
into any information retrieval system, electronic or mechanical, other than for
your personal, not-for-profit use. You may link to this Site, but such linking
must be restricted to the Clooster, Inc home page only. In order to protect our
intellectual property, Clooster, Inc does not permit deep linking. All rights
not expressly granted herein are reserved by Clooster, Inc.
Links to Third Party Web Sites
Clooster, Inc may provide links from the Site to third party web sites and also
may permit third parties ("Other Sites") to link to Site. Content on
Other Sites is not under Clooster, Inc’s control and Clooster, Inc is not
responsible for such content. If Clooster, Inc provides a link to the Other
Site, it is provided only as a convenience to you and should not be implied as
an endorsement of another company, web site, or product. Links into the Site
from the Other Site, especially those links giving you unrestricted access to
Clooster, Inc should not be implied either as a permitted link or an
endorsement of another company, web site, or product.
Privacy Statement
Please review the Clooster, Inc Privacy
Statement. By using this Site, you agree that Clooster, Inc’s privacy
statement is part of the Agreement and may be updated from time to time without
specific notice to you.
Feedback and Unsolicited Submissions
Unless you agree to the following terms, Clooster, Inc asks that you not send
us feedback and unsolicited submissions such as, but not limited to, ideas for
improving the Site, marketing Clooster, Inc and its products, and enhancing
Clooster, Inc product performance ("Submissions"). In the event that
you send us Submissions your Submissions shall automatically become the
property of Clooster, Inc. Except for those portions of Submissions containing
personal information restricted by our Privacy Policy, Clooster, Inc shall have
the right to use the Submissions in any manner at its sole discretion.
Clooster, Inc shall not be required to compensate you for the Submissions.
Licenses
You agree not to download any software from this Site until you read and accept
the terms and conditions of the End User License
Agreement. You agree that downloading or installing products from the
Clooster Inc you bound any end user licenses accompanying the purchased
product.
Disclaimer
THE INFORMATION ON THIS SITE IS PROVIDED "AS IS" AND ALL WARRANTIES,
EXPRESS OR IMPLIED, ARE DISCLAIMED (INCLUDING BUT NOT LIMITED TO THE DISCLAIMER
OF ANY IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE).
Limitation of Liability
IN NO EVENT WILL CLOOSTER, INC BE LIABLE TO YOU FOR ANY INDIRECT, SPECIAL,
INCIDENTAL, OR CONSEQUENTIAL DAMAGES, INCLUDING ANY LOST PROFITS, LOST DATA, OR
LOST SAVINGS, WHETHER BASED ON BREACH OF CONTRACT, BREACH OF WARRANTY, TORT,
PRODUCT LIABILITY, OR ANY OTHER LEGAL THEORY EVEN IF CLOOSTER, INC HAS BEEN
ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. (Some states do not allow the
exclusion or limitation of special, incidental, or consequential damages, so
the above exclusion or limitation may not apply to you.)
Governing Law
By using this Site, you agree that this Agreement shall be governed by and
construed in accordance with the laws of the State of California, United States
of America, without regards to its conflict of law rules. By using this Site,
you also agree that all litigation arising out of or in connection with this
Agreement shall be brought in the state courts of Alameda County, State of
California, United States of America, or, for matters involving federal
jurisdiction, in the United States District Court for the Northern District of
California.