TERMS OF USE

Last Modified: March 13, 2023

OVERVIEW AND ACCEPTANCE

This website is operated by Cloverland Home, LLC., a Massachusetts limited liability company (“Cloverland”). Throughout these Terms of Use, the terms “we”, “us” and “our” refer to Cloverland. We offer this website, including all information, tools and services available from this website to you, the user, conditioned upon your acceptance of all terms, conditions, policies and notices stated here.

PLEASE READ THESE TERMS OF USE CAREFULLY BEFORE USING OR ACCESSING OUR WEBSITE.

By using or accessing any part of this website (including purchasing something from the website), you are engaging our services and you agree to be bound by these Terms of Use and all incorporated references, including our Terms of Sale and Privacy Policy. If you do not agree to all the terms and conditions of this agreement governing our services, then you must not access the website or use any of its services. These Terms of Use apply to all users of the site, including without limitation users who are browsers, vendors, customers, merchants, or contributors of content.

This website is offered and available to users who are 18 years of age or older, and reside in the United States. By using this website, you represent and warrant that you meet all of the foregoing eligibility requirements. If you do not meet all of these requirements, you must not access or use the website.

Any new features or tools which are added to the current store shall also be subject to the Terms of Use. You can review the most current version of the Terms of Use at any time on this page. We reserve the right to update, change or replace any part of these Terms of Use by posting updates or changes to our website. All updates and changes will be effective immediately when we post them. It is your responsibility to check this page periodically for changes. Your continued use of or access to the website following the posting of any updates or changes constitutes acceptance of those updates or changes.

TERMS OF SALE

The general purpose of this website is to provide and sell you our products and services. In addition to these Terms of Use, all conditions of quote, offer, acceptance, purchase, sale, shipping, rejection, denial, return, refund, and any other contractual terms related to our products and applicable to consumers are governed by our Terms of Sale, whether or not you have purchased such products or explicitly agreed to the Terms of Sale.

GENERAL CONDITIONS OF SERVICE AND INFORMATION

The services and information presented on or through this website (whether by us or other users) is made available solely for general information purposes. We do not warrant the accuracy, completeness, or usefulness of this information. Because of this, any reliance you place on such information is strictly at your own risk and we disclaim all liability and responsibility arising from any reliance placed on such materials by you or any other visitor to the website, or by anyone who may be informed of any of its contents. 

We reserve the right to withdraw or amend this website, and any service or material we provide on the website, in our sole discretion without notice. From time to time, we may also restrict access to some parts of the website, or the entire website, to users, including registered users.

You understand that your content (not including credit card information), may be transferred unencrypted and involve both (i) transmissions over various networks and (ii) changes to conform and adapt to technical requirements of connecting networks or devices. Credit card information is always encrypted during transfer over networks.

PERSONAL INFORMATION

Your submission of personal information through the store is governed by our Privacy Policy, which can be viewed here: https://www.cloverlandhome.com/pages/privacy-policy

OPTIONAL TOOLS AND THIRD-PARTY LINKS

We may provide you with access to third-party tools over which we neither monitor nor have any control nor input. You acknowledge and agree that we provide access to such tools “as is” and “as available” without any warranties, representations or conditions of any kind and without any endorsement. 

Certain content, products and services available via our service may also include materials from third-parties. Third-party links on this website may direct you to third-party websites that are not affiliated with us. We are not responsible for examining or evaluating the content or accuracy and we do not warrant and will not have any liability or responsibility for any third-party materials or websites, or for any other materials, products, or services of third-parties. 

We are not liable for any harm or damages related to the purchase or use of goods, services, resources, content, or any other transactions made in connection with any third-party websites.

USER COMMENTS, FEEDBACK AND OTHER SUBMISSIONS

If, at our request, you send certain specific submissions (for example contest entries) or without a request from us, you send creative ideas, suggestions, proposals, plans, or other materials, whether online, by email, by postal mail, or otherwise (collectively, “comments”), you agree that we may, at any time, without restriction, edit, copy, publish, distribute, translate and otherwise use in any medium any comments that you forward to us. We are and shall be under no obligation (i) to maintain any comments in confidence, (ii) to pay compensation for any comments, or (iii) to respond to any comments. 

