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TERMS AND CONDITIONS

1. AGREEMENT TO TERMS

These Terms and Conditions constitute a legally binding agreement made between you, whether personally or on behalf of an entity (“you”) and Ekluv ("Company", “we”, “us”, or “our”), concerning your access to and use of the https://www.ekluv.com Website as well as any other media form, media channel, mobile website or Mobile Application related, linked, or otherwise connected thereto (collectively, the “Website”). You agree that by accessing the Website or Mobile Application, you have read, understood, and agreed to be bound by all of these Terms and Conditions. IF YOU DO NOT AGREE WITH ALL OF THESE Terms and Conditions, THEN YOU ARE EXPRESSLY PROHIBITED FROM USING THE WEBSITE AND MOBILE APPLICATION AND YOU MUST DISCONTINUE USE IMMEDIATELY.

 

Supplemental terms and conditions or documents that may be posted on the Website from time to time are hereby expressly incorporated herein by reference. We reserve the right, in our sole discretion, to make changes or modifications to these Terms and Conditions from time to time. We may alert you about any changes by updating the “Last updated” date of these Terms and Conditions, and you waive any right to receive specific notice of each such change.  We encourage you to review these Terms and Conditions frequently to be informed of how we are protecting your information.  Please ensure that you check the applicable Terms every time you use our Website or Mobile Application so that you understand which Terms apply. You will be subject to, and will be deemed to have been made aware of and to have accepted, the changes in any revised Terms and Conditions by your continued use of the Website after the date such revised Terms and Conditions are posted.

 

The information provided on the Website is not intended for distribution to or use by any person or entity in any jurisdiction or country where such distribution or use would be contrary to law or regulation or which would subject us to any registration requirement within such jurisdiction or country. Accordingly, those persons who choose to access the Website or Mobile Application from other locations do so on their own initiative and are solely responsible for compliance with local laws, if and to the extent local laws are applicable.

 

The Website is not tailored to comply with industry-specific regulations (Health Insurance Portability and Accountability Act (HIPAA), Federal Information Security Management Act (FISMA), etc.), so if your interactions would be subjected to such laws, you may not use this Website or Mobile Application. You may not use the Website or Mobile Application in a way that would violate the Gramm-Leach-Bliley Act (GLBA).

 

All users who are minors in the jurisdiction in which they reside (generally under the age of 18) must have the permission of, and be directly supervised by, their parent or guardian to use the Website. If you are a minor, you must have your parent or guardian read and agree to these Terms and Conditions prior to you using the Website.  Only users aged 18 and over are permitted to use our Mobile Application.

 

2. INTELLECTUAL PROPERTY RIGHTS

Unless otherwise indicated, the Website and Mobile Application is our proprietary property and all source code including on databases, functionality, software, Website designs, audio, video, text, photographs, and graphics on the Website (collectively, the “Content”) and the trademarks, service marks, and logos contained therein (the “Marks”) are owned or controlled by us or licensed to us, and are protected by copyright and trademark laws and various other intellectual property rights and unfair competition laws of the United States, international copyright laws, and international conventions. The Content and the Marks are provided on the Website “AS IS” for your information and personal use only. Except as expressly provided in these Terms and Conditions, no part of the Website or Mobile Application and no Content or Marks may be copied, reproduced, aggregated, republished, uploaded, posted, publicly displayed, encoded, translated, transmitted, distributed, sold, licensed, or otherwise exploited for any commercial purpose whatsoever, without our express prior written permission.

 

3. USER REPRESENTATIONS

By using the Website or our Mobile Application, you represent and warrant that:

  • you have the legal capacity and you agree to comply with these Terms and Conditions

  • you are not a minor in the jurisdiction in which you reside, or if a minor, you have received parental permission to use the Website;

  • you will not access the Website through automated or non-human means, whether through a bot, script or otherwise

  • you will not use the Website for any illegal or unauthorized purpose

  • your use of the Website will not violate any applicable law or regulation.

