THE AGREEMENT: The use of this website and services on this website provided by Cluville (“Company”) are subject to the following Terms & Conditions (“Agreement”), all parts and sub-parts of which are specifically incorporated by reference here. This Agreement shall govern the use of all pages on this website (collectively, “Website”) and any services provided by, on, or through this Website (“Services”). The Agreement requires arbitration of most disputes as provided below.
1) DEFINITIONS
The parties referred to in this Agreement shall be defined as follows:
2) ASSENT & ACCEPTANCE
By using the Website, You warrant that You have read and reviewed this Agreement and that You agree to be bound by and abide by this Agreement and our Privacy Policy, found at https://moiscottsdale.com/privacy-policy/, incorporated herein by reference. The Company only agrees to provide use of this Website and Services to You if You assent to this Agreement and our Privacy Policy. Please read the Agreement carefully before you start to use the Website. If You do not agree to be bound by this Agreement and/or our Privacy Policy, please leave the Website immediately.
3) LICENSE TO USE WEBSITE
The Company may provide You with certain information as a result of Your use of the Website or Services. Such information may include, but is not limited to, documentation, data, or information developed by the Company, and other materials which may assist in Your use of the Website or Services (“Company Materials”). Subject to this Agreement, the Company grants You a non-exclusive, limited, non-transferable, and revocable license to use the Company Materials solely in connection with Your use of the Website and Services. The Company Materials may not be used for any other purpose, and this license terminates upon Your cessation of use of the Website or Services or at the termination of this Agreement.
4) INTELLECTUAL PROPERTY
You agree that the Website and all Services provided by the Company are the property of the Company, including all copyrights, trademarks, trade secrets, patents, and other intellectual property (“Company IP”). You agree that the Company owns all right, title and interest in and to the Company IP and that You will not use the Company IP for any unlawful or infringing purpose. This Agreement permits you to use the Website for your personal, non-commercial use only. You agree not to reproduce or distribute the Company IP in any way, including electronically or via registration of any new trademarks, trade names, service marks, or Uniform Resource Locators (URLs), without express written permission from the Company.
The Company name, the terms Cluville, the Company logo, and all related names, logos, product and service names, designs, and slogans are trademarks of the Company or its affiliates or licensors. You must not use such marks without the prior written permission of the Company. All other names, logos, product and service names, designs, and slogans on this Website are the trademarks of their respective owners.
5) ACCEPTABLE USE
You agree not to use the Website or Services for any unlawful purpose, or any purpose prohibited under this clause. You agree not to use the Website or Services in any way that could damage the Website, Services, or general business of the Company.
III) To upload or otherwise disseminate any computer viruses or other software that may damage the property of another;
VII) To publish or distribute any material that incites violence, hate, or discrimination towards any group;
VIII) To unlawfully gather information about others;
XII) To engage in any other conduct that restricts or inhibits anyone’s use or enjoyment of the Website, or which, as determined by us, may harm the Company or users of the Website, or expose them to liability.
III) Use any manual process to monitor or copy any of the material on the Website, or for any other purpose not expressly authorized in these Terms of Use, without our prior written consent.
VII) Attack the Website via a denial-of-service attack or a distributed denial-of-service attack.
VIII) Otherwise attempt to interfere with the proper working of the Website.
6) AFFILIATE MARKETING & ADVERTISING
The Company, through the Website and Services, may engage in affiliate marketing whereby the Company receives a commission on or percentage of the sale of goods or services on or through the Website. The Company may also accept advertising and sponsorships from commercial businesses or receive other forms of advertising compensation. This disclosure is intended to comply with the US Federal Trade Commission Rules on marketing and advertising, as well as any other legal requirements which may apply.
7) PRIVACY INFORMATION
All information we collect on this Website is subject to our Privacy Policy https://cluville.us/scottsdale/privacy . By using the Website, you consent to all actions taken by us with respect to your information in compliance with the Privacy Policy.
8) SALES
The Company may sell goods or services or allow third parties to sell goods or services on the Website. The Company undertakes to be as accurate as possible with all information regarding the goods and services, including product descriptions and images. However, the Company does not guarantee the accuracy or reliability of any product information, and You acknowledge and agree that You purchase such products at Your own risk.
9) SHIPPING/DELIVERY/RETURN POLICY
You agree to ensure payment for any items You may purchase from Us, and You acknowledge and affirm that prices are subject to change. When purchasing a physical good, You agree to provide Us with a valid email and shipping address, as well as valid billing information. We reserve the right to reject or cancel an order for any reason, including errors or omissions in the information that You provide to us. If We do so after payment has been processed, We will issue a refund to You in the amount of the purchase price. We also may request additional information from You prior to confirming a sale, and We reserve the right to place any additional restrictions on the sale of any of Our products. You agree to ensure payment for any items You may purchase from Us, and You acknowledge and affirm that prices are subject to change. For the sale of physical products, We may preauthorize Your credit or debit card at the time You place the order, or We may simply charge Your card upon shipment. You agree to monitor Your method of payment. Shipment costs and dates are subject to change from the costs and dates that You are quoted due to unforeseen circumstances. Ticket and merchandise purchases are non-refundable. Ticket allocation and rescheduling are subject to local policy and availability and usually require at least 24 hours’ notice prior to the event date. For any questions, concerns, or disputes, you agree to contact Us in a timely manner at the following: info@cluville.us.
