klugness

Klugness.com Terms of Service

Terms

The klugness.com website is operated by Clever Humor, LLC based in the United States of America. The term "Klugness Website" or simply "Website" is used in this document to refer to Clever Humor, LLC, our Website, or services we provide, depending on the context in which it is used. Pronouns such as "we", "our" or "us" may also be used to refer to same. By accessing the Klugness Website, you are agreeing to be bound by the then-current version of these Terms of Service. We reserve the right to update, change, or replace any part of these terms at any time and without notice. Your use of this site following the posting of any changes will be deemed your acceptance of such changes. You agree to review the then-current Terms of Service prior to any use of the Website, which use shall be your agreement and consent to same.

Use License

You may view the materials on klugness.com for personal, noncommercial and entertainment purposes only. You may not:

• Copy or modify the materials
• Use the materials for any commercial, illegal, improper or immoral purpose
• Post any of the materials to another website (other than through a standalone link to the actual site materials)
• Transfer the materials to another person or "mirror" the materials on any other server
• Tamper with content on the Website
• Use any robot, spider, scraper, or other automated means to access the Klugness Website or extract data and gather and use information
• Use any contact information from the Klugness Website to transmit unsolicited advertising or spam email
• Send to or otherwise impact the Website with harmful, illegal, deceptive, or disruptive code such as viruses, spyware, adware or other code that could adversely impact the Website
• Take any action which might impose a significant burden (as determined by us) on the Website's infrastructure or computer systems

By agreeing to these Terms of Service, you represent that you are at least the age of majority in your country, state or province of residence, or that you are the age of majority in your country, state or province of residence and you have given your consent to allow any of your children or other persons under the age of consent to use this Website.

A breach or violation of our Terms of Service can result in an immediate termination of your services. We reserve the right to remove or restrict access to our service to anyone at any time for any reason. You acknowledge that the Klugness Website will not be liable to you for any termination of your access to the Website.

Disclaimer of Warranties

All materials, information, software, products and services included or available through this Website (the “Content”) are provided “as is” and “as available.” The Content is provided without warranties of any kind, either expressed or implied, including, but not limited to, implied warranties of merchantability, fitness for a particular purpose, and noninfringement of intellectual property or other violation of rights. We do not warrant that the Content is accurate, reliable, or correct, that the Website will be available at any particular time or location, that any defects or errors will be corrected, or that the Content is free of viruses or other harmful components. Your use of this Website is solely at your own risk, and you will be responsible for any damage, including without limitation personal injury or distress, damage to your computer or phone system, or loss of data that results from the viewing or downloading of such material. Because some jurisdictions do not permit the exclusion of certain warranties, these exclusions may not apply to you.

Limitation of Liability

In no event shall Clever Humor, LLC and its subsidiaries, affiliates, partners, officers, managers, directors, agents, contractors, licensors, service providers, subcontractors, suppliers, interns, members, or employees (the "Indemnified Persons") be liable for any direct, indirect, punitive, incidental, exemplary, special, statutory or consequential damages, lost profits, lost revenue, loss of data, loss of privacy, loss of goodwill, or any other losses that result from the use of, or inability to use, this Website. This limitation applies whether the alleged liability is based on contract, tort, negligence, strict liability, or any other basis, even if klugness.com has been advised of the possibility of such damage. Without limiting the foregoing, in no event will the aggregate liability to you of any of the Indemnified Persons exceed the total amounts you have paid us. Because some jurisdictions do not allow the exclusion or limitation of liability of incidental or consequential damages, Clever Humor, LLC's liability in such jurisdictions shall be limited to the extent required by law.

Indemnification

You agree to indemnify, defend, and hold harmless Clever Humor, LLC, its subsidiaries, affiliates, members, managers, partners, officers, directors, agents, contractors, licensors, service providers, subcontractors, suppliers, interns and employees from any claim or demand, including reasonable attorneys' fees, made by any third party due to or arising out of your use of the Website, your breach of these Terms of Service or the documents they incorporate by reference or your violation of any law or the rights of any third party.

