Last Updated: 14 August 2019
These Terms do not grant you any right, title, or interest in our Services, logos, trademarks, copyrights, or other intellectual property we own.
Personal Use License
Subject to these Terms and in consideration of your current selection of Services, we grant to you a non-exclusive, nontransferable, right to use our Services solely for your personal use.
Conditions on Use of Services:
By accepting these Terms, you agree not to misuse, attempt to misuse, or assist others to misuse the Services in any way. Among other things, misuse is any act or omission causing harm of any kind to The CleanerNet or its customers, and by way of illustration, includes but is not limited to:
- Bypass or circumvent any of the authorization, authentication and security features in place;
- Scrape, analyze or otherwise harness the Services;
- Aggravate, disrupt, overload or otherwise impede the Services, network and services to operate correctly;
In addition, you shall not:
- Decompile, reverse engineer, or otherwise attempt to discover the source code of the Services for any purpose;
- Violate any law, ordinance, or regulation through the instrumentality of the Services;
- Violate the privacy of customers and accounts;
- Impersonate customers, Router Limits or any other affiliated party with or without deceptive or fraudulent information;
- Spam or send unrequested communication;
- Wrongly state or imply that you have an affiliation with The CleanerNet;
- Misuse, reuse or distribute or tokens, promo codes, referral codes or any other promotion.
If you become aware of any misuse or problem, you are requested to:
- Report issues and/or bugs to our support center;
- Inform us promptly if you become aware that security barriers are not working as expected;
- Notify us about unauthorized use or misrepresentations regarding The CleanerNet or other trademarks that might cause harm, including search term promotion/purchase, “spamming”, “spoofing” or “phishing”
Confidentiality; Proprietary Rights
Each party, as a Receiving Party, understands that the other party, as a Disclosing Party, has disclosed or may disclose business, technical or financial information relating to the Disclosing Party’s business (hereinafter referred to as “Proprietary Information” of the Disclosing Party). Proprietary Information of The CleanerNet includes non-public information regarding features, functionality and performance of the Service. The Receiving Party agrees: (i) to take reasonable precautions to protect such Proprietary Information, and (ii) not to use (except in performance of the Services or as otherwise permitted herein) or divulge to any third person any such Proprietary Information. The Disclosing Party agrees that the foregoing shall not apply with respect to any information after five (5) years following the disclosure thereof or any information that the Receiving Party can document (a) is or becomes generally available to the public, or (b) was in its possession or known by it prior to receipt from the Disclosing Party, or (c) was rightfully disclosed to it without restriction by a third party, or (d) was independently developed without use of any Proprietary Information of the Disclosing Party or (e) is required to be disclosed by law in which case, the party being compelled to disclose Confidential Information will give the other party as much notice as is reasonably practicable prior to disclosing the Confidential Information.
Router Limits, a CleanerNet Partner, shall own and retain all right, title and interest in and to (a) the Services and software, all improvements, enhancements or modifications thereto, (b) user data collected and maintained as part of the Services, (c) any software, applications, inventions or other technology developed in connection with Services or support, and (d) all intellectual property rights related to any of the foregoing. When you no longer agree to the Terms, the parties will promptly either return or destroy all Confidential Information and, upon request, provide written certification of such.
Router Limits shall own and retain the right to collect and analyze data and other information relating to the provision, use and performance of various aspects of the Services and related systems and technologies, and Router Limits will be free to (i) use such information and data to improve and enhance the Services and for other marketing, sales, support, development, diagnostic and corrective purposes in connection with the Services and other Router Limits offerings, and (ii) disclose such data solely in aggregate or other de-identified form in connection with its business. No rights or licenses are granted except as expressly set forth herein.
The Services, including the software, are the intellectual property of Router Limits, therefore, you will not, directly or indirectly: reverse engineer, decompile, disassemble or otherwise attempt to discover the source code, object code or underlying structure, ideas, know-how or algorithms relevant to the Services or any software, documentation or data related to the Services; modify, translate, or create derivative works based on the Services or any Software (except to the extent expressly permitted by Router Limits or authorized within the Services); use the Services or any software for timesharing or service bureau purposes or otherwise for the benefit of a third-party; or remove any proprietary notices or labels.
The CleanerNet Hardware Warranty
We warrant for a period of twelve (12) months (the “Warranty Period”) from the date of purchase or the date of installation by an authorized Dealer, that CleanerNet hardware will substantially operate as described in the applicable documentation. In the event the hardware fails to conform to such warranty during the Warranty Period, we will, at our sole discretion provide an exclusive remedy without charge, limited to the repair or replacement of the hardware. We assume no liability for hardware warranty claims resulting from your misuse, negligence, improper installation or unauthorized attempt to repair, access, or modify the hardware or included software. Any defective item may be returned if it references a return material authorization (“RMA”) number issued in advance by our technical support agent. You will need to provide proof of purchase or proof of installation by an authorized Dealer when requesting an RMA number. The RMA number must be included on the outside carton label of the returned item.