10) REVERSE ENGINEERING & SECURITY
You agree not to:
11) DATA LOSS
The Company does not accept responsibility for the security of Your account or content. You agree that Your use of the Website or Services is at Your own risk.
12) INDEMNIFICATION
You agree to defend and indemnify the Company and any of its affiliates (if applicable) and hold Us harmless against any and all legal claims and demands, including reasonable attorney’s fees, which may arise from or relate to Your use or misuse of the Website or Services, Your breach of this Agreement, or Your conduct or actions. You agree that the Company shall be able to select its own legal counsel and may participate in its own defence if the Company wishes.
13) SPAM POLICY
You are strictly prohibited from using the Website or any of the Company’s Services for illegal spam activities, including gathering email addresses and personal information from others or sending any mass commercial emails.
14) THIRD-PARTY LINKS & CONTENT
The Company may occasionally post links to third-party websites or other services. You agree that the Company is not responsible or liable for any loss or damage caused as a result of Your use of any third-party services linked to Our Website. If you decide to access any of the third-party websites linked to this Website, you do so entirely at your own risk and subject to the terms and conditions of use for such websites.
This Website may provide certain social media features that enable you to:
You may use these features solely as they are provided by us. Subject to the foregoing, you must not:
You agree to cooperate with us in causing any unauthorized framing or linking immediately to stop. We reserve the right to withdraw linking permission without notice.
We may disable all or any social media features and any links at any time without notice in our discretion.
15) MODIFICATION & VARIATION
The Company may modify this Agreement from time to time without notice to You. You agree that the Company has the right to modify this Agreement or revise anything contained herein. You further agree that all modifications to this Agreement are in full force and effect immediately upon posting on the Website and that modifications or variations will replace any prior version of this Agreement, unless prior versions are specifically referred to or incorporated into the latest modification or variation of this Agreement.
16) ENTIRE AGREEMENT
This Agreement constitutes the entire understanding between the Parties with respect to any and all use of this Website. This Agreement supersedes and replaces all prior or contemporaneous agreements or understandings, written or oral, regarding the use of this Website.
17) SERVICE INTERRUPTIONS
The Company may need to interrupt Your access to the Website to perform maintenance or emergency services on a scheduled or unscheduled basis. You agree that Your access to the Website may be affected by unanticipated or unscheduled downtime, for any reason, but that the Company shall have no liability for any damage or loss caused as a result of such downtime.
18) TERM, TERMINATION, & SUSPENSION
The Company may terminate this Agreement with You at any time for any reason, with or without cause. The Company specifically reserves the right to terminate this Agreement if You violate any of the terms outlined herein, including, but not limited to, violating the intellectual property rights of the Company or a third party, failing to comply with applicable laws or other legal obligations, and/or publishing or distributing illegal material. If You have registered for an account with Us, You may also terminate this Agreement at any time by contacting Us and requesting termination. At the termination of this Agreement, any provisions that would be expected to survive termination by their nature shall remain in full force and effect.
19) NO WARRANTIES
You agree that Your use of the Website and Services is at Your sole and exclusive risk and that any Services provided by Us are on an “As Is” basis. The Company hereby expressly disclaims any and all express or implied warranties of any kind, including, but not limited to the implied warranty of fitness for a particular purpose and the implied warranty of merchantability. The Company makes no warranties that the Website or Services will meet Your needs or that the Website or Services will be uninterrupted, error-free, or secure. The Company also makes no warranties as to the reliability or accuracy of any information on the Website or obtained through the Services. You agree that any damage that may occur to You, through Your computer system, or as a result of loss of Your data from Your use of the Website or Services is Your sole responsibility and that the Company is not liable for any such damage or loss.
20) LIMITATION ON LIABILITY
You agree that the Company is not liable for any damages that may occur to You as a result of Your use of the Website or Services, and You waive such damages to the fullest extent permitted by law. The maximum liability of the Company arising from or relating to this Agreement is limited to the greater of one hundred ($100) US Dollars or the amount You paid to the Company in the last six (6) months. This section applies to any and all claims by You, including, but not limited to, lost profits or revenues, consequential or punitive damages, negligence, strict liability, fraud, or torts of any kind. THE FOREGOING DOES NOT AFFECT ANY LIABILITY THAT CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.
21) GENERAL PROVISIONS: