Disclaimer

IMPORTANT – PLEASE CAREFULLY READ AND UNDERSTAND THESE TERMS OF USE & SALE BEFORE ACCESSING, USING, OR SUBSCRIBING OR PLACING AN ORDER OVER https://kleptofinder.com/. THESE TERMS CONTAIN DISCLAIMERS OF WARRANTIES AND LIMITATIONS OF LIABILITIES (see Sections 11, 15, and 16). THESE TERMS FORM AN ESSENTIAL BASIS OF OUR AGREEMENT. PLEASE PRINT AND RETAIN A COPY OF THIS AGREEMENT FOR YOUR RECORDS.

The use of https://kleptofinder.com/ (hereafter “Website”), which is owned and maintained by Timfelly Ltd. ( “we,” “our,” “us”), is governed by the terms and conditions set forth below. We offer the Website, including all information, tools, and services available from the Website to you, the user, conditioned upon your acceptance of all terms and conditions stated here. By accessing, using, subscribing, or placing an order over the Website, you and your business (as applicable) agree to the terms set forth herein. If you do not agree to these terms and conditions in their entirety, you are not authorized to use the Website in any manner or form whatsoever.

THIS IS A BINDING AGREEMENT. THESE TERMS OF USE & SALE (“TERMS”) TOGETHER WITH OUR PRIVACY POLICY AND END USER LICENSE AGREEMENT FORM A LEGALLY BINDING AGREEMENT (“AGREEMENT”) BETWEEN YOU AND YOUR BUSINESS (AS APPLICABLE) (“YOU”) AND Timfelly Ltd, LLC. THIS AGREEMENT GOVERNS YOUR ACCESS TO AND USE OF THE WEBSITE, ANY ORDER YOU PLACE THROUGH THE WEBSITE, BY TELEPHONE, OR OTHER ACCEPTED METHOD OF PURCHASE, AND, AS APPLICABLE, YOUR USE OR ATTEMPTED USE OF THE PRODUCTS OR SERVICES OFFERED ON OR AVAILABLE THROUGH THE WEBSITE.

THIS AGREEMENT CONTAINS ARBITRATION AND CLASS ACTION WAIVER PROVISIONS THAT WAIVE YOUR RIGHT TO A COURT HEARING, RIGHT TO A JURY TRIAL, AND RIGHT TO PARTICIPATE IN A CLASS ACTION. ARBITRATION IS MANDATORY AND IS THE EXCLUSIVE REMEDY FOR ANY AND ALL DISPUTES UNLESS SPECIFIED BELOW IN SECTION 17.

We reserve the right to update and change, from time to time, these Terms and all documents incorporated by reference by posting updates and/or changes to our Website. It is your responsibility to check this page periodically for changes. Use of the Website after such changes constitutes acceptance of such changes. Any new features or tools which are added to the current Website shall also be subject to the Terms.

1. Table of Contents

Website Use
Website User Conduct and Restrictions-License Terms
Our Privacy Policy and Your Personal Information
Information You Provide; Registration; Passwords; Prohibition Against Hosting Third-Party Agency Accounts
Order Placement and Acceptance
30 Day Refund Policy
SUBSCRIPTION TERMS AND AUTOMATIC PAYMENT; PROMOTIONAL PRICING
Shipping Fees
Products, Services, and Prices Available on the Website
Interactive Features
DISCLAIMER – YOUR BUSINESS’ INDIVIDUAL SUCCESS WILL VARY
Your Responsibilities in Running Your Business
Testimonials, Reviews, and Pictures/Videos
DISCLAIMERS OF OTHER WARRANTIES
LIMITATIONS OF LIABILITIES
DISPUTE RESOLUTION BY MANDATORY BINDING ARBITRATION AND CLASS ACTION WAIVER
Kleptofinder’s Additional Remedies
Indemnification
Notice and Takedown Procedures; Copyright Agent
Third-Party Links
Termination
No Waiver
Governing Law and Venue
Force Majeure
Assignment
Electronic Signature
Changes to the Agreement
Your Additional Representations and Warranties
Severability
Entire Agreement
Contacting Us

SECTION 1 – WEBSITE USE

The Website is intended for use by adults or by minors who are supervised by an adult at all times. If you use the Website, you are affirming that you are at least 18 years old or the legal age of majority in your state or province of residence (whichever is greater), have the legal capacity to enter into a binding contract with us and have read this Agreement and understand and agree to its terms.

SECTION 2 – WEBSITE USER CONDUCT AND RESTRICTIONS-LICENSE TERMS

All aspects of our Website are protected by the U.S. and international copyright, trademark, and other intellectual property laws, including all content, information, design elements, text material, logos, taglines, metatags, hashtags, photographic images, testimonials, personal stories, icons, video and audio clips, and downloads. No material on the Website may be copied, reproduced, distributed, republished, uploaded, displayed, posted, or transmitted in any way whatsoever. Nothing herein gives you the right to use, copy, register as a domain name, reproduce, or otherwise display any logo, tagline, copyrighted material, trademark, trade name, patent, trade dress, trade secret, or confidential information owned by Timfelly Ltd.

Subject to your continued strict compliance with all Terms, Kleptofinder provides to you a revocable, limited, non-exclusive, royalty-free, non-sublicensable, non-transferable license to use the Website. You acknowledge and agree that you do not acquire any ownership rights in any material protected by intellectual property laws.

If you are purchasing one ofTimfelly Ltd’ software products, you agree to our End User License Agreement (“EULA”), which explains in detail your rights in connection with the software. The EULA is incorporated into this Agreement by reference.

You agree not to use or attempt to use the Website in any unlawful manner or a manner harmful to Kleptofinder. You further agree not to commit any harmful or unlawful act or attempt to commit any harmful or unlawful act on or through the Website.