Our Services Warranty
We may provide updates to the Software at our sole discretion, at no charge to you.
LIMITATIONS ON LIABILITY
The CleanerNet shall use reasonable efforts consistent with prevailing industry standards to maintain the Services in a manner which minimizes errors and interruptions in the Services and shall perform the implementation services in a professional and workmanlike manner. Services may be temporarily unavailable for scheduled maintenance or for unscheduled emergency maintenance, either by The CleanerNet, Router Limits, third-party providers, or because of other causes beyond The CleanerNets’ reasonable control, but The CleanerNet shall use reasonable efforts to provide advance notice in writing or by e-mail of any scheduled service disruption. However, The CleanerNet does not warrant that the Services will be uninterrupted or error free; nor does it make any warranty as to the results that may be obtained from use of the Services. EXCEPT AS EXPRESSLY SET FORTH IN THIS SECTION, THE SERVICES AND IMPLEMENTATION SERVICES ARE PROVIDED “AS IS” AND THE CLEANERNET DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT, OR FOR ANY AMOUNTS THAT, TOGETHER WITH AMOUNTS ASSOCIATED WITH ALL OTHER CLAIMS, EXCEED THE FEES PAID BY YOU TO THE CLEANERNET FOR THE SERVICES UNDER THIS AGREEMENT IN THE 12 MONTHS PRIOR TO THE ACT THAT GAVE RISE TO THE LIABILITY, IN EACH CASE, WHETHER OR NOT THE CLEANERNET HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
Each party represents and warrants that it has the right and authority to enter into this agreement, and that by entering into this agreement, it will not violate, conflict with or cause a material default under any other contract, agreement, .indenture, decree, judgment, undertaking, conveyance, lien or encumbrance to which it is a party or by which it or any of its property is or may become subject or bound.
Each Party represents and warrants that no consent, approval or authorization of or designation, declaration or filing with any governmental authority is required in connection with the valid execution, delivery, and performance of this agreement. Each party shall, at its own expense, comply with all laws, regulations and other legal requirements that apply to it and this agreement, including copyright, privacy and communications decency laws.
You represent, covenant, and warrant that you will use the Services only in compliance with The CleanerNet’s Terms as published on thecleanernet.com and all applicable laws and regulations.
You hereby agree to indemnify and hold harmless The CleanerNet, our affiliates, officers, agents, employees, advertisers, and partners against any claims, damages (actual and consequential), losses, liabilities, settlements and expenses (including without limitation costs, attorneys’, and professional fees) in connection with any claim or action that arises from an alleged violation of the foregoing or in any way related to any third party claims, or otherwise any connection to your use of the Services. Although The CleanerNet has no obligation to monitor use of the Services, The CleanerNet may do so and may prohibit any use of the Services it believes may be (or alleged to be) in violation of the foregoing.
Service Level Agreement
We provide content filtering and reporting within the technological limitations of our Services, however, we cannot guarantee 100% accuracy in all cases or for all uses. We recommend using the reporting feature of our Services to monitor website visits and create open communication with the users of your network. You agree that we are not responsible for any extraordinary circumstances outside of our control which may limit our ability to provide our Services.
Access to your account is restricted by the password you manage as part of our Services. Please secure your password and ensure that others do not have access to it. We do not provide services to anyone under legal age. When you subscribe to our Services and create an account, you warrant that you are of legal age to form a binding contract with us.
We reserve the right to modify or block access to your account for non-payment of services, if we determine you may be in violation these Terms, if you are using your account in a way that may harm us, or if you are using your account for any illegal or harmful purpose.
Billing & Renewals
We only bill you for services you have agreed to purchase. You may access and change your billing information in your account profile. To better serve you, please keep your account information current.
For Month-to-Month Services
Services are available as soon as your payment is processed. You’ll be charged the rate stated at the time of purchase every month until you either change your selection of Services or cancel your account. We will automatically bill your credit card each month based on the Services you selected for your account.
For Annual Services
Services are available as soon as your payment is processed. You’ll be charged the rate stated at the time of purchase every month for the duration of your annual contract. After the expiration of your annual contract, your account will automatically renew another annual contract. Contact Customer Support to change your selection of Services, or cancel your account. If you cancel your annual contract within 14 days of your order, you’ll be fully refunded. Should you cancel after 14 days, you’ll be charged 50% of your remaining contract obligation and your Services will continue until the end of that month’s billing period.