  • you are not under the age of 18 when using our Mobile Application.

If you provide any information that is untrue, inaccurate, not current, or incomplete, we have the right to suspend or terminate your account and refuse any and all current or future use of the Website or Mobile Application.

4. PRODUCTS

All products are subject to availability. We reserve the right to discontinue any products at any time for any reason. Prices for all products are subject to change.  We also reserve the right to remove our service from use, such as our Mobile Application.  In the event we do remove our service from use, you will be notified, with details on how you can delete your account and all information associated with it, subject to the terms listed in our Privacy Policy.

5. PURCHASES AND PAYMENT

Our Mobile Application allows for in-app purchases.  Our in-app purchases and all payment information is processed by Apple.  To view more information on billing and subscriptions visit https://support.apple.com/billing

6. PROHIBITED ACTIVITIES

You may not access or use the Website or Mobile Application for any purpose other than that for which we make the Website and Mobile Application available. The Website and Mobile Application may not be used in connection with any commercial endeavors except those that are specifically endorsed or approved by us.

 

As a user of the Website, you agree not to:

  • Systematically retrieve data or other content from the Website or Mobile Application to create or compile, directly or indirectly, a collection, compilation, database, or directory without written permission from us.

  • Trick, defraud, or mislead us and other users, especially in any attempt to learn sensitive account information such as user sign in information.

  • Circumvent, disable, reverse-engineer or otherwise interfere with features of the Website or Mobile Application, including features that prevent or restrict the use or copying of any Content or enforce limitations on the use of the Website and/or the Content contained therein.

  • Disparage, tarnish, or otherwise harm, in our opinion, us and/or the Website and/or our Mobile Application.

  • Use any information obtained from the Website or Mobile Application in order to harass, abuse, or harm another person.  Such activities may result in your access being blocked and/or account information deleted without prior notice.

  • Make improper use of our support services or submit false reports of abuse or misconduct.

  • Use the Website or Mobile Application in a manner inconsistent with any applicable laws or regulations.

  • Engage in unauthorized framing of or linking to the Website or Mobile Application.

  • Upload or transmit (or attempt to upload or to transmit) viruses, Trojan horses, or other material, including excessive use of capital letters and spamming (continuous posting of repetitive text), that interferes with any party’s uninterrupted use and enjoyment of the Website or Mobile Application including modifying, impairing, disrupting, altering, or interfering with the use, features, functions, operation, or maintenance of the Website or Mobile Application.

  • Engage in any automated use of the system, such as using scripts to send comments or messages, or using any data mining, robots, or similar data gathering and extraction tools.

  • Delete the copyright or other proprietary rights notice from any Content.

  • Attempt to impersonate another user or person or use the username of another user.

  • Upload inappropriate information including photos or text which promotes, sells or contains nudity, drugs, violence, abuse, hate speech.

  • Upload or transmit (or attempt to upload or to transmit) any material that acts as a passive or active information collection or transmission mechanism, including without limitation, clear graphics interchange formats (“gifs”), 1×1 pixels, web bugs, cookies, or other similar devices (sometimes referred to as “spyware” or “passive collection mechanisms” or “pcms”).

  • Interfere with, disrupt, or create an undue burden on the Website or Mobile Application or the networks or services connected to the Website or Mobile Application.

  • Harass, annoy, intimidate, or threaten any of our employees or agents engaged in providing any portion of the Website or Mobile Application to you.

  • Attempt to bypass any measures of the Website or Mobile Application designed to prevent or restrict access.

  • Copy or adapt the Website or Mobile Application’s software, including but not limited to Flash, PHP, HTML, JavaScript, Swift or other code.

  • Except as permitted by applicable law, decipher, decompile, disassemble, or reverse engineer any of the software comprising or in any way making up a part of the Website or Mobile Application.

  • Except as may be the result of standard search engine or Internet browser usage, use, launch, develop, or distribute any automated system, including without limitation, any spider, robot, cheat utility, scraper, or offline reader that accesses the Website or Mobile Application, or using or launching any unauthorized script or other software.

  • Use a buying agent or purchasing agent to make purchases on the Website or Mobile Application.

  • Make any unauthorized use of the Website or Mobile Application, including collecting usernames and/or email addresses of users by electronic or other means for the purpose of sending unsolicited email, or creating user accounts by automated means or under false pretenses.

  • Use the Website or Mobile Application as part of any effort to compete with us or otherwise use the Website or Mobile Application and/or the Content for any revenue-generating endeavor or commercial enterprise.

7. USER GENERATED CONTRIBUTIONS

The Website and Mobile Application may invite you to chat, contribute to, or participate in blogs, message boards, online forums, and other functionality, and may provide you with the opportunity to create, submit, post, display, transmit, perform, publish, distribute, or broadcast content and materials to us or on the Website, including but not limited to text, writings, video, audio, photographs, graphics, comments, suggestions, or personal information or other material (collectively, "Contributions"). Contributions may be viewable by other users of the Website or Mobile Application. As such, any Contributions you transmit may be treated as non-confidential and non-proprietary. When you create or make available any Contributions, you thereby represent and warrant that:

 

  • The creation, distribution, transmission, public display, or performance, and the accessing, downloading, or copying of your Contributions do not and will not infringe the proprietary rights, including but not limited to the copyright, patent, trademark, trade secret, or moral rights of any third party.

  • You are the creator and owner of or have the necessary licenses, rights, consents, releases, and permissions to use and to authorize us, the Website or Mobile Application, and other users of the Website or Mobile Application to use your Contributions in any manner contemplated by the Website or Mobile Application and these Terms and Conditions.

  • You have the written consent, release, and/or permission of each and every identifiable individual person in your Contributions to use the name or likeness of each and every such identifiable individual person to enable inclusion and use of your Contributions in any manner contemplated by the Website and these Terms and Conditions.

  • Your Contributions are not false, inaccurate, or misleading.

  • Your Contributions are not unsolicited or unauthorized advertising, promotional materials, pyramid schemes, chain letters, spam, mass mailings, or other forms of solicitation.

  • Your Contributions are not obscene, lewd, lascivious, filthy, violent, harassing, libelous, slanderous, of a sexual nature, or otherwise objectionable (as determined by us).

  • Your Contributions do not ridicule, mock, disparage, intimidate, or abuse anyone.

  • Your Contributions are not used to harass or threaten (in the legal sense of those terms) any other person and to promote violence against a specific person or class of people.

  • Your Contributions do not violate any applicable law, regulation, or rule.

  • Your Contributions do not violate the privacy or publicity rights of any third party.

  • Your Contributions do not violate any applicable law concerning child pornography, or otherwise intended to protect the health or well-being of minors;

  • Your Contributions do not include any offensive comments that are connected to race, national origin, gender, sexual preference, or physical handicap.

  • Your Contributions do not otherwise violate, or link to material that violates, any provision of these Terms and Conditions, or any applicable law or regulation.

 

Any use of the Website or Mobile Application in violation of the foregoing violates these Terms and Conditions and may result in, among other things, termination or suspension of your rights to use the Website and Mobile Application.

8. CONTRIBUTION LICENSE

By posting your Contributions to any part of the Website or Mobile Application, you automatically grant, and you represent and warrant that you have the right to grant, to us an unrestricted, unlimited, irrevocable, perpetual, non-exclusive, transferable, royalty-free, fully-paid, worldwide right, and license to host, use, copy, reproduce, disclose, sell, resell, publish, broadcast, retitle, archive, store, cache, publicly perform, publicly display, reformat, translate, transmit, excerpt (in whole or in part), and distribute such Contributions (including, without limitation, your image and voice) for any purpose, commercial, advertising, or otherwise, and to prepare derivative works of, or incorporate into other works, such Contributions, and grant and authorize sublicenses of the foregoing. The use and distribution may occur in any media formats and through any media channels.