By posting or submitting any material (including, without limitation, comments, blog entries, Facebook postings, photos, and videos) to us via the Website, internet groups, social media venues, or to any of our staff via email, text, or otherwise, you are representing: (i) that you are the owner of the material, or are making your posting or submission with the express consent of the owner of the material; and (ii) that you are thirteen years of age or older. In addition, when you submit, email, text or deliver or post any material, you are granting us, and anyone authorized by us, a royalty-free, perpetual, irrevocable, non-exclusive, unrestricted, worldwide license to use, copy, modify, transmit, sell, exploit, create derivative works from, distribute, and/or publicly perform or display such material, in whole or in part, in any manner or medium, now known or hereafter developed, for any purpose. The foregoing grant shall include the right to exploit any proprietary rights in such posting or submission, including, but not limited to, rights under copyright, trademark, service mark, or patent laws under any relevant jurisdiction. Also, in connection with the exercise of such rights, you grant us, and anyone authorized by us, the right to identify you as the author of any of your postings or submissions by name, email address, or screen name, as we deem appropriate.

You acknowledge and agree that any contributions originally created by you for us shall be deemed a “work made for hire” when the work performed is within the scope of the definition of a work made for hire in Section 101 of the United States Copyright Act, as amended. As such, the copyrights in those works shall belong to Kleptofinder from their creation. Thus, Kleptofinder shall be deemed the author and exclusive owner thereof and shall have the right to exploit any or all of the results and proceeds in any and all media, now known or hereafter devised, throughout the universe, in perpetuity, in all languages, as Kleptofinder determines. In the event that any of the results and proceeds of your submissions hereunder are not deemed a “work made for hire” under Section 101 of the Copyright Act, as amended, you hereby, without additional compensation, irrevocably assign, convey and transfer to Kleptofinder all proprietary rights, including without limitation, all copyrights, and trademarks throughout the universe, in perpetuity in every medium, whether now known or hereafter devised, to such material and any and all right, title and interest in and to all such proprietary rights in every medium, whether now known or hereafter devised, throughout the universe, in perpetuity. Any posted material which are reproductions of prior works by you shall be co-owned by us.

You acknowledge that Kleptofinder has the right but not the obligation to use and display any postings or contributions of any kind and that Kleptofinder may elect to cease the use and display of any such materials (or any portion thereof), at any time for any reason whatsoever.

You may establish a hypertext link to the Website so long as the link does not state or imply any sponsorship of your site by us or by the Website. However, you may not, without our prior written permission, frame or inline link any of the content of the Website, or incorporate into another website or other service any of our material, content, or intellectual property.

SECTION 3 – OUR PRIVACY POLICY AND YOUR PERSONAL INFORMATION

We respect your privacy and the use and protection of your non-public, personal information. Your submission of personal information through the Website is governed by our Privacy Policy. Our Privacy Policy may be viewed at www.kleptofinder.com/terms/privacy/. We reserve the right to modify our Privacy Policy at its reasonable discretion from time to time. Our Privacy Policy is incorporated into this Agreement by reference.

The subject matter of the contract, Conclusion of contract

-Kleptofinder detects and secures potential copyright violations for the Customer, assists the Customer in enforcing any claims arising therefrom (in particular compensation for damages, the establishment of the violation, issuance of a declaration to cease and desist) by selecting and engaging lawyers in the name of the Customer and advances the charges incurred by the Customer due to the enforcement of the respective claims arising from these copyright violations, in the absence of any provisions to the contrary.

- By submitting its photos, the Customer makes a binding offer to Kleptofinder to conclude a contract regarding the detection of potential copyright violations.

Notwithstanding the rights of Kleptofinder to reject certain Customers as contractual partners without giving any reason, the offer, and therefore the contract conclusion, is accepted either by means of an express declaration by Kleptofinder or by the ascertainment of potential copyright violations.

-Using a report form provided by Kleptofinder, the Customer confirms that the use of the photo is deemed to be a copyright violation and makes a binding offer to conclude an assistance agreement regarding assistance in the enforcement of the claims arising from the violation.

Notwithstanding the rights of Kleptofinderto reject certain orders without providing reasons, the offer, and therefore the contract conclusion is accepted either by means of an express declaration by Kleptofinderor by mediation of a lawyer. A request for further information or documents to review the claim does not constitute a declaration of acceptance.

SECTION 4 – INFORMATION YOU PROVIDE; REGISTRATION; PASSWORDS; PROHIBITION AGAINST HOSTING THIRD-PARTY AGENCY ACCOUNTS

To access certain features of the Website, we may ask you to provide certain demographic information including your gender, year of birth, zip code, and country. In addition, if you elect to sign up for a particular feature of the Website, such as chat rooms, web logs, or bulletin boards, or to purchase the right to use our software you may also be asked to register with us on the form provided and such registration may require you to provide personally identifiable information such as your name and email address. You warrant that the information you provide us is truthful and accurate and that you are not impersonating another person. In addition, to use certain features of the Website, you will need a username and password, which you will receive through the Website’s registration process. You are responsible for maintaining the confidentiality of any password you may use to access your Kleptofinder account, and you agree not to transfer your password or username, or lend or otherwise transfer your use of or access to your user account, to any third party. So-called “agency accounts,” or accounts in which you host funnels for third parties, are prohibited. Should your usage data indicate, in Kleptofinder’s sole and exclusive discretion, that you are operating an agency account, you will be subject to cancellation of your Kleptofinder account or enhanced pricing for your Kleptofinder user account, at Kleptofinder’s sole and exclusive discretion. You are fully responsible for all transactions with, and information conveyed to, Kleptofinder under your user account. You agree to immediately notify Kleptofinder of any unauthorized use of your password or user name or any other breach of security related to your user account. You agree that Timfelly Ltdis not liable, and you will hold Kleptofinder harmless, for any loss or damage arising from your failure to comply with any of the foregoing obligations. Please see Section 19 below for additional information.

