Klean13.com Terms of Use Agreement

Klean13.com, along with its associated website (“Website”), is owned and operated by Send13, LLC. KLEAN13 provides email list hygiene services to ensure increased inbox placement, better conversion rates, and better email delivery (“Services”). KLEAN13 makes these Services available through its Website, as defined below, subject to these terms and conditions (“Agreement”). Please take the time to review this Agreement in full as it controls and governs your relationship with KLEAN13 and your use of the Website and Services,.

BY USING THE WEBSITE OR SERVICES, YOU AGREE AND MANIFEST YOUR ASSENT TO BE BOUND BY THE TERMS OF THIS AGREEMENT AND YOU ARE REQUIRED TO READ ALL SECTIONS OF THIS AGREEMENT. IF YOU DO NOT WISH TO BE BOUND BY THE TERMS OF THIS AGREEMENT, YOU MUST IMMEDIATELY DISCONTINUE YOUR USE OF THE WEBSITE AND DELETE ANY ACCOUNT THAT YOU MAY HAVE CREATED WITH THE WEBSITE. KLEAN13 RESERVES THE RIGHT TO AMEND, MODIFY, REPLACE, OR SUSPEND THESE TERMS AT ANY TIME WITHOUT PRIOR NOTICE. YOUR CONTINUED USE OF THE WEBSITE OR SERVICES AFTER KLEAN13 AMENDS, MODIFIES, OR REPLACES THESE TERMS CONSTITUTES YOUR MANIFESTATION OF ASSENT TO THE AMENDED, MODIFIED, OR REPLACED TERMS. IF YOU ARE UNDER THE AGE OF EIGHTEEN (18) OR THE AGE OF MAJORITY IN YOUR JURISDICTION, YOU ARE EXPRESSLY PROHIBITED FROM USING THIS WEBSITE.

  1. User Warranties

You warrant that you are age eighteen (18) or over, or that you are of the age of majority within your jurisdiction. You further warrant that you are of sound mind, have the capacity to contract, and are competent to agree to be bound by and comply with the terms of this Agreement. You warrant that your use of the Website and Services does not violate any law, regulation, ordinance, statute, or treaty that is applicable to individuals located in the jurisdiction in which you live. You warrant that you are not prohibited from entering into this Agreement by the terms of any preexisting Agreement. If you are accessing the Website and Services on behalf of a governmental organization, non-governmental organization, or business entity, you warrant that you are an authorized agent that has the authority to and can bind said governmental organization, non-governmental organization, or business entity to the terms of this Agreement.

  1. Privacy Policy

KLEAN13 hereby incorporates its Privacy Policy as if fully restated herein.

  1. Ownership of Intellectual Property 

KLEAN13 is the owner of all rights in and to the Website and Services and associated content, including, but not limited to, copyright rights, trademark rights, patent rights, rights of publicity and privacy, trade secret rights, and any other personal or proprietary rights. The Website is subject to copyright and other intellectual property rights, and KLEAN13 provides you with the right to use the Website on a limited basis and subject to the terms of this Agreement. You are expressly prohibited from using the Website for any purposes not stated in this Agreement.

KLEAN13 is the owner of the KLEAN13 mark, which is a registered or common law trademark, design mark, and trade name of KLEAN13. KLEAN13 is also the owner of all rights in and to the visual appearance, shape, color scheme, selection and arrangement, layout, and look and feel of the Website, which constitutes the trade dress of KLEAN13. You are prohibited from using KLEAN13’s trademarks, service marks, design marks, logos, trade dress, or trade names, or any colorable imitation thereof, whether on a website, on a product or service, in a domain name, in pay-per-click advertising, or otherwise, to indicate the source of, sponsorship of, approval of, affiliation with, connection with, or association with your goods or services. All other trademarks, service marks, design marks, logos, trade dress, or trade names displayed on the Website are the property of their respective owners.

KLEAN13 hereby provides you with a limited, non-exclusive, non-assignable, non-sublicensable, revocable license to use the Website and Services for its customary and intended purposes. Use of the Website, Website and Services for a use outside of its customary and intended purposes or in violation of the terms of this Agreement will result in immediate termination of this license. This license is revocable at any time, and any rights not expressly granted herein are reserved to KLEAN13.