 

This license will apply to any form, media, or technology now known or hereafter developed, and includes our use of your name, company name, and franchise name, as applicable, and any of the trademarks, service marks, trade names, logos, and personal and commercial images you provide. You waive all moral rights in your Contributions, and you warrant that moral rights have not otherwise been asserted in your Contributions.

 

We do not assert any ownership over your Contributions. You retain full ownership of all of your Contributions and any intellectual property rights or other proprietary rights associated with your Contributions. We are not liable for any statements or representations in your Contributions provided by you in any area on the Website or Mobile APplication. You are solely responsible for your Contributions to the Website and Mobile Application and you expressly agree to exonerate us from any and all responsibility and to refrain from any legal action against us regarding your Contributions.

 

We have the right, in our sole and absolute discretion, (1) to edit, redact, or otherwise change any Contributions; (2) to re-categorize any Contributions to place them in more appropriate locations on the Website or Mobile Application; and (3) to pre-screen or delete any Contributions at any time and for any reason, without notice. We have no obligation to monitor your Contributions.

 

9. MOBILE APPLICATION LICENSE

If you access the Mobile Application via a mobile application, then we grant you a revocable, non-exclusive, non-transferable, limited right to install and use the mobile application on wireless electronic devices owned or controlled by you, and to access and use the mobile application on such devices strictly in accordance with the terms and conditions of this mobile application license contained in these Terms and Conditions. You shall not:

  • except as permitted by applicable law, decompile, reverse engineer, disassemble, attempt to derive the source code of, or decrypt the application; 

  • make any modification, adaptation, improvement, enhancement, translation, or derivative work from the application

  • violate any applicable laws, rules, or regulations in connection with your access or use of the application

  • remove, alter, or obscure any proprietary notice (including any notice of copyright or trademark) posted by us or the licensors of the application;

  • use the application for any revenue generating endeavor, commercial enterprise, or other purpose for which it is not designed or intended

  • make the application available over a network or other environment permitting access or use by multiple devices or users at the same time

  • use the application for creating a product, service, or software that is, directly or indirectly, competitive with or in any way a substitute for the application

  • use the application to send automated queries to any Website, Mobile Application or e-mail

  • use any proprietary information or any of our interfaces or our other intellectual property in the design, development, manufacture, licensing, or distribution of any applications, accessories, or devices for use with the application.

 

Apple and Android Devices

The following terms apply when you use a mobile application obtained from either the Apple Store or Google Play (each an “App Distributor”) to access the Mobile Application:

  • the license granted to you for our mobile application is limited to a non-transferable license to use the application on a device that utilizes the Apple iOS or Android operating systems, as applicable, and in accordance with the usage rules set forth in the applicable App Distributor’s terms of service

  • we are responsible for providing any maintenance and support services with respect to the mobile application as specified in the terms and conditions of this mobile application license contained in these Terms and Conditions or as otherwise required under applicable law, and you acknowledge that each App Distributor has no obligation whatsoever to furnish any maintenance and support services with respect to the mobile application

  • in the event of any failure of the mobile application to conform to any applicable warranty, you may notify the applicable App Distributor, and the App Distributor, in accordance with its terms and policies, may refund the purchase price, if any, paid for the mobile application, and to the maximum extent permitted by applicable law, the App Distributor will have no other warranty obligation whatsoever with respect to the mobile application

  • you represent and warrant that (i) you are not located in a country that is subject to a U.S. government embargo, or that has been designated by the U.S. government as a “terrorist supporting” country and (ii) you are not listed on any U.S. government list of prohibited or restricted parties

  • you must comply with applicable third-party terms of agreement when using the mobile application, e.g., if you have a VoIP application, then you must not be in violation of their wireless data service agreement when using the mobile application

  • you acknowledge and agree that the App Distributors are third-party beneficiaries of the terms and conditions in this mobile application license contained in these Terms and Conditions, and that each App Distributor will have the right (and will be deemed to have accepted the right) to enforce the terms and conditions in this mobile application license contained in these Terms and Conditions against you as a third-party beneficiary thereof.