SECTION 5 – ORDER PLACEMENT AND ACCEPTANCE

If you order a service or product, payment must be received by us before your order is accepted. We may require additional information regarding your order if any required information was missing or inaccurate, and may cancel or limit an order any time after it has been placed. Your electronic order confirmation, or any form of confirmation, does not signify our acceptance of your order. You must contact us immediately at [email protected] in order to modify or cancel your pending order. We cannot guarantee that we will be able to amend your order in accordance with your instructions.

All items are subject to availability. We will notify you if any item is not available, the expected availability date, and may offer you an alternative product or service. If the availability of any product or service is delayed and you do not wish to substitute the product or service, upon your request, we will cancel your order and if previously charged, your payment card will be fully refunded for that specific order. We reserve the right to limit the sales of our products and services to any person, geographic region, or jurisdiction. We may exercise this right on a case-by-case basis at our sole and exclusive discretion.

Your purchase order of products and other services is conditioned on you re-affirming your acceptance of this Agreement.

All advertised prices are in, and all payments shall be in U.S. Dollars.

SECTION 6 – 30-DAY REFUND POLICY

Kleptofinder has a 30-day refund policy if you are not happy with your purchase.

1. You must request a refund in writing by contacting [email protected];

2. Your request for a refund must be made within thirty (30) days of your purchase;

3. We do not offer refunds after the 30 day refund period has passed.

SECTION 7 – SUBSCRIPTION TERMS AND AUTOMATIC PAYMENT; PROMOTIONAL PRICING

A Kleptofinder user is responsible for paying all sums due to Kleptofinder in connection with their subscription and any optional in-software purchases and upgrades in accordance with these Terms. If you have a monthly subscription, the first fee payable in accordance with these Terms is due when the user account is set up and payment of the monthly fee is a condition of access. Every calendar month, your account will be charged the subscription fee plus applicable tax for the following month’s subscription, together with any other fees for the following month’s subscription and any amounts due for optional in-software purchases and upgrades made by the user plus any accumulated charges for the past period (collectively, “Fees”). ”). Annual subscriptions are billed in full at the time of purchase and of renewal. Initial fees for in-software purchases and upgrades plus taxes are charged at the time of purchase. Failure by the Kleptofinder user to use any of the services available through the service provided by Kleptofinder does not relieve the Kleptofinder user of their payment obligations under these Terms.

Potential users can pay by credit card or PayPal. Payment details shall be collected by us through our secure financial data collection mechanism. You acknowledge and agree that we hold data relating to the transaction, including the last four digits and the expiration date of the card used to purchase the products or services together with details on when payment is due. The Kleptofinder user further acknowledges and agrees that payments are due on a recurring basis in accordance with the payment terms for the specific product or service purchased (unless the subscription is canceled or terminated in accordance with these Terms of the EULA) and therefore authorizes the automatic payment collection terms applicable to that specific service (e.g., on a monthly or annual basis, as applicable, and for a specific amount).

IF YOU ARE A Kleptofinder USER WITH A MONTHLY OR ANNUAL SUBSCRIPTION AND YOU HAVE PROVIDED US WITH A VALID CREDIT CARD NUMBER OR PAYPAL INFORMATION, EACH PAYMENT WILL BE AUTOMATICALLY PROCESSED AT THE TIME OF YOUR DESIGNATED PAYMENT DATE (MONTHLY OR ANNUAL) AND WILL BE BILLED TO THE PAYMENT METHOD YOU PROVIDED TO US AT THE TIME OF YOUR ENROLLMENT. IF YOU WISH TO CANCEL YOUR SUBSCRIPTION TO Kleptofinder, YOU MAY DO SO BY E-MAILING [email protected] BEFORE THE FIRST DAY OF YOUR NEXT SUBSCRIPTION MONTH OR YEAR AND YOUR ACCOUNT WILL BE CLOSED AT THE END OF YOUR BILLING PERIOD.

If you are purchasing a subscription with a promotional one-time fee and no monthly fees, the following terms apply:

The one-time fee promotion grants you a paid web subscription to the Standard product bundle selected and paid for by you the user. No additional monthly base subscription fees will be charged. The promotional fee and applicable taxes are charged at the time of purchase.
The offer is for the Standard license with the optional opportunity to purchase the Enterprise license for a discounted subscription fee. You can opt for just the Standard license, but the discounted, subscription, Enterprise license is not a standalone purchase. You can only purchase the discounted Enterprise subscription upgrade after getting the Standard license.
Optional in-software purchases and upgrades by the user incur additional fees indicated at the time of purchase, and those will be charged at the time of the optional purchase or upgrade and, as applicable, monthly thereafter. There is no obligation to make optional in-software purchases or upgrades in order to use your paid Standard or Enterprise subscription.
Promotional subscriptions are subject to these Terms of Use, End User License Agreement, and Privacy Policy. Unless you make an in-software purchase or upgrade that requires payment of a recurring monthly fee, this Section 7 relating to recurring monthly fees will not apply to you.
One-time fee subscriptions are in effect for as long as the software is available commercially, unless terminated earlier in accordance with these Terms of Use or the End User License Agreement (e.g. if you violate these agreements).
In case of switching from a product to another product, a refund also can't be offered.

SECTION 8 – SHIPPING FEES

Unless otherwise stated on the Website at the time of purchase, if we ship you a physical product, we reserve the right to add applicable shipping and handling fees to your order. Unless otherwise stated, we will use commercially reasonable efforts to fulfill your order within a reasonable time after receipt of your properly completed and verified order. Accurate shipping address and phone number information are required. Although we may provide delivery or shipment timeframes or dates, such dates are good-faith estimates and are subject to change. If your order will be delayed, we will contact you at the e-mail address you provided when placing your order. If we are unable to contact you or you would like to cancel your order, we will cancel the order and refund the full amount charged. We shall not be liable for any loss, damage, cost, or expense related to any delay in shipment or delivery caused by any third-party carrier or other delivery services not owned or controlled by us. The risk of loss and title for such items pass to you upon our delivery to any third-party carrier.