You understand and agree that you are not receiving any ownership interest in the Website and Services apart from the licenses granted under the specific terms and conditions of this Agreement.

  1. Overview of the Services and Subscriptions

KLEAN13 provides its users the ability to pay for a subscription to its email hygiene and related Services, subject to the terms and conditions of this Agreement and KLEAN13’s then current Privacy Policy [INSERT LINK] (“Subscription”).

This Subscription is personal in nature and not for commercial use outside of your business. You are prohibited from assigning, subleasing, or otherwise transferring your Account, as defined below, or Subscription outside of your business.

KLEAN13 reserves the right to make changes to its Website and Services from time to time. While KLEAN13 will take commercially reasonable efforts to make all changes with as minimal impact to you as possible, you understand that KLEAN13 retains full discretion to update, change, suspend, terminate, or discontinue the Website and Services for any time without prior notice to you.

While KLEAN13 attempts to provide accurate information related to the available products offered, it does not warrant that product descriptions or any other content on the KLEAN13 website is accurate, complete, reliable, current or error-free. If a product offered is not as described, please reach out to us via our contact page on the website.

  1. Member Accounts and Communication

KLEAN13 requires Members to register an account (“Account”) to sign up for KLEAN13 Subscriptions. Only you, or someone with your permission, may use your Account. You agree that, in registering an Account, you will provide KLEAN13 with accurate, complete, relevant, and current information. You are solely responsible for maintaining the security and confidentiality of your username and password, and for any access to your Account, whether authorized or unauthorized. In the event your Account is accessed without your authorization, you agree to immediately provide notice to KLEAN13. By creating an Account, you agree that KLEAN13 may contact you by any available means, including, but not limited to, email. You understand and agree that you may opt out of future correspondence from KLEAN13 by either clicking the unsubscribe link within the e-mail sent to you by KLEAN13, or by terminating your Account.

  1. Billing, Payment, Subscription and Cancellation 

You agree to pay for the selected Subscription package as described on the Website. Each package includes a certain amount of Kredits that correspond to the size of the email list in need of Klean13’s Services. Advanced payment is required and all pricing is in U.S. Dollars. No refunds are permitted.

KLEAN13 encourages you to maintain a current, unexpired, credit card in our system to maintain continuity of service. You agree to pay your account balance on time and any payment not timely received is payable to KLEAN13 on demand. Failure to complete a timely payment may result in the termination or suspension of your Account or Subscription. Your purchase may be subject to local sales tax and/or other applicable taxes.

  1. Support

Klean13 strives to provide outstanding customer support but cannot specifically guarantee Klean13’s immediate availability at any given time. You understand and agree that while Klean13 will make reasonable efforts to handle your support issues, if any, Klean13 is not making any guarantees or warranties regarding the immediacy of service or support provided.

  1. Restrictions on Use of the Website and Services

You are expressly prohibited from making any use of the Website and Services outside of those uses explicitly stated under the terms of this Agreement. You explicitly agree not to reproduce, prepare derivative works of, distribute, perform publicly, display publicly, scrape, frame, hack, reverse engineer, crawl, or aggregate the Website and Services whether in whole or in part, without the prior written consent of KLEAN13. The following is a non-exhaustive list of prohibited conduct, which shall be determined in KLEAN13’s sole discretion:

  • Imposing a disproportionate load on the Website and Services, or related server infrastructure, or otherwise attempting to interfere with the operation of the Website and Services;
  • Using the Website and Services, or allowing other to do the same, to obtain access to email addresses to send unsolicited emails
  • Circumventing KLEAN13’s technological or security protection mechanisms;
  • Using a robot, spider, scraper, or other automated technology to access the Website and Services;
  • Attempting to gain access to the private data or personal information of a user or the Website and Services or a third party;
  • Harassing a user of the Website and Services; and
  • Use the Website and Services for any unlawful manner.
  1. Your Content

You are responsible for, and own all right and title to, user-generated content used in association with KLEAN13’s Website and Services including, but not limited to, text, photographs, images, comments, videos, audio files, personal data, profile information, name, likeness, advertisements, listings, information, and designs (collectively “User-Generated Content”). You grant KLEAN13 a non-exclusive, irrevocable, royalty-free, worldwide, and perpetual license to use the User-Generated Content for the customary and intended purposes of the Website and Services. You agree to waive all moral rights in and to your User-Generated Content across the world, whether you have or have not asserted moral rights in or to your User-Generated Content. You will maintain an adequate backup on your User-Generated Content and KLEAN13 will not be responsible for any loss of data or your failure to maintain secure backups.

You warrant and represent that your User-Generated Content is correct, up-to-date, and does not violate the terms of this Agreement or KLEAN13’s Privacy Policy. Further, you warrant and represent that you own all right and title to the User-Generated Content.

You will not provide KLEAN13 any “special categories of data” as defined by Article 9 of the General Data Protection Regulation (GDPR) (EU) 2016/679, or any other data related to a personal nature such as social security numbers, passport numbers, driver’s license numbers, or information subject to The Health Insurance Portability and Accountability Act of 1996 (“HIPPA”).

KLEAN13 reserves the right to access, review, collect, and derive non-personal information from your User-Generated Content as a result of your use of the Website and Services in order to continually provide, update, maintain, and improve the Website and Services (“KLEAN13 Data”). KLEAN13 retains all ownership rights in the KLEAN13 Data and you understand and agree you are not entitled to any compensation as a result of KLEAN13’s use of the KLEAN13 Data. 

  1. Copyright Policy

The Website and Services are © 2018 KLEAN13.

If you believe that content on this Website infringes your copyrights, you may provide KLEAN13 a notice of copyright infringement that complies with § 512 of the Digital Millennium Copyright Act.

This notice of copyright infringement must contain the following:

  • The physical or electronic signature of a person authorized to act on behalf of the copyright owner;
  • Identification of the copyrighted work(s) alleged to have been infringed;
  • The location of the copyrighted work(s) on the Website;
  • Your contact information, such as an address, telephone, fax number, or email address;
  • A statement that you have a good faith belief that the use of the allegedly infringing content is not authorized by the copyright owner, its agent, or the law; and
  • A statement, under penalty of perjury, that the information in the notification is accurate and that you are authorized to act on behalf of the copyright owner.

Copyright infringement notices must be emailed to us at: admin@send13.com

  1. Third Party Links

You understand and agree that the Website may contain links to third party websites that are not owned or controlled by KLEAN13. KLEAN13 will not be held liable or responsible for the content of third party websites, and you are advised to review the terms of use agreements and privacy policies of those websites. 

  1. Term and Termination

This Agreement will remain in full force and effect until terminated under the terms of this Agreement. Your termination of your Subscription will not terminate any obligation that you may have to make payment to KLEAN13 for amounts due and owing. KLEAN13 may terminate this Agreement without liability at any time, without notice, and for any reason, including, but not limited to, for your violation of a term or condition of this Agreement.

KLEAN13 also reserves the right to suspend your access to your Account, and the Website and Services without notice based on your breach of this Agreement, including, but not limited to, the failure to timely make required payments.

  1. Disclaimer of Warranties

KLEAN13 PROVIDES THE WEBSITE AND SERVICE ON AN “AS-IS” BASIS AND WITHOUT WARRANTY OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, QUALITY, TITLE, ACCURACY, OR NON-INFRINGEMENT. YOU EXPRESSLY AGREE THAT YOUR USE OF THIS WEBSITE AND SERVICE IS AT YOUR SOLE RISK. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES. IF YOU ARE LOCATED IN SUCH A JURISDICTION, YOU ARE ADVISED TO CONSULT WITH AN ATTORNEY TO UNDERSTAND YOUR RIGHTS UNDER THE LAW.

  1. Limitation of Liability

KLEAN13 WILL NOT BE HELD LIABLE TO YOU OR ANY OTHER PERSON FOR ANY CLAIMS, DAMAGES, JUDGMENTS, LIABILITIES, COSTS, CHARGES, OR FEES, INCLUDING ATTORNEYS’ FEES, WHETHER IN TORT, CONTRACT, PERSONAL INJURY, OR STRICT LIABILITY, INCLUDING, BUT NOT LIMITED TO, INDIRECT DAMAGES, CONSEQUENTIAL DAMAGES, EXEMPLARY DAMAGES, INCIDENTAL DAMAGES, STATUTORY DAMAGES, SPECIAL DAMAGES, OR PUNITIVE DAMAGES, EVEN IF KLEAN13 HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

KLEAN13 DOES NOT AND CANNOT GUARANTEE 100% UPTIME OF THE WEBSITE AND SERVICE AND YOU AGREE KLEAN13 IS NOT RESPONSIBLE FOR ANY DAMAGES WHATSOEVER IN CONNECTION WITH ANY INTERRUPTION OF SERVICES PROVIDED THROUGH THE WEBSITE OR IN CONNECTION WITH ANY INTERRUPTION OF USE OF THE WEBSITE.

  1. Indemnification

You and any other person or entity using the Website and Services agree to hold harmless, indemnify, and defend KLEAN13, its officers, employees, agents, successors, and assigns, from and against any and all claims, demands, losses, damages, rights, and actions of any kind, including, but not limited to, property damage, infringement, personal injury, and death, either directly or indirectly, that arise out of or are related to your use of the Website, Services, including registration or use of an Account, your violation of any term or condition of this Agreement, or your violation of any applicable law, statute, ordinance, regulation, or treaty, whether local, state, national, or international, or your violation of the rights of a third party.

Your obligation to defend KLEAN13 under the terms of this Agreement will not provide you with the right to control KLEAN13’s defense, and KLEAN13 reserves the right to control its defense and choose its counsel regardless of your contractual requirement to defend KLEAN13.

  1. Resolution of Disputes, Governing Law and Limitation of Liability

This Agreement will be governed by and interpreted in accordance with the laws of the State of Florida, without regard to the conflicts of laws rules thereof. You agree that the state or federal courts located in Miami-Dade County, Florida is the sole and exclusive forum for the resolution or litigation of any dispute, claim, or cause of action arising under or related to this Agreement, including its validity, interpretation, breach, violation, or termination. You agree to submit to the exclusive personal jurisdiction of the state and federal courts located in Miami-Dade County, Florida and waive all claims of this forum of being an inconvenient forum. The prevailing party in any action arising under or related to this Agreement shall be entitled to its attorney fees and costs.

You understand and agree that you are explicitly waiving your rights to participate as a class representative or a class member in any class action lawsuit or arbitration proceeding arising out of or in relation to this Agreement. You also explicitly waive any right to assert consolidated claim with respect to any lawsuit or arbitration proceeding that may arise out of or in relation to this Agreement.

KLEAN13’s liability under the terms of this Agreement shall not exceed $1,000 and that KLEAN13 is not subject to liability for any consequential, special, indirect, incidental, punitive, or exemplary damages against KLEAN13.

ALL PARTIES TO THIS AGREEMENT UNDERSTAND AND AGREE THAT ALL DISPUTES ARISING OUT OF OR IN RELATION TO THIS AGREEMENT MUST BE BROUGHT WITHIN ONE (1) YEAR OF THE DATE ON WHICH THE DISPUTE AROSE AND EXPLICITLY WAIVE ANY AND ALL OTHER STATUTE OF LIMITATIONS OR TIME BARS.

  1. Severability

If any provision of this Agreement is found to be invalid or unenforceable for any reason whatsoever, the remaining provisions will remain valid and unimpaired and will continue in full force and effect.

  1. Integration

This Agreement, and its incorporated Privacy Policy, constitutes the entire agreement between the parties with respect to the use of the Website and its associated services. There are no further understandings, agreements, or representations with respect to the subject matter of this Agreement. You acknowledge and agree that any additional provisions that may appear in any communication from you will not bind KLEAN13.

  1. Waiver

You understand and agree that no term or provision of this Agreement will be deemed to have been waived and no breach will be deemed to have been consented to unless said waiver or consent is in writing and signed by the party to be charged.

  1. Reservation of Rights

All rights not expressly granted herein are reserved to KLEAN13, including the right to suspend or refuse to provide its Services to anyone for any reason or no reason whatsoever.

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