 

10. SUBMISSIONS

You acknowledge and agree that any questions, comments, suggestions, ideas, feedback, or other information regarding the Website or Mobile Application provided by you to us are non-confidential and shall become our sole property. We shall own exclusive rights, including all intellectual property rights, and shall be entitled to the unrestricted use and dissemination of these Submissions for any lawful purpose, commercial or otherwise, without acknowledgment or compensation to you. You hereby waive all moral rights to any such Submissions, and you hereby warrant that any such Submissions are original with you or that you have the right to submit such Submissions. You agree there shall be no recourse against us for any alleged or actual infringement or misappropriation of any proprietary right in your Submissions.

 

11. WEBSITE AND MOBILE APPLICATION MANAGEMENT

We reserve the right, but not the obligation, to:

  • monitor the Website and Mobile Application for violations of these Terms and Conditions

  • take appropriate legal action against anyone who, in our sole discretion, violates the law or these Terms and Conditions, including without limitation, reporting such user to law enforcement authorities

  • in our sole discretion and without limitation, refuse, restrict access to, limit the availability of, or disable (to the extent technologically feasible) any of your Contributions or any portion thereof

  • in our sole discretion and without limitation, notice, or liability, to remove or otherwise disable all from the Website or  Mobile Application any files and content that are excessive in size or are in any way burdensome to our systems

  • otherwise manage the Website and Mobile Application in a manner designed to protect our rights and property and to facilitate the proper functioning of the Website and Mobile Application

 

12. PRIVACY POLICY

We care about data privacy and security. Please review our Privacy Policy: https://www.ekluv.com/privacy-policy.

By using the Website or Mobile Application, you agree to be bound by our Privacy Policy, which is incorporated into these Terms and Conditions.

 

 

13. TERM AND TERMINATION

These Terms and Conditions shall remain in full force and effect while you use the Website or Mobile Application. WITHOUT LIMITING ANY OTHER PROVISION OF THESE TERMS AND CONDITIONS, WE RESERVE THE RIGHT TO, IN OUR SOLE DISCRETION AND WITHOUT NOTICE OR LIABILITY, DENY ACCESS TO AND USE OF THE WEBSITE AND MOBILE APPLICATION OFFERINGS (INCLUDING BLOCKING CERTAIN IP ADDRESSES), TO ANY PERSON FOR ANY REASON OR FOR NO REASON, INCLUDING WITHOUT LIMITATION FOR BREACH OF ANY REPRESENTATION, WARRANTY, OR COVENANT CONTAINED IN THESE TERMS AND CONDITIONS OR OF ANY APPLICABLE LAW OR REGULATION. WE MAY TERMINATE YOUR USE OR PARTICIPATION IN THE WEBSITE AND THE TERMS AND CONDITIONS OR DELETE ANY CONTENT OR INFORMATION THAT YOU POSTED AT ANY TIME, WITHOUT WARNING, IN OUR SOLE DISCRETION.

 

If we terminate or suspend your account for any reason, you are prohibited from registering and creating a new account under:

  • the details used in your previous account

  • a fake or borrowed account or personal information, or the name of any third party, even if you may be acting on behalf of the third party.

In addition to terminating or suspending your account, we reserve the right to take appropriate legal action, including without limitation pursuing civil, criminal, and injunctive redress.

 

 

 

14. MODIFICATIONS AND INTERRUPTIONS

We reserve the right to change, modify, or remove the contents of the Website and Mobile Application at any time or for any reason at our sole discretion without notice. However, we have no obligation to update any information on our Website or Mobile Application.  We also reserve the right to modify or discontinue all or part of the Mobile Application without notice at any time. We will not be liable to you or any third party for any modification, price change, suspension, or discontinuance of the Website or the Mobile Application.

 

We cannot guarantee the Website and the Mobile Application will be available at all times. We may experience hardware, software, or other problems or need to perform maintenance related to the Website or Mobile Application, resulting in interruptions, delays, or errors. We reserve the right to change, revise, update, suspend, discontinue, or otherwise modify the Website or the Mobile Application at any time or for any reason without notice to you. You agree that we have no liability whatsoever for any loss, damage, or inconvenience caused by your inability to access or use the Website or the Mobile Application during any downtime or discontinuance of the Website or the Mobile Application. Nothing in these Terms and Conditions will be construed to obligate us to maintain and support the Website or the Mobile Application or to supply any corrections, updates, or releases in connection therewith.

 

15. CORRECTIONS

There may be information on the Website that contains typographical errors, inaccuracies, or omissions that may relate to the Mobile Application, including descriptions, pricing, availability, and various other information. We reserve the right to correct any errors, inaccuracies, or omissions and to change or update the information on the Website or Mobile Application at any time, without prior notice.

 

16. DISCLAIMER

THE WEBSITE AND MOBILE IS PROVIDED ON AN AS-IS AND AS-AVAILABLE BASIS. YOU AGREE THAT YOUR USE OF THE WEBSITE SERVICES AND MOBILE APPLICATION WILL BE AT YOUR SOLE RISK. TO THE FULLEST EXTENT PERMITTED BY LAW, WE DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, IN CONNECTION WITH THE WEBSITE OR MOBILE APPLICATION AND YOUR USE THEREOF, INCLUDING, WITHOUT LIMITATION, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. WE MAKE NO WARRANTIES OR REPRESENTATIONS ABOUT THE ACCURACY OR COMPLETENESS OF THE WEBSITE OR MOBILE APPLICATION CONTENT AND WE WILL ASSUME NO LIABILITY OR RESPONSIBILITY FOR ANY:

  • ERRORS, MISTAKES, OR INACCURACIES OF CONTENT AND MATERIALS

  • PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER, RESULTING FROM YOUR ACCESS TO AND USE OF THE WEBSITE OR MOBILE APPLICATION

  • ANY UNAUTHORIZED ACCESS TO OR USE OF OUR SECURE SERVERS AND/OR ANY AND ALL PERSONAL INFORMATION AND/OR FINANCIAL INFORMATION STORED THEREIN

  • ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM THE WEBSITE OR MOBILE APPLICATION

  • ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE WHICH MAY BE TRANSMITTED TO OR THROUGH THE WEBSITE OR MOBILE APPLICATION BY ANY THIRD PARTY

  • ANY ERRORS OR OMISSIONS IN ANY CONTENT AND MATERIALS OR FOR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF THE USE OF ANY CONTENT POSTED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE VIA THE WEBSITE OR MOBILE APPLICATION.

  • WE DO NOT WARRANT, ENDORSE, GUARANTEE, OR ASSUME RESPONSIBILITY FOR ANY PRODUCT OR SERVICE ADVERTISED OR OFFERED BY A THIRD PARTY THROUGH THE WEBSITE OR MOBILE APPLICATION AND WE WILL NOT BE A PARTY TO OR IN ANY WAY BE RESPONSIBLE FOR MONITORING ANY TRANSACTION BETWEEN YOU AND ANY THIRD-PARTY PROVIDERS OF PRODUCTS OR SERVICES. AS WITH THE PURCHASE OF A PRODUCT OR SERVICE THROUGH ANY MEDIUM OR IN ANY ENVIRONMENT, YOU SHOULD USE YOUR BEST JUDGMENT AND EXERCISE CAUTION WHERE APPROPRIATE.