SECTION 9 – PRODUCTS, SERVICES, AND PRICES AVAILABLE ON THE WEBSITE

Products, services, and prices are generally posted at the following URL but are subject to change: https://kleptofinder.com/. Kleptofinder reserves the right, without notice, to discontinue products or services or modify specifications and prices on products and services without incurring any obligation to you. Except as otherwise expressly provided for in these Terms, any price changes to your subscription or purchase of product(s) or services will take effect following email notice to you.

Price changes are effective on the first day of the month after the price change is posted. By accessing, using, subscribing, or placing an order over the Website, you authorize Kleptofinder to charge your account in the amount indicated for the value of the services or products you select, including any future price changes. If you request a downgrade in products or services, for a subscription that has monthly fees, the downgrade (and corresponding price reduction) will become effective on the first day of the month following your requested downgrade. By your continued use of Kleptofinder services, and unless you terminate your subscription as provided herein, you agree that Kleptofinder may charge your credit card monthly for the products and services you have selected, and you consent to any price changes for such services after e-mail notice has been provided to you.

Kleptofinder takes reasonable steps in an effort to ensure that the prices set forth on the Website are correct, and to accurately describe and display the items available on the Website. If the correct price of our product is higher than its stated price, we will, at our discretion, either contact you for instructions or cancel your order and notify you of such cancellation.

When ordering products or services, please note that Kleptofinder does not warrant that product or service descriptions are accurate, complete, current, or error-free, or that packaging will match the actual product that you receive. All sales are deemed final except as provided in Section 6 of these Terms. Kleptofinder’s descriptions of, or references to, products or services not owned by Kleptofinder are not intended to imply endorsement of that product or service or constitute a warranty by Kleptofinder.

SECTION 10 – INTERACTIVE FEATURES

This Website may include a variety of features, such as bulletin boards, web logs, chat rooms, and email services, which allow feedback to us and real-time interaction between users, and other features which allow users to communicate with others. Responsibility for what is posted on bulletin boards, web logs, chat rooms, and other public posting areas on the Website, or sent via any email services on the Website, lies with each user - you alone are responsible for the material you post or send. We do not control the messages, information or files that you or others may provide through the Website. It is a condition of your use of the Website that you do not:

Restrict or inhibit any other user from using and enjoying the Website;
Use the Website to impersonate any person or entity, or falsely state or otherwise misrepresent your affiliation with a person or entity;
Interfere with or disrupt any servers or networks used to provide the Website or its features, or disobey any requirements, procedures, policies, or regulations of the networks we use to provide the Website;
Use the Website to instigate or encourage others to commit illegal activities or cause injury or property damage to any person;
Gain unauthorized access to the Website, or any account, computer system, or network connected to this Website, by means such as hacking, password mining, or other illicit means;
Obtain or attempt to obtain any materials or information through any means not intentionally made available through this Website;
Use the Website to post or transmit any unlawful, threatening, abusive, libelous, defamatory, obscene, vulgar, pornographic, profane, or indecent information of any kind, including without limitation any transmissions constituting or encouraging conduct that would constitute a criminal offense, give rise to civil liability or otherwise violate any local, state, national or international law
Use the Website to post or transmit any information, software, or other material that violates or infringes upon the rights of others, including material that is an invasion of privacy or publicity rights or that is protected by copyright, trademark, or other proprietary rights, or derivative works with respect thereto, without first obtaining permission from the owner or rights holder;
Use the Website to post or transmit any information, software, or other material that contains a virus or other harmful component;
Use the Website to post, transmit, or in any way exploit any information, software, or other material for commercial purposes, or that contains advertising;
Use the Website to advertise or solicit to anyone to buy or sell products or services, or to make donations of any kind, without our express written approval; and/or
Gather for marketing purposes any email addresses or other personal information that has been posted by other users of the Website.

Any user failing to comply with the terms and conditions of this Agreement may be expelled from and refused continued access to, the message boards, chats, or other public forums in the future. Kleptofinder or its designated agents may remove or alter any user-created content at any time for any reason. Message boards, chats, and other public forums are intended to serve as discussion centers for users and subscribers. Information and content posted within these public forums may be provided by Kleptofinder’s staff, Kleptofinder’s outside contributors, or by users not connected with Kleptofinder, some of whom may employ anonymous user names. Kleptofinder expressly disclaims all responsibility and endorsement and makes no representation as to the validity of any opinion, advice, information, or statement made or displayed in these forums by third parties, nor are we responsible for any errors or omissions in such postings, or for hyperlinks embedded in any messages. Under no circumstances will we, our affiliates, suppliers, or agents be liable for any loss or damage caused by your reliance on information obtained through these forums. The opinions expressed in these forums are solely the opinions of the participants and do not reflect the opinions of Kleptofinder or any of its subsidiaries or affiliates.

Kleptofinder has no obligation whatsoever to monitor any of the content or postings on the message boards, chat rooms, or other public forums on the Websites. However, you acknowledge and agree that we have the absolute right to monitor the same at our sole discretion. In addition, we reserve the right to alter, edit, refuse to post, or remove any postings or content, in whole or in part, for any reason and to disclose such materials and the circumstances surrounding their transmission to any third party in order to satisfy any applicable law, regulation, legal process or governmental request and to protect ourselves, our clients, sponsors, users, and visitors.

SECTION 11 – DISCLAIMER - YOUR BUSINESS’ INDIVIDUAL RESULTS WILL VARY

Every online business is different, employing different strategic approaches and organizational structures, and offering different products and services. Therefore, individual results will vary from user to user. YOUR BUSINESS’ INDIVIDUAL RESULTS WILL VARY DEPENDING UPON A VARIETY OF FACTORS UNIQUE TO YOUR BUSINESS, INCLUDING BUT NOT LIMITED TO YOUR CONTENT, BUSINESS MODEL, AND PRODUCT AND SERVICE OFFERINGS.

Kleptofinder does not promise, guarantee, or warrant your business’ success, income, or sales. You understand and acknowledge that Kleptofinder will not at any time provide sales leads or referrals to you or your business. We do not guarantee your business’ success and based upon many market factors that we cannot control, the tools we provide may or may not be applicable to your specific business. Further, we do not make earnings claims, efforts claims, return on investment claims, or claims that our software, tools, or other offerings will make your business any specific amount of money, and it is possible that you will not earn your investment back. We do not sell a business opportunity, “get rich quick” program, guaranteed system, franchise system, or a business in a box. You should not purchase our products or services if that is your expectation.

SECTION 12 – YOUR RESPONSIBILITIES IN RUNNING YOUR BUSINESS

You are solely and exclusively responsible for complying with any and all applicable laws and regulations in running your business, including, but not limited to, all laws governing advertising and marketing claims, subscriptions, refunds, premium offers, tax laws, and all additional laws applicable to your business. Kleptofinder shall have no liability for your violation of any laws. You agree to indemnify Kleptofinder as set out in Section 19 below in the event that you and/or your business violates any law and a claim is threatened or asserted against Kleptofinder as a result.

SECTION 13 – TESTIMONIALS, REVIEWS, AND PICTURES/VIDEOS

Kleptofinder is pleased to hear from users and customers and welcomes your comments regarding our services and products. Kleptofinder may use testimonials and/or product reviews in whole or in part together with the name, city, and state of the person submitting it. Testimonials may be used for any form of activity relating to Kleptofinder’s services or products, in printed and online media, as Kleptofinder determines in its sole and exclusive discretion. Testimonials represent the unique experience of the participants and customers submitting the testimonial, and do not necessarily reflect the experience that you and your business may have using our services or products. As set forth above in Section 11, your business’ results will vary depending upon a variety of factors unique to your business and market forces beyond Kleptofinder's control.

Anything that you submit or post to the Website, provide us, and/or post on any social media, including without limitation, photographs, testimonials, ideas, know-how, techniques, questions, reviews, comments, and suggestions is and will be treated as non-confidential and non-proprietary, and we shall have the royalty-free, worldwide, perpetual, irrevocable, and transferable right to use, copy, distribute, display, publish, perform, sell, lease, transmit, adapt, and create derivative works from such submissions by any means and in any form, and to translate, modify, reverse-engineer, disassemble, or decompile such submissions.

Additionally, Kleptofinder reserves the right to correct grammatical and typing errors, shorten testimonials prior to publication or use and review all testimonials prior to publication or use. Kleptofinder shall be under no obligation to use any, or any part of, any testimonial or product review submitted.

SECTION 14 – DISCLAIMERS OF OTHER WARRANTIES

EXCEPT WHERE OTHERWISE INAPPLICABLE OR PROHIBITED BY LAW:
THE WEBSITE AND ALL CONTENT ARE PROVIDED ON AN “AS IS”, “AS AVAILABLE” BASIS WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO WARRANTIES OF TITLE OR IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. WE MAKE NO, AND EXPRESSLY DISCLAIM ANY AND ALL, REPRESENTATIONS AND WARRANTIES AS TO THE RELIABILITY, TIMELINESS, QUALITY, SUITABILITY, AVAILABILITY, ACCURACY, AND/OR COMPLETENESS OF ANY INFORMATION ON THIS WEBSITE. WE DO NOT REPRESENT OR WARRANT, AND EXPRESSLY DISCLAIM THAT: (A) THE USE OF THE WEBSITE OR ANY SOFTWARE WILL BE SECURE, TIMELY, UNINTERRUPTED OR ERROR-FREE, OR OPERATE IN COMBINATION WITH ANY OTHER HARDWARE, SOFTWARE, SYSTEM OR DATA, (B) THE WEBSITE, SOFTWARE, OR SERVICES WILL MEET YOUR REQUIREMENTS OR EXPECTATIONS, (C) ANY STORED DATA WILL BE ACCURATE OR RELIABLE, (D) THE QUALITY OF ANY PRODUCTS, SERVICES, SOFTWARE, INFORMATION, OR OTHER MATERIAL PURCHASED OR OBTAINED BY YOU THROUGH THE WEBSITE WILL MEET YOUR REQUIREMENTS OR EXPECTATIONS, (E) ERRORS OR DEFECTS IN THE WEBSITE WILL BE CORRECTED, OR (F) THE WEBSITE OR THE SERVER(S) THAT MAKE THE WEBSITE AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. ALL CONDITIONS, REPRESENTATIONS, AND WARRANTIES, WHETHER EXPRESS, IMPLIED, STATUTORY, OR OTHERWISE, INCLUDING, WITHOUT LIMITATION, ANY IMPLIED WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT OF THIRD PARTY RIGHTS, ARE HEREBY DISCLAIMED TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW.

SECTION 15 – LIMITATIONS OF LIABILITIES

EXCEPT WHERE OTHERWISE INAPPLICABLE OR PROHIBITED BY LAW, IN NO EVENT SHALL Timfelly Ltd, LLC OR ANY OF ITS OFFICERS, DIRECTORS, SHAREHOLDERS, EMPLOYEES, INDEPENDENT CONTRACTORS, TELECOMMUNICATIONS PROVIDERS, SUCCESSORS, ASSIGNS, AND/OR AGENTS BE LIABLE FOR ANY INDIRECT, SPECIAL, INCIDENTAL, EXEMPLARY, CONSEQUENTIAL, PUNITIVE, OR ANY OTHER DAMAGES, FEES, COSTS OR CLAIMS ARISING FROM OR RELATED TO THIS AGREEMENT, THE PRIVACY POLICY, THE END USER LICENSE AGREEMENT, THE SERVICES OR PRODUCTS, AND/OR YOUR OR A THIRD PARTY’S USE OR ATTEMPTED USE OF THE WEBSITE OR ANY SOFTWARE, SERVICE, OR PRODUCT, REGARDLESS OF WHETHER WE HAVE HAS HAD NOTICE OF THE POSSIBILITY OF SUCH DAMAGES, FEES, COSTS, OR CLAIMS. THIS INCLUDES, WITHOUT LIMITATION, ANY LOSS OF USE, LOSS OF PROFITS, LOSS OF DATA, LOSS OF GOODWILL, COST OF PROCUREMENT OF SUBSTITUTE SERVICES OR PRODUCTS, OR ANY OTHER INDIRECT, SPECIAL, INCIDENTAL, PUNITIVE, CONSEQUENTIAL, OR OTHER DAMAGES. THIS APPLIES REGARDLESS OF THE MANNER IN WHICH DAMAGES ARE ALLEGEDLY CAUSED, AND ON ANY THEORY OF LIABILITY, WHETHER FOR BREACH OF CONTRACT, TORT (INCLUDING NEGLIGENCE AND STRICT LIABILITY), WARRANTY, OR OTHERWISE.

IN NO EVENT SHALL Timfelly Ltd, LLC’S OR OUR AFFILIATES’, SUCCESSORS’ OR ASSIGNS’ LIABILITY TO YOU OR YOUR BUSINESS EXCEED THE AMOUNT OF THREE (3) TIMES THE PAYMENTS PAID BY YOU TO Kleptofinder FOR THE MONTH PRECEDING THE DATE IN WHICH THE FACTS GIVING RISE TO A CLAIM AGAINST US OR OUR AFFILIATES, SUCCESSORS OR ASSIGNS OCCURRED OR ONE-THOUSAND DOLLARS ($1,000), WHICHEVER IS GREATER.

SECTION 16 – DISPUTE RESOLUTION BY MANDATORY BINDING ARBITRATION AND CLASS ACTION WAIVER

PLEASE READ THIS ARBITRATION PROVISION CAREFULLY TO UNDERSTAND YOUR RIGHTS AND, AS APPLICABLE, YOUR BUSINESS’S RIGHTS. EXCEPT WHERE PROHIBITED BY LAW, YOU AGREE THAT ANY CLAIM THAT YOU OR YOUR BUSINESS MAY HAVE IN THE FUTURE MUST BE RESOLVED THROUGH FINAL AND BINDING CONFIDENTIAL ARBITRATION. YOU ACKNOWLEDGE AND AGREE THAT YOU AND YOUR BUSINESS ARE WAIVING THE RIGHT TO A TRIAL BY JURY. THE RIGHTS THAT YOU AND YOUR BUSINESS WOULD HAVE IF YOU WENT TO COURT, SUCH AS DISCOVERY OR THE RIGHT TO APPEAL, MAY BE MORE LIMITED OR MAY NOT EXIST. YOU AGREE THAT YOU AND YOUR BUSINESS MAY ONLY BRING A CLAIM IN AN INDIVIDUAL CAPACITY AND NOT AS A PLAINTIFF (LEAD OR OTHERWISE) OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE PROCEEDING. YOU FURTHER AGREE THAT THE ARBITRATOR MAY NOT CONSOLIDATE PROCEEDINGS OR CLAIMS OR OTHERWISE PRESIDE OVER ANY FORM OF A REPRESENTATIVE OR CLASS PROCEEDING.

THERE IS NO JUDGE OR JURY IN ARBITRATION, AND COURT REVIEW OF AN ARBITRATION AWARD IS LIMITED. HOWEVER, AN ARBITRATOR CAN AWARD ON AN INDIVIDUAL BASIS THE SAME DAMAGES AND RELIEF AS A COURT (INCLUDING INJUNCTIVE AND DECLARATORY RELIEF OR STATUTORY DAMAGES) AND MUST FOLLOW THESE TERMS AS A COURT WOULD.

If you have a complaint, dispute, or controversy, you agree to first contact us at [email protected] to attempt to resolve the dispute or controversy informally. Any controversy or claim arising out of or related to the use of the Website, any product, service, or software, the End User License Agreement, these Terms of Use & Sale, the Privacy Policy, or your relationship with us that cannot be resolved through such informal process or through negotiation within 120 days shall be resolved by binding, confidential arbitration administered by the American Arbitration Association (“AAA”), and judgment on the award rendered may be entered in any court having jurisdiction thereof. We agree that any claim we may have against you or your business will also be subject to this arbitration provision, except as provided in Sections 18 and 19 below. The arbitration will be conducted by a single neutral arbitrator in the English language in Columbus, Ohio unless we both agree to conduct the arbitration by telephone or written submissions. The arbitrator shall be selected by agreement of the parties or if the parties cannot agree, chosen in accordance with the Rules of the AAA. The arbitration will be conducted in accordance with the provisions of the AAA’s Commercial Arbitration Rules and Procedures, in effect at the time of submission of the demand for arbitration. The AAA’s rules are available at www.adr.org or by calling 1-800-778-7879. The arbitrator shall have the exclusive and sole authority to resolve any dispute relating to the interpretation, construction, validity, applicability, or enforceability of these Terms of Use & Sale, the Privacy Policy, the End User License Agreement, this arbitration provision, and any other terms incorporated by reference into these Terms of Use & Sale. The arbitrator shall have the exclusive and sole authority to determine whether any dispute is arbitrable. The arbitrator shall have the exclusive and sole authority to determine whether this arbitration agreement can be enforced against a non-signatory to this agreement and whether a non-signatory to this agreement can enforce this provision against you or us.

Payment of all filing, administration and arbitrator fees will be governed by the AAA’s Rules. In all other respects, the parties shall each pay their own additional fees, costs, and expenses, including, but not limited to, those for any attorneys, experts, documents, and witnesses.

The arbitrator shall follow the substantive law of the State of Ohio without regard to its conflicts of laws principles. Any award rendered shall include a confidential written opinion and shall be final, subject to appeal under the Federal Arbitration Act, 9 U.S.C. §§ 1-16, as amended. Judgment on the award rendered by the arbitrator may be entered in any court of competent jurisdiction.

You and we agree that disputes will only be arbitrated on an individual basis and shall not be consolidated, on a class-wide, representative basis, or with any other arbitration(s) or other proceedings that involve any claim or controversy of any other party. You and we expressly waive any right to pursue any class or other representative action against each other.

Failure or any delay in enforcing this arbitration provision in connection with any particular claim will not constitute a waiver of any rights to require arbitration at a later time or in connection with any other claims except that all claims must be brought within 1 year after the claim arises (the 1 year period includes the 120-day informal resolution procedures described above).

This arbitration provision sets forth the terms and conditions of our agreement to final and binding confidential arbitration and is governed by and enforceable under the Federal Arbitration Act, 9 U.S.C. §§ 1-16, as amended.

This provision survives termination of your account or relationship with us or the Website, bankruptcy, assignment, or transfer. If the class action waiver is deemed unenforceable (i.e., unenforceability would allow arbitration to proceed as a class or representative action), then this entire arbitration provision shall be rendered null and void and shall not apply. If a portion of this arbitration provision (other than the class action waiver) is deemed unenforceable, the remaining portions of this arbitration provision shall remain in full force and effect.

YOU UNDERSTAND THAT YOU AND YOUR BUSINESS WOULD HAVE HAD A RIGHT TO LITIGATE THROUGH A COURT, TO HAVE A JUDGE OR JURY DECIDE YOUR CASE, AND TO BE PARTY TO A CLASS OR REPRESENTATIVE ACTION. HOWEVER, YOU UNDERSTAND AND AGREE TO HAVE ANY CLAIMS DECIDED INDIVIDUALLY AND ONLY THROUGH BINDING, FINAL, AND CONFIDENTIAL ARBITRATION IN ACCORDANCE WITH THIS ARBITRATION PROVISION.

SECTION 17 – Kleptofinder’s ADDITIONAL REMEDIES

In order to prevent or limit irreparable injury to Kleptofinder, in the event of any breach or threatened breach by you of the provisions of this Agreement, the End User License Agreement, or any infringement or threatened infringement by you of the intellectual property of Kleptofinder or a third-party, Kleptofinder shall be entitled to seek a temporary restraining order and preliminary and permanent injunctions or other equitable relief from a court of competent jurisdiction located in Columbus, Ohio restraining such breach, threatened breach, infringement, or threatened infringement. Nothing in this Agreement shall be construed as prohibiting Kleptofinder from pursuing in court any other remedies available to it for such breach, threatened breach, infringement, or threatened infringement, including the recovery of monetary damages from you and your business. You and your business hereby irrevocably consent to the exclusive personal jurisdiction of, and exclusive venue in, the courts of Columbus, Ohio for all such claims, and forever waive any challenge to said courts’ exclusive jurisdiction or venue.

SECTION 18 – INDEMNIFICATION

To the fullest extent permitted by law, you agree to defend, indemnify, and hold harmless Timfelly Ltd., its directors, officers, employees, shareholders, licensors, independent contractors, subcontractors, suppliers, affiliates, parent companies, subsidiaries, successors, assigns, and agents from and against any and all claims, actions, loss, liabilities, damages, expenses, demands, and costs of any kind, including, but not limited to attorneys’ fees and costs of any litigation or other dispute resolution, arising out of, resulting from, or in any way connected with or related to (1) your use, misuse, or attempt to use the Website, software, products, or services, (2) information you submit or transmit through the Website, (3) your breach of these Terms, the End User License Agreement, the Privacy Policy, or the representations and warranties provided by you in this Agreement, or (4) your violation of any law or the rights of a third-party, negligence, willful misconduct, and/or any infringement or misappropriation of any intellectual property of a third-party.

SECTION 19 – NOTICE AND TAKEDOWN PROCEDURES; COPYRIGHT ACT

If you believe that materials or content available on the Website infringes any copyright you own, you or your agent may send Kleptofinder a notice requesting that Kleptofinder remove the materials or content from the Website. If you believe that someone has wrongly filed a notice of copyright infringement against you, you may send Kleptofinder a counter-notice. Notices and counter-notices should be sent by e-mail to Kleptofinder’s Copyright Agent at [email protected] with the subject line “DMCA Notice” or “DMCA Counter-Notice”, and the e-mail must include all information and affirmations required by the Digital Millennium Copyright Act.

SECTION 20 – THIRD-PARTY LINKS

The Website may contain links to other websites. This may include the opportunity to purchase many different types of products and services online that are provided by third parties. Kleptofinder assumes no responsibility for the content or functionality of any non-Kleptofinder website to which we provide a link. If you make a purchase from a merchant on the Website or on a site linked to by the Website, the information obtained during your visit to that merchant’s online store or site, and the information that you give as part of the transaction, such as your credit card number and contact information, may be collected by both the merchant and us. Furthermore, a merchant may have privacy and data collection policies and procedures that are different from ours. Please see our Privacy Policy for more details. For more information regarding a merchant, its online store, its privacy policies, and/or any additional terms and conditions that may apply, visit that merchant’s website and click on its information links or contact the merchant directly.

Your participation, correspondence, or business dealings with any third party found on or through the Website, regarding payment and delivery of specific goods and services, and any other terms, conditions, representations, or warranties associated with such dealings, are solely between you and such third party. You agree that Kleptofinder shall not be responsible or liable for any loss, damage, or other matters of any sort incurred as the result of such dealings.

You agree to be financially responsible for all purchases made by you or someone acting on your behalf through the Website. You agree to use the Website and to purchase services or products through the Website for legitimate purposes only. You also agree not to make any purchases for speculative, false, or fraudulent purposes or for the purpose of anticipating demand for a particular product or service. You agree to only purchase goods or services for yourself or for another person for whom you are legally permitted to do so.

SECTION 21 – TERMINATION

This Agreement will take effect (or shall re-take effect) at the time you use the Website, click “BUY NOW!,” “ORDER NOW”, “I ACCEPT”, “I AGREE” or similar links or buttons, otherwise submit information through the Website, respond to a request for information, begin installing, accessing, or using the Website, complete a purchase, select a method of payment, and/or enter in payment method information, whichever is earliest. If, in our sole discretion, you fail, or we suspect that you have failed, to comply with any term or provision of the Agreement, we may terminate the Agreement or suspend your access to the Website at any time without notice to you. Sections 11, 12, 14 through 19, and 23 through 31 of this Agreement, as well as any representations, warranties, and other obligations made or undertaken by you, shall survive the termination of this Agreement and/or your account or relationship with Kleptofinder.

Upon termination, you remain responsible for any outstanding payments to Kleptofinder.

SECTION 22 – NO WAIVER

No failure or delay on our part in exercising any right, power or remedy under this Agreement may operate as a waiver, nor may any single or partial exercise of any such right, power, or remedy preclude any other or further exercise of such right, power, or remedy, or the exercise of any other rights, power, or remedy under this Agreement. A waiver of any right or obligation under this Agreement shall only be effective if in writing and signed by us.

SECTION 23 – GOVERNING LAW AND VENUE

This Agreement and any issue or dispute arising out of or otherwise related to this Agreement or your access to or use of the Website, our Privacy Policy, the End User License Agreement, or any matter concerning Kleptofinder, including your purchase and use or attempted use of any service or product, shall be governed exclusively by the laws of State of Ohio without regard to its conflicts of laws principles. To the extent that any claim or dispute is found by the arbitrator or (if proper) a court of competent jurisdiction to be excluded from the arbitration agreement in Section 17 above, the parties agree that any such claim or dispute shall be exclusively brought in and decided by the courts located in United Kingdon, and you and Kleptofinder hereby irrevocably consent to the exclusive personal jurisdiction of, and exclusive venue in, such courts, and forever waive any challenge to said courts’ exclusive jurisdiction or venue. All such claims must be brought on an individual and non-class, non-representative basis, and the parties forever waive any right to bring such claims on a class-wide or representative basis.

SECTION 24 – FORCE MAJEURE

We will not be responsible to you for any delay, damage, or failure caused or occasioned by any act of nature or other causes beyond our reasonable control.

SECTION 25 – ASSIGNMENT

We may assign this Agreement or our rights hereunder at any time, without notice to you. Our assignee of this Agreement will have the same rights as we do hereunder. Your rights or obligations arising under this Agreement cannot be assigned without our (or our assigns’) express written consent.

SECTION 26 – ELECTRONIC SIGNATURE

All information communicated on the Website is considered electronic communication. When you communicate with Kleptofinder through or on the Website or via other forms of electronic media, such as e-mail, you are communicating with the company electronically. You agree that we may communicate electronically with you and that such communications, as well as notices, disclosures, agreements, and other communications that we provide to you electronically, are equivalent to communications in writing and shall have the same force and effect as if they were in writing and signed by the party sending the communication.

SECTION 27 – CHANGES TO THE AGREEMENT

You can review the most current version of the Terms at any time here. We reserve the right, at our sole discretion, to update, change or replace any part of the Agreement, including the Privacy Policy and End User License Agreement, by posting updates and changes to our Website. It is your responsibility to check our Website periodically for changes. Your continued use of or access to our Website following the posting of any changes to the Agreement constitutes acceptance of those changes.

SECTION 28 – YOUR ADDITIONAL REPRESENTATIONS AND WARRANTIES

You hereby further represent and warrant: (1) that you are at least eighteen (18) years of age, or the legal age of majority in your jurisdiction, whichever is greater; (2) that you have read this Agreement and thoroughly understand and agree to the terms contained in this Agreement; and (3) that you will not re-sell, re-distribute, or export any product or service that you order from the Website. You further represent that Kleptofinder has the right to rely upon all information provided to Kleptofinder by you, and Kleptofinder may contact you and your business by email, telephone, or postal mail for any purpose, including but not limited to (i) follow-up calls, (ii) satisfaction surveys, and (iii) inquiries about any orders you placed, or considered placing, on or through the Website.

SECTION 29 – SEVERABILITY

If any provision of this Agreement is found by the arbitrator or (if proper) a court of competent jurisdiction to be invalid or unenforceable, the remaining provisions shall not be affected thereby and shall continue in full force and effect and such provision may be modified or severed from this Agreement to the extent necessary to make such provision enforceable and consistent with the remainder of the Agreement.

SECTION 30 – ENTIRE AGREEMENT

These Terms, the Privacy Policy the End User License Agreement, and any policies or operating rules posted by us on the Website or in respect to the Website constitute the entire agreement and understanding between you and your business and Kleptofinder and governs your access and use of the Website and your ordering, purchasing, and use and/or attempted use of any service or product, and supersedes and replaces any prior or contemporaneous agreements, representations, communications, and proposals, whether oral or written, between you and Kleptofinder. We may also, in the future, offer new services and/or features through the Website. Such new features and/or services shall also be subject to these Terms, the Privacy Policy, the End User License Agreement, and any policies or operating rules and additional terms for such services or features posted by us on the Website. Any ambiguities in the interpretation of these Terms, the Privacy Policy, or the End User License Agreement shall not be construed against the drafting party.

SECTION 31 – CONTACTING US

We encourage our customers to contact us with questions or comments about our products and services. Please feel free to do so by sending an e-mail to [email protected]

If you have any questions or inquiries concerning any of the Terms, you may contact Kleptofinder by e-mail at [email protected]. Please understand we do not provide legal advice when we respond to your inquiries or provide you feedback.

Notices to you may be made by posting a notice (or a link to a notice) on www.kleptofinder.com/app/legal/terms, by e-mail, or by regular mail, at Kleptofinder’s discretion.