Policy Last Updated: 03/10/2021
The terms and conditions set forth below (the “Terms”) are a legal contract between you and Clever Fox Online (“Clever Fox”, “CFO”, “we” or “us”) and govern your access to, and use of, our mobile device applications (“Apps”) and website, together with the software and services available through these apps and website (collectively, the “Site”), Apps, and organizational services (collectively, the “Services”). If you do not agree with any of these Terms, do not access or otherwise use the Services or any information contained on the Services. Your use of the Services shall be deemed to be your agreement to abide by each of the Terms set forth below.
Clever Fox may make changes to the content and services offered on the Services at any time. Clever Fox can change these Terms at any time by posting updated terms of use on this Site and by sending registered users an email notice of the changes. If any modification is unacceptable to you, you shall cease using the Services. If you do not cease using the Services, you will be deemed to have accepted the change.
1. Registration
By registering to use the Services, you warrant that: (i) you will provide Clever Fox with accurate, current and complete registration information; (ii) you will maintain and promptly update any registration information you provide to Clever Fox; and (iii) you are not under the age of 18.
2. General Use Restrictions
Clever Fox provides personal development and organizational tools, applications and services on and through the Services, including content, logos, graphics and images (together, the “Materials”). These Materials are made available to you by Clever Fox and are the copyrighted and/or trademarked work of Clever Fox or Clever Fox’s contributors.
Clever Fox grants you a limited, personal, non-exclusive and non-transferable license to use and to display and to make one copy of the Materials and to use the Services solely for your personal use. Except for the license set forth in the preceding sentence above, you acknowledge and agree that you have no right to modify, edit, copy, reproduce, create derivative works of, reverse engineer, alter, enhance or in any way exploit any of the Materials in any manner. This limited license terminates automatically, without notice to you, if you breach any of these Terms. Upon termination of this limited license, you agree to immediately destroy any downloaded or printed Materials. Except as stated herein, you acknowledge that you have no right, title or interest in or to the Services or any Materials.
3. Your Content
You warrant that you have all rights to any content that you submit or upload to the Services (“Your Content”). You hereby grant to Clever Fox a non-exclusive license to use Your Content to provide you with the services and the functionality on the Services.
4. Password Restricted Areas
You may need a password to login to the Services and to use certain functions and areas within the Services. You are responsible for maintaining the confidentiality of your password and account, and you agree to notify Clever Fox if your password is lost, stolen, or disclosed to an unauthorized third-party, or otherwise may have been compromised. You are responsible for all activities that occur under your account. You agree to immediately notify Clever Fox of any unauthorized use of your account or any other breach of security in relation to the Services known to you.
5. Subscription Information & In-App Purchases
Subscriptions are based on in-app purchases (IAP). By subscribing to our APP(s) you are agreeing to an auto-renewable subscription based on IAP. Here is a description of the IAP subscription:
6. Electronic Communications
By using the Services, you consent to receiving electronic communications from Clever Fox. These electronic communications may include notices about applicable fees and charges, transactional information and other information concerning or related to our Services. These electronic communications are part of your relationship with Clever Fox and you receive them as part of your Subscription to the Services. You agree that any notices, agreements, disclosures, or other communications that we send you electronically will satisfy any legal communication requirements, including that such communications be in writing.
7. Privacy Policy
Your use of the Services is governed by the Clever Fox TopCert Privacy Policy, which is available at https://www.topcertapp.com/privacy-policy/ (the “Privacy Policy”).
8. Third-Party Content
Certain information and other content may be the material of third-party licensors and suppliers to Clever Fox (“Third Party Content”). The Third-Party Content is, in each case, the copyrighted and/or trademarked work of the creator/licensor. You agree to only display the Third-Party Content on your personal computer or mobile device solely for your personal use. You acknowledge and agree that you have no right to download, cache, reproduce, modify, display (except as set forth in this paragraph), edit, alter or enhance any of the Third-Party Content in any manner unless you have permission from the owner of the Third-Party Content. CLEVER FOX DISCLAIMS ALL EXPRESS, IMPLIED AND STATUTORY WARRANTIES AND CONDITIONS WITH REGARD TO THIRD PARTY CONTENT, INCLUDING, BUT NOT LIMITED TO, ALL IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT.
9. Links to Third-Party Sites
The Services and the emails we send you may link to other sites that are not Clever Fox sites. Clever Fox is providing these links and complementary products and services to you only as a convenience, and Clever Fox is not responsible for such linked sites and their offerings, including, without limitation, the content or links displayed on such sites. Any purchase you make on a third-party site is your responsibility.
10. Content Uploaded
Your Content will only be used as set forth in these Terms and the Privacy Policy and will not be shared with any third parties other than as set forth in these Terms and the Privacy Policy.
As part of our Services, you may elect to “share” certain parts of your non-public or personally identifiable information with specific persons. If you elect to share your non-public or personally identifiable information with specific persons, we will ask for that third party’s email address and we will only use their email address to send them or provide them with access to your non-public or personally identifiable information that you have specified. Once you invite other users to access and share your data, they will be able to see and change the personal information you choose to share with them. Clever Fox is not responsible for any privacy issues arising from you electively sharing your stored information with third-parties of your choosing.
11. Unauthorized Activities
Unauthorized use of any Materials or Third-Party Content contained on the Services may violate certain laws and regulations. You agree to indemnify and hold Clever Fox and its officers, directors, employees, affiliates, agents, licensors, and business partners harmless from and against any and all costs, damages, liabilities, and expenses (including attorneys’ fees and costs of defense) Clever Fox or any other indemnified party suffers in relation to, arising from, or for the purpose of avoiding, any claim or demand from a third party that your use of the Services, or the use of the Services by any person using your user name and/or password, violates any applicable law or regulation, or the intellectual property rights or other rights of any third party. Clever Fox may report to law enforcement authorities any actions that may be illegal, and any reports it receives of such conduct. When legally required or at Clever Fox’s discretion, Clever Fox will cooperate with law enforcement agencies in any investigation of alleged illegal activity on the Services.
12. Proprietary Rights
TopCert is a trademark of Clever Fox LLC in the United States. Other trademarks, names and logos on the Services are the property of their respective owners.
All content appearing on or available through the Services, including documents, services, site design, text, graphics, logos, images and icons, as well as the arrangement thereof, are the sole property of Clever Fox or its licensors. All rights not expressly granted herein are reserved. Except as expressly authorized by these Terms, or as otherwise required or limited by applicable law, any reproduction, distribution, modification, retransmission, or publication of any copyrighted material is strictly prohibited without the express written consent of the copyright owner or licensor.
13. Copyright and Trademark Infringements
Clever Fox respects the intellectual property rights of others, and we ask you to do the same. Clever Fox may, in appropriate circumstances and at our discretion, terminate service and/or access to the Services for users who infringe the intellectual property rights of others. If you believe that your work is the subject of copyright infringement and/or trademark infringement and appears on our Services, please provide Clever Fox’s designated agent the following information:
Clever Fox’s agent for notice of claims of copyright or trademark infringement on the Services can be reached through our compliance department. See below Terms for contact.
Please also note that for copyright infringements under Section 512(f) of the Copyright Act, any person who knowingly materially misrepresents that material or activity is infringing may be subject to liability.
14. Disclaimer of Warranties
Your use of the services is entirely at your sole risk. CLEVER FOX, FOR ITSELF AND ITS LICENSORS, MAKES NO EXPRESS, IMPLIED OR STATUTORY REPRESENTATIONS, WARRANTIES, OR GUARANTEES IN CONNECTION WITH THE SERVICES, MATERIALS, OR THIRD-PARTY CONTENT, RELATING TO THE QUALITY, SUITABILITY, TRUTH, ACCURACY OR COMPLETENESS OF ANY INFORMATION OR MATERIAL CONTAINED OR PRESENTED ON the services AND/OR THE RESULTS OBTAINED FROM THE USE OF the services, INCLUDING WITHOUT LIMITATION THE MATERIALS AND THE THIRD PARTY CONTENT. SPECIFICALLY, CLEVER FOX MAKES NO EXPRESS OR IMPLIED REPRESENTATION THAT THE USE OF THE SERVICES WILL RESULT IN YOUR ACHIEVEMENT OF ANY KIND. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE SERVICES, MATERIALS, THIRD-PARTY CONTENT, AND ANY INFORMATION OR MATERIAL CONTAINED OR PRESENTED ON THE SERVICES IS PROVIDED TO YOU ON AN “AS IS,” “AS AVAILABLE” AND “WHERE-IS” BASIS WITH NO WARRANTY OF IMPLIED WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT OF THIRD-PARTY RIGHTS. CLEVER FOX DOES NOT PROVIDE ANY WARRANTIES AGAINST VIRUSES, SPYWARE OR MALWARE THAT MAY BE INSTALLED ON YOUR COMPUTER OR MOBILE DEVICE. IN ADDITION, CLEVER FOX IS NOT RESPONSIBLE FOR THE VERIFICATION OR AUTHENTICITY OF ANY DOCUMENTATION UPLOADED AND STORED BY YOU OR ANY THIRD-PARTY UNLESS EXPLICITLY CLAIMED AS SUCH.
15. Limitation of Liability
CLEVER FOX SHALL NOT BE LIABLE TO YOU FOR ANY DAMAGES RESULTING FROM YOUR DISPLAYING, COPYING, OR DOWNLOADING ANY MATERIAL OR THIRD PARTY CONTENT TO OR FROM THE SERVICES. IN NO EVENT SHALL CLEVER FOX BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY INDIRECT, EXTRAORDINARY, EXEMPLARY, PUNITIVE, SPECIAL, INCIDENTAL, OR CONSEQUENTIAL DAMAGES (INCLUDING LOSS OF DATA, REVENUE, PROFITS, USE OR OTHER ECONOMIC ADVANTAGE) ARISING OUT OF OR RELATING TO THE SERVICES, EVEN IF CLEVER FOX KNOWS THERE IS A POSSIBILITY OF SUCH DAMAGE.
16. Local Laws; Export Control
Clever Fox controls and operates the Services from its headquarters in the United States of America, and the Materials and/or Third-Party Content may not be appropriate or available for use in other locations. If you use the Services outside the United States of America, you are responsible for following applicable local laws.
17. General
If you violate these Terms, Clever Fox may terminate and/or suspend your access to the Services without notice. Clever Fox has the right to terminate your account for any reason. You may terminate your account at any time, provided that any pre-paid fees will not be refunded. Once your account is cancelled, you will not be able to access Your Content; however, Clever Fox may retain Your Content for a period of up to 6 months before deleting it from the active system (except that some copies of your information may be retained on archival or backup media).
Louisiana law and controlling U.S. Federal Law, without regard to the choice or conflicts of law provisions, will govern these Terms. Any disputes relating to these Terms or the Services will be heard in the courts located in Livingston Parish in the State of Louisiana. If any of these Terms are found to be inconsistent with applicable law, then such term shall be interpreted to reflect the intentions of the parties, and no other terms will be modified. Clever Fox’s failure to enforce any of these Terms is not a waiver of such term. These Terms are the entire agreement between you and Clever Fox and supersede all prior or contemporaneous negotiations, discussions or agreements between you and Clever Fox about the Services. The proprietary rights, disclaimer of warranties, representations made by you, indemnities, limitations of liability and general provisions shall survive any termination of these Terms.
All time references within this document are estimated based upon Central Standard Time (CST).
ACCESSIBILITY: ADA & WCAG COMPLIANCE
We strive for compliance with all ADA and WCAG accessibility guidelines. However, if you experience an issue accessing or using our application, we apologize. We are constantly working to improve our apps and website developments. We ask that you please consider providing us with the details of your issue on our website here https://www.topcertapp.com/ada-compliance or you may contact use at:
Clever Fox Online
C/O Compliance Department
1113 Range Ave.
Ste 110-209
Denham Springs, LA 70726
Or contact us via email at compliance@cleverfox.online