 

17. LIMITATIONS OF LIABILITY

IN NO EVENT WILL WE OR OUR DIRECTORS, EMPLOYEES, OR AGENTS BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY DIRECT, INDIRECT, CONSEQUENTIAL, EXEMPLARY, INCIDENTAL, SPECIAL, OR PUNITIVE DAMAGES, INCLUDING LOST PROFIT, LOST REVENUE, LOSS OF DATA, OR OTHER DAMAGES ARISING FROM YOUR USE OF THE WEBSITE OR MOBILE APPLICATION, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

18. INDEMNIFICATION

You agree to defend, indemnify, and hold us harmless, including our subsidiaries, affiliates, and all of our respective officers, agents, partners, and employees, from and against any loss, damage, liability, claim, or demand, including reasonable attorneys’ fees and expenses, made by any third party due to or arising out of:

  1. your Contributions

  2. use of the Website or Mobile Application

  3. breach of these Terms and Conditions

  4. any breach of your representations and warranties set forth in these Terms and Conditions;

  5. your violation of the rights of a third party, including but not limited to intellectual property rights

  6. any overt harmful act toward any other user of the Website or Mobile Application with whom you connected via the Website or Mobile Application.

 

 

19. USER DATA

We will maintain certain data that you transmit to the Website or Mobile Application for the purpose of managing the performance of the Website or Mobile Application, as well as data relating to your use of the Website or Mobile Application.  You are solely responsible for all data that you transmit or that relates to any activity you have undertaken using the Website or Mobile Application. You agree that we shall have no liability to you for any loss or corruption of any such data, and you hereby waive any right of action against us arising from any such loss or corruption of such data.

20. ELECTRONIC COMMUNICATIONS, TRANSACTIONS, AND SIGNATURES

Visiting the Website, using the mobile application, sending us emails, and completing online forms constitute electronic communications. You consent to receive electronic communications, and you agree that all agreements, notices, disclosures, and other communications we provide to you electronically, via email, on the Website or the Mobile Application, satisfy any legal requirement that such communication be in writing. YOU HEREBY AGREE TO THE USE OF ELECTRONIC SIGNATURES, CONTRACTS, ORDERS, AND OTHER RECORDS, AND TO ELECTRONIC DELIVERY OF NOTICES, POLICIES, AND RECORDS OF TRANSACTIONS INITIATED OR COMPLETED BY US OR VIA THE WEBSITE OR MOBILE APPLICATION. You hereby waive any rights or requirements under any statutes, regulations, rules, ordinances, or other laws in any jurisdiction which require an original signature or delivery or retention of non-electronic records, or to payments or the granting of credits by any means other than electronic means.

21. CALIFORNIA USERS AND RESIDENTS

If any complaint with us is not satisfactorily resolved, you can contact the Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs in writing at 1625 North Market Blvd., Suite N 112, Sacramento, California 95834 or by telephone at (800) 952-5210 or (916) 445-1254.

 

 

22. MISCELLANEOUS

These Terms and Conditions and any policies or operating rules posted by us on the Website or Mobile Application constitute the entire agreement and understanding between you and us. Our failure to exercise or enforce any right or provision of these Terms and Conditions shall not operate as a waiver of such right or provision.  We may assign any or all of our rights and obligations to others at any time. We shall not be responsible or liable for any loss, damage, delay, or failure to act caused by any cause beyond our reasonable control. If any provision or part of a provision of these Terms and Conditions is determined to be unlawful, void, or unenforceable, that provision or part of the provision is deemed severable from these Terms and Conditions and does not affect the validity and enforceability of any remaining provisions. There is no joint venture, partnership, employment or agency relationship created between you and us as a result of these Terms and Condition or use of the Website or Mobile Application. You agree that these Terms and Conditions will not be construed against us by virtue of having drafted them. You hereby waive any and all defenses you may have based on the electronic form of these Terms and Conditions and the lack of signing by the parties hereto to execute these Terms and Conditions.

 

 

23. CONTACT US

In order to receive further information regarding use of the Website or Mobile Application, please contact us via at support@ekluv.com

 

Last updated August 13, 2022

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