How to Cancel Your Subscription
You may cancel your paid monthly subscription at any time from within your Account. Cancellation will be effective immediately and you will not incur further charges. Payment we have received for paid subscription services rendered are not subject to refund. If you are dissatisfied with our Services or have questions about billing please contact us directly at [email protected]
We are confident that our Services will deliver as advertised and we want you to be satisfied. Before returning your CleanerNet enabled hardware, we will appreciate the opportunity to help you in achieving satisfaction by contacting our team at [email protected] However, within 14 days of purchase, you may return CleanerNet hardware to the original place of purchase for a full refund. If you purchased directly from The CleanerNet, please ensure that your returned shipment includes an RMA number obtained in advance of shipment from our support team at [email protected] The RMA number must be included on the outside carton label of the returned item.
If the address used when placing your order from The CleanerNet is located within the State of Utah, we will calculate, collect, and remit applicable Utah Sales Tax applicable to the hardware included in your order. If the address used when placing your order from The CleanerNet is located outside of Utah, we will NOT calculate, collect, or remit any Sales or other taxes on your behalf. You are responsible to comply with tax laws and regulations within in your area.
If you are using our Services for a business or organization, you agree to these terms in behalf of your entire business entity or organization and you represent and warrant that you have the authority to bind said business or organization to these terms.
Changes to These Terms of Service
We reserve the right to change these Terms at any time by posting new Terms of Service at this location. Your continued use of the hardware, software, Pro portal, documentation, information, services, or website, after the effectiveness of that update will be deemed to represent your agreement with, and consent to be bound by, the new Terms of Service. We will contact you, using your accounts primary email address, if the change materially alters your rights or obligations. Please email any questions relating to these Terms to [email protected]
These Terms are the complete agreement between you and us and supersede any other prior agreements, terms, or conditions applicable to the same subject matter covered by these Terms. Nothing in these Terms creates any third-party beneficiary rights.
Choice of Law
These terms must be interpreted, construed, and enforced in all respects in accordance with the laws of the state of Utah without giving effect to the principles of conflict of laws thereof, and shall be deemed to be executed in Layton, Utah, USA.
Waiver and Severability
Any failure on our part to exercise or enforce any right or provision of these terms will not be a waiver of such right or provision. If a court finds any part of these terms to be invalid, the remaining provisions will remain in effect. sections of this agreement which by their nature should survive termination will survive termination, including, without limitation, accrued rights to payment, confidentiality obligations, warranty disclaimers, and limitations of liability.
If any provision of this agreement is found to be unenforceable or invalid, that provision will be limited or eliminated to the minimum extent necessary so that this agreement will otherwise remain in full force and effect and enforceable. This agreement is not assignable, transferable or sub-licensable by you except with The CleanerNet’s prior written consent. The CleanerNet may transfer and assign any of its rights and obligations under this agreement without consent. This agreement is the complete and exclusive statement of the mutual understanding of the parties and supersedes and cancels all previous written and oral agreements, communications and other understandings relating to the subject matter of this agreement, and that all waivers and modifications must be in writing signed by both parties, except as otherwise provided herein. No agency, partnership, franchise, joint venture, or employment is created as a result of this agreement and you do not have any authority of any kind to bind The CleanerNet or Router Limits in any respect whatsoever. In any action or proceeding to enforce rights under this agreement, the prevailing party will be entitled to recover costs and attorneys’ fees. All notices under this agreement will be in writing and will be deemed to have been duly given when received, if personally delivered; when receipt is electronically confirmed, if transmitted by facsimile or e-mail; the day after it is sent, if sent for next day delivery by recognized overnight delivery service; and upon receipt, if sent by certified or registered mail, return receipt requested.
The CleanerNet will provide Technical Support to users of the Services via both telephone and electronic mail on weekdays during the hours of 9:00 am through 6:00 pm Mountain Time, with the exclusion of Federal Holidays.
Help may initiate during support hours by calling or by emailing to [email protected]
How to Resolve Disputes
We value your business and want to resolve your concerns. You agree to try to informally resolve any dispute you have with our Services by contacting us at [email protected] If we cannot resolve the dispute to your satisfaction within 30 days, you or we agree that any legal dispute regarding these terms of service will be settled through binding arbitration in the state of Utah or any other location we agree to. An arbitration award may be confirmed in a court of competent jurisdiction.
If for any reason the agreement to arbitrate is found to not apply to your claim, you agree that any legal claim against us must be brought in the federal or state courts of Utah, and you consent to personal jurisdiction and venue in Utah.
Any rights not expressly granted herein are reserved.
Email us at [email protected]
Please have “Terms of Service” in the subject line.
Or mail us at the following address:
Ref: Terms of Service
1150 E. Riverside Dr. #911118
St. George, UT, 84791