International Use

The Klugness Website is operated in the Untied States of America and is directed to U.S. users. We make no representations that any Content is appropriate or available for use in any particular locations, and accessing the Content from territories where the Content is illegal is prohibited. Those who access this Website from any location do so on their own initiative and at their own risk, and are responsible for compliance with all applicable laws.

Dealing with Merchants; Links

The Klugness Websute may contain advertisements, offers, or other links to websites of third parties that we do not control. Advertisements and other information provided by third parties may not be wholly accurate. We are not responsible or liable for (1) the availability or accuracy of such sites or advertisements, or (2) the content, products or services available from such sites. The inclusion of any link on Klugness Website does not imply that we endorse the linked site. You use the links at your own risk. Our Privacy Policy is applicable only when you are on our Website. Once you link to another website, its privacy statement applies to any personal information you supply.

Merchandise and Content

Certain site-related merchandise and Content may be available exclusively online through the Klugness Website. We reserve the right to limit the sales of our merchandise or access to our Content to any person, geographic region, or jurisdiction. We may exercise this right on a case-by-case basis.

We reserve the right to limit the quantity of any merchandise or Content that we offer. We reserve the right to refuse any order you place with us.

Merchandise Sales

The Klugness Website may include an online store, which may be operated using third party software, that offers certain site-related merchandise for purchase. Pricing details and payment and delivery methods are subject to change without notice. By placing an order, you expressly agree that we are authorized to charge to the payment method you provide at that time the applicable fee at the then-current rate displayed in the store plus any applicable taxes, shipping fees, etc. Any delivery times or dates are estimates only. All merchandise sales are final; we do not accept returns for any reason. We may provide a refund under certain circumstances at our sole discretion. If there is an issue with your order, please contact customer service at store@klugness.com. Any abuse of the store may result in future denial of the use of the Website.

User Comments and Submissions

The Klugness Website does not permit visitors to post comments or other materials in any way, shape, or form. Any effort to sidestep this prohibition is a violation of our Terms of Service.

Governing Law

All use of and any claim relating to the Klugness Website shall be governed by the laws of the United States (where the issue is a federal question) and the State of Georgia (where the issue is a state question) without regard to any conflict of law provisions that would result in the application of the law of a different country, state, or jurisdiction. By using the Website, you consent to the exclusive venue and jurisdiction of the state and federal courts sitting in or encompassing Fulton County, Georgia, United States in any action on a claim arising out of, under, or in connection with any use of this Website.

Privacy Policy

Please see our Privacy Policy. Our Privacy Policy is part of and incorporated into these Terms of Service. We reserve the right to contact you about these Terms of Service.

Severability and Integration

Unless otherwise specified herein, these Terms of Service constitute the entire agreement between you and Clever Humor, LLC with respect to this Website and supersedes all prior or contemporaneous communications and proposals (whether oral, written, or electronic) between you and us with respect to this Website. If any part of these Terms of Service is held invalid or unenforceable, the portion shall be construed in a manner consistent with the applicable law to reflect, as nearly as possible, the original intentions of the parties, and the remaining portions shall remain in full force and effect.

Copyright Infringement/DMCA

The Klugness Website respects the intellectual property rights of others. If you believe that your work is being used on the Klugness Website in a way that constitutes copyright or trademark (or service mark) infringement, you may notify us by providing our copyright agent with the following information in writing:

• The electronic or physical signature of the owner of the copyright or trademark (or service mark) or the person authorized to act on the owner’s behalf
• Identification of the copyrighted work or trademark (or service mark) that you claim has been infringed
• Identification of the material that is claimed to be infringing and information reasonably sufficient to permit the Klugness Website to locate the material (for example, by providing a URL to the material)
• Your name, address, telephone number, and email address
• A statement by you that you have a good faith belief that the disputed use is not authorized by the copyright or trademark (or service mark) owner, its agent, or the law
• A statement that the information in your notification is accurate and a statement, made under penalty of perjury, that you are the copyright owner or are authorized to act on the copyright or trademark (or service mark) owner’s behalf
• Identification and information regarding any copyright registrations with the U.S. Copyright Office or trademarks (or service marks) registered with the U.S. Patent and Trademark Office.

Our designated agent to receive notification of claimed infringement can be reached at: