CL3VER 2017 TERMS AND CONDITIONS

The following terms and conditions (the “Terms”) apply to any individual or legal entity (“you”, “your”, “Customer” or “User”) using in some way services to be provided by Bevelity, LLC, a Delaware limited liability company doing business as CL3VER (“CL3VER”, “we”, “us”, “our”), through the online access or use of such services.

CL3VER does not sell products to or provide services for children. You must be at least 18 years of age to use the aforementioned services, however if you are at least 13 years of age, you may access the services with the involvement of a parent or guardian.

  1. DEFINITIONS

As used in these Terms, the following terms shall have the meaning indicated:

    1. Account” refers to concurrent User unique ID, associated to a password selected by Customer or User to download and install the Application and get access and use the Services.

    2. Affiliate” refers to, with regard to CL3VER, any company or legally recognizable entity that directly or indirectly: (a) controls CL3VER; (b) is controlled by CL3VER; or (c) is under common control with CL3VER, where control is defined as possession of the power to direct or cause the direction of the management and policies of a legally recognizable entity, through direct or indirect majority ownership or minimum percentage ownership that would grant CL3VER a controlling interest in such entity. An entity will be deemed as an Affiliate only so long as such control exists.

    3. Governing laws” refers to all constitutions, laws, statutes, codes, ordinances, orders, judgments, decrees, injunctions, rules, regulations, permits and legally binding requirements of all federal, country, international, state and local governmental authorities applicable to either party’s performance under these Terms.

    1. Application” refers to computer programs, Websites, services, Documentation, or files of any kind identified in Section 2., including all present and future bug fixes, corrections, modifications, Updates, new features or functionality, or Upgrades and localized Versions thereof.

    2. CLEVER 2017 Subscription” refers to the different features and functionality of the Services that CL3VER makes available to the public for their acquisition or trial use for a limited period of time. A CL3VER 2017 Subscription may include the User’s right to share his Projects with other Users. The specific extension of the aforementioned User’s right, if included, along with User’s CL3VER 2017 Subscription’s term, price, billing, pay mode conditions and the rest of its characteristics shall be detailed at www.cl3ver.com and www.cl3ver.io, and CL3VER’s offer or Distributor’s offer, if applicable.

    3. Content” refers to Autodesk™ Revit, Autodesk™ 3DS Max, Sketchup and Rhino files, and links to third parties information, such as music files, images files or other digital files, as well as Webs, which Customer or User legally owns or is legally entitled to use, edit or share with other Users, from which Users can create Projects by using the CL3VER 2017 according to Terms as set forth herein.

    4. Customer” refers to any individual or legal entity that purchases a CL3VER 2017 Subscription pursuant to these Terms.

    5. Data” refers to all data processed by, or available to, CL3VER pursuant to these Terms and all Personal Data.

    6. Distributor” refers to any individual of legal age or legal entity authorized by CL3VER or any of its Affiliates to resell CL3VER 2017 Subscriptions to Customers.

    7. Documentation” refers to any and all recorded documentation, regardless of form delivered or made available, that CL3VER has created for the Application including all localized Versions thereof.

    8. Hosting Services” refers to the hosting, maintenance, and administration of the Services on servers owned, leased or otherwise available for use by CL3VER.

    9. Intellectual Property” refers to discoveries, inventions, developments, improvements, works of authorship, databases, mask works, identifying marks, trade dress, confidential or proprietary information, know-how, designs, processes, technologies and other such items, and any related rights, including patents, patent applications, utility models, design rights, copyrights, moral rights, trade secrets, mask work registrations, trademarks and service marks, and all registrations, applications, renewals, extensions, combinations, divisions, continuation-in-part, continuations or reissues of any of the foregoing, now existing or hereafter filed, issued, or acquired.

    10. Invitation” refers to the right of a User to share his Projects with a third party, providing to such party, at the same time, with a CL3VER 2017 Subscription as per the specific features of the CL3VER 2017 Subscription of the aforementioned User.

    11. Personal Data” shall refer to any information related to any identified or identifiable natural or legal person, including but not limited to Customer’s employees and Customer or User, and any other additional data deemed as personal data under any applicable personal data protection laws.

    12. Project” refers to an interactive 3D presentation created by using the Services from the Content.

    13. Purchase Order” refers to the request of acquiring or the request of supplying a CL3VER 2017 Subscription, issued by a Customer via e mail, fax, CLEVER Website or CLEVER’s Apps to CL3VER or to any of its Distributors, pursuant the details of a previous offer made by CL3VER or by any of its Distributors.

    14. Services” refers to the services to be provided by CL3VER pursuant to these Terms as further described in Section 2., and includes without limitation the Hosting Services and Website services.

    15. Third Party Software” refers to third party software components included in the Application or the Services.

    16. Update” refers to data produced from time to time by CL3VER to keep a released version of the Application current as to functionality, or to correct any errors, install patches, fix bugs, or perform similar enhancements, and generally indicated by a change in the digit to the right of the decimal point (e.g. a change from version x.x to version x.y) or other similar indicia, with any corrections and updates to associated Documentation.

    17. Upgrade” refers to an Application release containing new enhancements, features or functionality which is generally indicated by a change in the digit to the left of the first decimal point (e.g. a change from version x.x. to y.x) or other similar indicia, with associated Documentation.

    18. User” refers to an individual Customer, Customer’s employee or a third party that have been provided with a CL3VER 2017 Subscription by a User who is entitled to do so, who uses a valid Account to install the Application and get access or/and use to the (cloud) Services as per the applicable CL3VER 2017 Subscription.

    19. User’s Reference Guides” refers to the “FAQ” and “Tutorials” concerning the use of the Services available at www.cl3ver.com and www.cl3ver.io, which Customer or Users acknowledged and confirms having read, and which the Customer will make available to all its Users.

    20. Version” refers to any updated or upgraded version of the Application or the Services that CL3VER chooses to make available to the public.

    21. Web” refers to the World Wide Web, a system for accessing and viewing text, graphics, sound and other media via the collection of computer networks known as the Internet.

    22. Website” refers to the collection of inter-related pages or documents on the Web containing the Application and the Services under the authorization of CL3VER, and which may be viewed in its entirety without leaving the applicable URL address.

  1. APPLICATION AND SERVICES DESCRIPTION

    1. CL3VER 2017 is a plugin subscription software that features offline and cloud functionality allows the creation and edition of Projects from existing Content and make Projects available via web browser or iOS, if available, to other Users. I.e., CL3VER 2017 allows Users to edit their Content offline and online in order to create Projects, as well as edit and share such Projects with other Users.

    2. Services consist of Customer’s access and authorization to use CL3VER 2017 via web logging at CL3VER Website, according to the license terms and limitations set forth herein, along with the cloud functionality; Services also provide a cloud workspace, accessible via web browser, once logged at CL3VER Website, where all Projects created by Users may be saved. Pursuant to the CL3VER 2017 Subscription purchased by Customer or made available by CL3VER or a User to third parties that shall accept the Terms (becoming Users), Users may be entitled to share Projects with other Users, allowing them, at the same time, to edit and download Projects from the aforementioned workspace. Users can also organize their workspace and obtain information about their Account.

    3. The technical requirements of the Application as well as of the Services are detailed at www.cl3ver.com and www.cl3ver.io, being you the sole responsible that your IT systems meet such requirements.

  1. RIGHTS GRANTED UNDER THESE TERMS. USER CONDUCT

    1. Customer or User are only granted with regard to the right to share their Projects, as per the limits described in the specific CL3VER 2017 Subscription purchased or supplied. In addition, Customer and User are granted a temporal, non-exclusive, non-transferable, license for the number of single Users and within the territory determined in CL3VER 2017 Subscription, i.e., to download and install one single copy of the Application per User, and to lawfully use the Services, for own Customer’s or User’s internal purposes and according to the features of the aforementioned CL3VER 2017 Subscription. You may only make use of the Services if you comply with all the provisions of these Terms and according to the specific CL3VER 2017 Subscription you have purchased or you have been supplied.

    2. You may not use spiders, robots, data mining techniques or other automated devices or programs to catalog, download or otherwise reproduce, store or distribute any kind of information available on the Services, except as established herein. You agree not to reproduce, duplicate, copy, sell, resell, or otherwise exploit the Application and the Services or any part thereof, for any other purpose than the intended herein, without the express written consent of CL3VER, except as authorized in these Terms.

    3. You are prohibited from framing or utilizing framing techniques to enclose any trademark, logo, or other proprietary information (including images, text, page layout, or form) of the Application and the Services without the express written consent of CL3VER. You are prohibited from using any meta tags or any other “hidden text” utilizing the Application and the Services’ name or trademarks without the express written consent of CL3VER. Any breach of the foregoing license terminates the rights granted by CL3VER under these Terms. Hypertext linking to CL3VER, the Application and the Services is permitted so long as the link does not portray CL3VER, or its products and services in a false, misleading, derogatory, or otherwise offensive matter. CL3VER reserves the right to disable any link to any website that we believe contains scandalous, offensive, obscene, scurrilous or inappropriate content or that, in the sole opinion of CL3VER, adversely affects the goodwill of CL3VER or any trademark or service mark of CL3VER or its Affiliates or suppliers. You may not use any CL3VER logo or other proprietary graphic or trademark as part of the link without the express written permission of CL3VER.

    4. Under these Terms, Customer or User is entitled to use the Application and the Services for as long as Customer or User complies with these Terms, and Customer or User is responsible for their compliance with these Terms.

    5. With regard to Content, Customer or User grants to CL3VER, only and exclusively for the purposes intended in these Terms, as well as for back-up purposes and legal defense purposes, an irrevocable, non-exclusive, worldwide, free-of-charge license to store, reproduce and communicate the Content. CL3VER must not store, reproduce or communicate the Content but for the previously aforementioned purposes.

  1. CL3VER 2017 subscription

    1. In order to obtain an Account, a Purchase Order must be made by Customer for one CL3VER 2017 Subscription, or a User must have been provided with a CL3VER 2017 Subscription by other User, provided that the CL3VER 2017 Subscription of such User (the latter) permits it.

    2. The information available at www.cl3ver.com and www.cl3ver.io and the provisions of CL3VER’s offer or Distributor’s offer shall be incorporated into these Terms, being part of thereof.

  2. DISTRIBUTION OF ACCOUNTS

    1. In order to install the Application and gain access to the Services, the Customer or the User will be provided with an Account or Accounts. The specific Account or Accounts will correspond to the CL3VER 2017 Subscription specific features purchased by the Customer or supplied by CL3VER or a User. CL3VER will activate the Account(s) and will make the Account(s) operative so that the Customer or User may install the Application and get access to the use of the Services according to these Terms, as soon as possible after receiving the Purchase Order, or a third party receives an Invitation by a User for a determined CL3VER 2017 Subscription.

Customer or User shall not share their Accounts. Customer or User are in any case responsible for the security of their Accounts.

  1. PAYMENTS and REFUNDS

    1. All payments due by Customer as per Section 4., shall be in US dollars.

    2. Customer agrees to provide, at any time, a valid credit card that will be used to pay the right to install the Application and the use of the Services as set forth in these Terms, and authorizes CL3VER to deduct the corresponding fees as per Section 4., from such credit card. Customer represents and warrants that is authorized to use such credit card and that any and all charges may be billed to such credit card and will not be rejected. CL3VER uses a third-party intermediary to manage credit card processing and this intermediary is not permitted to store, retain, or use Customer’s billing information except from when processing Customer’s credit card information on behalf of CL3VER. Please, consult the privacy policy in order to understand how CL3VER collects and disposes of Personal Data.

    3. Customer may also pay the applicable fees as per Section 4., via international transfer send to the Bank account indicated in CL3VER’s offer or Distributor’s offer.

    4. Customer shall pay or reimburse CL3VER for Value Added Tax (VAT), GST, PST, Sales and Use or any similar transaction taxes imposed on the sale of the Services sold to Customers under these Terms, provided the taxes are statutorily imposed either jointly or severally on Customer.

    5. CL3VER shall provide a refund only if CL3VER terminates the Services to Customer or User without cause, and prior to the time period included in the purchased or supplied CL3VER 2017 Subscription. In no other circumstances shall the Customer or the User be entitled to a refund from CL3VER.

CL3VER shall provide the correspondent invoice once the Customer has paid the CL3VER 2017 Subscription purchased. The term and conditions under which CL3VER shall send the aforementioned invoice will be detailed in the CL3VER 2017 Subscription effectively purchased.

  1. TERMINATION OF ACCOUNT

    1. The duration of each Account(s) will be the one specified in the CL3VER 2017 Subscription purchased or supplied to the Customer or User as per Section 4.

    1. CL3VER, Customer or User may terminate any Account:

  • Upon thirty (30) days written notice of a material breach by the other party, provided that such breach remains unresolved at the expiration of such thirty (30)-day period;

  • or if the other party becomes the subject of a petition for bankruptcy or any other procedure relating to insolvency, receivership, liquidation or assignment for the benefit of creditors.

    1. A party may terminate any Account without cause and for such party’s convenience by delivering written notice of such termination to the other party at least five (5) business days prior to the effectiveness of such termination. Upon the termination of an Account, User shall uninstall and remove from User’s IT systems the Application and any parts of thereof.

  1. CONFIDENTIALITY

    1. YOU AND CL3VER, ITS AFFILIATES AND DISTRIBUTORS ACCEPT TO MAINTAIN CONFIDENTIAL all THE ACTIVITIES AND COMMERCIAL SECRETS OF THE OTHER PARTY THAT MAY KNOW IN RELATION TO THE APPLICATION AND THE SERVICES, AS WELL AS TO MAINTAIN CONFIDENTIAL ANY DATA KNOWN BY THE OTHER PARTY BECAUSE OF THE APPLICATION AND THE SERVICES. in particular, cl3ver, ITS AFFILIATES AND DISTRIBUTORS commit to maintain confidential ALL the content.

    2. THE AFOREMENTIONED CONFIDENTIALITY OBLIGATIONS WILL NOT BE APPLICABLE TO: (A) ANY INFORMATION KNOWN BY THE PUBLIC, OR that has LATER become PUBLIC WITHOUT FAULT BY THE PARTY THAT HAS RECEIVED SUCH INFORMATION; (B) THE PARTY THAT HAS RECEIVED SUCH INFORMATION, HAS RECEIVED IT FROM A THIRD PARTY WITHOUT CONFIDENTIALITY obligations; (C) A PARTY ALREADY HAD SUCH INFORMATION WITHOUT CONFIDENTIALITY obligations; OR (D) THE OTHER PARTY HAS CREATED SUCH INFORMATION INDEPENDENTLY.

    3. the confidentiality OBLIGATIONS SET forth herein will remain in force for a period of twentyfour (24) months upon termination for any cause of this terms, notwithstanding the above, the content shall remain confidential in any case.

  2. DISCLAIMER of WARRANTIES

    1. You understand that we cannot and do not guarantee or warrant that files available for downloading from the internet or the Website will be free of viruses or other destructive code. You are responsible for implementing sufficient procedures and checkpoints to satisfy your particular requirements for anti-virus protection and accuracy of data input and output, and for maintaining a means external to our site for any reconstruction of any lost data. WE WILL NOT BE LIABLE FOR ANY LOSS OR DAMAGE CAUSED BY A DISTRIBUTED DENIAL-OF-SERVICE ATTACK, VIRUSES OR OTHER TECHNOLOGICALLY HARMFUL MATERIAL THAT MAY INFECT YOUR COMPUTER EQUIPMENT, COMPUTER PROGRAMS, DATA OR OTHER PROPRIETARY MATERIAL DUE TO YOUR USE OF THE WEBSITE OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE WEBSITE OR TO YOUR DOWNLOADING OF ANY MATERIAL POSTED ON IT, OR ON ANY SITE LINKED TO IT.

    2. CL3VER makes no representations or warranties of any of its services, third party hardware, or telecommunications networks utilized to provide the CL3VER services. CL3VER does not warrant that its services or information, content, or materials provided through the Services are completely secure, uninterrupted or error free.

    3. CL3VER and its Affiliates disclaim any other warranties, conditions, duties and representations (express, implied, oral and written) with respect to the Application and the Services, including without limitation all express, implied, and statutory warranties and conditions of any kind, such as title, non-interference with your enjoyment, authority, non-infringement, merchantability, fitness or suitability for any purpose (whether or not CL3VER knows or has reason to know of any such purpose), system integration, accuracy or completeness, results, reasonable care, workmanlike effort, lack of negligence, and lack of viruses, whether alleged to arise under law, by reason of custom or usage in trade, or by course of dealing. You further acknowledge that the Application and the Services are provided as a standard product that is not tailored, nor customized, nor developed according to the specific Customer’s or User’s need or requirements.

  3. LIMITATION OF LIABILITY

    1. THE APPLICATION AND THE SERVICES, INCLUDING, WITHOUT LIMITATION, ALL INFORMATION, CONTENT, MATERIALS AND PRODUCTS (INCLUDING SOFTWARE) MADE AVAILABLE THROUGH THE APPLICATION AND SERVICES IS PROVIDED “AS IS” AND “AS AVAILABLE”. WE MAKE NO REPRESENTATIONS OR WARRANTIES OF ANY KIND WHATSOEVER AS TO THE OPERATION OF THE APPLICATION, THE SERVICES OR THE INFORMATION, CONTENT, MATERIALS, AND PRODUCTS (INCLUDING SOFTWARE) MADE AVAILABLE THROUGH THE APPLICATION AND THE SERVICES. YOU EXPRESSLY AGREE THAT YOUR USE OF THE APPLICATION AND THE SERVICES IS AT YOUR SOLE RISK.

    2. TO THE FULLEST EXTENT PERMISSIBLE BY APPLICABLE LAW, WE DISCLAIM ANY EXPRESS OR IMPLIED WARRANTIES, INCLUDING, WITHOUT LIMITATION, NON-INFRINGEMENT, TITLE, MERCHANTABILITY, OR FITNESS FOR A PARTICULAR PURPOSE. CL3VER DOES NOT WARRANT THAT THE SERVICES; INFORMATION, CONTENT, MATERIALS OR PRODUCTS (INCLUDING SOFTWARE) MADE AVAILABLE THROUGH THE APPLICATION AND THE SERVICES; THEIR SERVERS; OR E-MAIL SENT FROM CL3VER ARE COMPLETELY SECURE, UNINTERRUPTED OR ERROR FREE, FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. CL3VER SHALL NOT BE LIABLE FOR THE USE OF THE APPLICATION AND THE SERVICES INCLUDING, WITHOUT LIMITATION, THE INFORMATION, CONTENT, MATERIALS AND PRODUCTS (INCLUDING SOFTWARE) MADE AVAILABLE THROUGH THE APPLICATION AND THE SERVICES AND ANY ERRORS CONTAINED THEREIN PROVIDED BY THIRD PARTIES. CL3VER SHALL NOT IN ANY CASE BE LIABLE UNDER ANY THEORY OF TORT, CONTRACT, STRICT LIABILITY OR OTHER LEGAL OR EQUITABLE THEORY FOR DAMAGES ARISING FROM THE USE OF THE APPLICATION AND THE SERVICES FOR ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, OR CONSEQUENTIAL DAMAGES, LOST PROFITS, LOST DATA, LOST OPPORTUNITIES, COSTS OF COVER, EXEMPLARY, PUNITIVE, OR PERSONAL INJURY / WRONGFUL DEATH EVEN IF CL3VER HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IF YOU ARE DISSATISFIED WITH THE APPLICATION AND THE SERVICES (INCLUDING THESE TERMS), YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USING THE APPLICATION AND THE SERVICES.

    3. BECAUSE CERTAIN STATE LAWS DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES OR THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES, SOME OR ALL OF THE ABOVE DISCLAIMERS, EXCLUSIONS, OR LIMITATIONS MAY NOT BE APPLICABLE TO YOU.

  4. INDEMNITY

You agree to indemnify, defend and hold harmless CL3VER, its officers, directors, employees, parents, subsidiaries, agents, Affiliates and business partners and/or licensors, from and against any and all claims, damages, obligations, losses, liabilities, costs or debt and expenses including reasonable attorneys’ fees arising from: any violation of these Terms; the Content, information and other materials that the User or anyone using an Account manipulate by using the Application or post on the Services or transmit to third parties; the User’s use of information, Content, materials and products (including software) made available by the Services, or; the User’s violation of any rights.

  1. PRIVACY

By providing Data to CL3VER or to a Distributor, you are consenting to the transfer of such information outside of your country to be processed by CL3VER in the USA. CL3VER has a firm commitment to safeguarding your privacy and Personal Data. Please, review our privacy policy at www.cl3ver.com and www.cl3ver.io. The terms of CL3VER’s privacy policy are incorporated into these Terms, being part of thereof.

  1. ASSIGNMENT

Customer or User shall not assign, by means of any remedy admitted by law, his legal position in these Terms to other persons or legal entities as well as other legal entities of its own group.

  1. OWNERSHIP

BEVELITY, S.L., a Spanish limited liability company, incorporated under the Spanish laws, with registered seat at Paseo de Vilafranca, 54, 1º 4ª, 08870 – Sitges, BARCELONA, SPAIN, and VAT number B65658544, owns all titles, ownership rights, and Intellectual Property rights regarding the Application and the Services. CL3VER (BEVELITY LLC) is duly authorized by BEVELITY, S.L., to sell the services covered by these Terms.

You shall not de-compile or reverse engineer the Application or the Services.

Customer or User shall be entitled to make only one back up copy, which shall never be used by the Customer or User, if not for the sole purpose of recovery.

  1. UPDATES OR UPGRADES

When the Customer or User is provided with Account(s) as set forth in Section 5., and for the duration of the CL3VER 2017 Subscription(s) purchased or supplied, the Customer will be entitled to access and use future Versions of the Application or the Services that CL3VER chooses to make available from time to time. CL3VER does not have any obligation to produce new Versions of either the Application or the Services available at any time. However, any Versions of the Application or the Services that CL3VER does make available to Customers or Users for the duration of the CL3VER 2017 Subscription(s) are considered part of the Application or the Services and shall be used under these Terms.

  1. SUPPORT

CL3VER does not have any support obligations with respect to either the Application or the Services, unless support is offered at www.cl3ver.com and www.cl3ver.io

  1. EXTERNAL LINKS

CL3VER may provide links to third-party websites or resources. You acknowledge and agree that CL3VER will not be responsible or liable for: the availability or accuracy of such websites or resources; or their content, products or services on or available at such websites or resources. Links to such websites or resources do not imply any endorsement by CL3VER of such websites or resources of their content, products or services available at such websites or resources. You accept all liability arising from the use of any such websites or resources.

  1. THIRD PARTY SOFTWARE

The Application or the Services may contain Third Party Software components. By entering into these Terms and using such Third Party Software, you are accepting the terms of Third Party Software licenses. In such case, the Third Party Software license terms will govern your use of the Third Party Software. You agree that the owners of the Third Party Software are intended third party beneficiaries to these Terms in relation to your use of Third Party Software.

  1. GENERAL PROVISIONS

    1. Force Majeure

CL3VER will not be liable for any delay in performance under these Terms caused by any “act of God” or other cause beyond CL3VER’s control.

    1. Entire Agreement

These Terms constitute the entire agreement between CL3VER and you with respect to the subject matter contained herein, and supersedes all prior and contemporaneous understandings, agreements and representations whether oral or written.

    1. Amendment of the Terms

At any time, CL3VER shall have the right to amend these Terms or set in force new terms regarding the Application and the Services. CL3VER will publish such changes at www.cl3ver.com and www.cl3ver.io Your continued use of the Application or the Services after such changes will constitute acceptance by you of thereof, provided that CL3VER has given written notice to you prior to the publication of such changes.

    1. Governing laws and Competent Courts

These Terms shall be governed by and construed in accordance with the laws of the State of California, USA, without regard to its conflict of law principles. Any dispute that may arise in connection with the interpretation or implementation of these Terms shall be submitted to the ordinary courts of Santa Clara County, California.

    1. Headings

The headings in these Terms are included for convenience only, and shall not affect the construction or interpretation of any provision in these Terms.

    1. Language

These Terms are drafted in American English. If they were to be translated into other languages, the American English version alone shall govern.

    1. Severability

Every term, condition or provision contained in these Terms is severable from others. If a Court or an arbitrator of competent jurisdiction holds any term, condition or provision of these Terms to be invalid, unenforceable or illegal as a whole or just in part for any reason, the validity and enforceability of the remaining terms, fractions, and even conditions or provisions, will not be affected.

    1. Survival

The following Sections shall survive the termination or expiration of the CL3VER 2017 Subscription(s) purchased or supplied: Section 8., DISCLAIMER of WARRANTIES, Section 9., LIMITATION OF LIABILITY, Section 10., INDEMNITY, Section 11., PRIVACY, Section 13., OWNERSHIP, Section 16., EXTERNAL LINKS, Section, 17., THIRD PARTY SOFTWARE and Section 18., GENERAL PROVISIONS and any provision that implies its survival through its language or context.

    1. Order of Precedence

In case of conflict between the provisions of these Terms and the provisions available at www.cl3ver.com and www.cl3ver.io, or the provisions of CL3VER’s offer or Distributor’s offer, the provisions of these Terms shall prevail in any case. Likewise, in case of conflict between the provisions available at www.cl3ver.com and www.cl3ver.io and the provisions of CL3VER’s offer or Distributor’s offer, the provisions of the first shall prevail in any case.

    1. Waiver

Failure by either CL3VER, Customer or User to enforce any provision of these Terms shall not constitute a waiver or affect its right to require the future performances thereof, nor shall its waiver of any breach of any provision of these Terms constitute a waiver of any subsequent breach or nullify the effectiveness of any provision. No waiver will be binding unless made in writing and signed by the party making the waiver.

Your Comments and Concerns

Please if you have questions or comments about T&C, contacts us through the next form, https://www.cl3ver.com/contact-us/ and select the subject “Other”

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