You agree that your comments will not be unlawful, offensive, deceptive, threatening, libelous, defamatory, pornographic, obscene or otherwise objectionable, or violate any party’s intellectual property, privacy, or other personal rights or these Terms of Use. You further agree that your comments will not contain any computer virus or other malware that could in any way affect the operation of the service or any related website. You also may not use a false email address, pretend to be someone other than yourself, or otherwise mislead us or third-parties as to the origin of any comments. You are solely responsible for any comments you make and their accuracy. We take no responsibility and assume no liability for any comments posted by you or any third-party, and you will indemnify us against any claims or damages we incur related to your comments. 

We may, but have no obligation to, monitor, edit or remove content that we determine in our sole discretion to be in violation of the above or for any other reason. We may also disclose your identity or other information about you to any third party who claims that comments by you violate their rights, including their intellectual property rights or their right to privacy.

ACCOUNT SECURITY

If you choose, or are provided with, a username, password, or any other piece of information as part of our security procedures, you must treat such information as confidential, and you must not disclose it to any other person or entity. You also acknowledge that your account is personal to you and agree not to provide any other person with access to this website or portions of it using your username, password, or other security information. You agree to notify us immediately of any unauthorized access to or use of your username or password or any other breach of security. You also agree to ensure that you exit from your account at the end of each session. You should use particular caution when accessing your account from a public or shared computer so that others are not able to view or record your password or other personal information.

We have the right to disable any username, password, or other identifier, whether chosen by you or provided by us, at any time.

ERRORS AND OMISSIONS

Occasionally there may be information on our website or in the service that contains typographical errors, inaccuracies or omissions that may relate to product descriptions, pricing, promotions, offers, product shipping charges, transit times and availability. We reserve the right to correct any errors, inaccuracies or omissions, and to change or update information or cancel orders if any information in the service or on any related website is inaccurate at any time without prior notice (including after you have submitted your order).

We undertake no obligation to update, amend or clarify information in the service or on any related website, including without limitation, pricing information, except as required by law. No specified update or refresh date applied in the service or on any related website, should be taken to indicate that all information in the service or on any related website has been modified or updated.

PROHIBITED USES

In addition to any other prohibitions in these Terms of Use, you are prohibited from using the website, the services, or the website content: (i) for any unlawful purpose, (ii) to solicit others to perform or participate in any unlawful acts, (iii) to violate any international, federal, provincial or state regulations, rules, laws, or local ordinances, (iv) to infringe upon or violate our intellectual property rights or the intellectual property rights of others, (v) to harass, abuse, insult, harm, defame, slander, disparage, intimidate, or discriminate based on gender, sexual orientation, religion, ethnicity, race, age, national origin, or disability, (vi) to submit false or misleading information, (vii) to upload or transmit viruses or any other type of malicious code that will or may be used in any way that will affect the functionality or operation of the service or of any related website, other websites, or the Internet, (viii) to collect or track the personal information of others, (ix) to spam, phish, pharm, pretext, spider, crawl, or scrape, (x) for any obscene or immoral purpose, (xi) to interfere with or circumvent the security features of the service or any related website, other websites, or the Internet, or (xii) in any manner that could disable, overburden, damage, or impair the website or interfere with any other party’s use of the website. 

We reserve the right to terminate your use of the service or any related website for violating any of the prohibited uses.

INTELLECTUAL PROPERTY RIGHTS

The Company name, the terms “Cloverland” and “Cloverland Home,” the Company’s logo, and all related names, logos, product and service names, designs, and slogans are trademarks of the Company or its affiliates or licensors. You must not use such marks without the prior written permission of the Company. All other names, logos, product and service names, designs, and slogans on this website are the trademarks of their respective owners.

This website and its entire contents, features, and functionality (including but not limited to all information, software, text, displays, images, video, and audio, and the design, selection, and arrangement) are owned by us, our licensors, or other providers of such material and are protected by United States and international copyright, trademark, patent, trade secret, and other intellectual property or proprietary rights laws.

These Terms of Use permit you to use the website for your personal, non-commercial use only.

You must not reproduce, distribute, modify, create derivative works of, publicly display, publicly perform, republish, download, store, or transmit any of the material on our website, except that (i) your computer may temporarily store copies of such materials in RAM incidental to your use of the website, (ii) you may store files that are automatically cached by your web browser for display enhancement purposes, (iii) you may print or download one copy of a reasonable number of pages for the website for your own, personal, non-commercial use and not for further reproduction, publication or distribution, and (iv) you may engage with any social media linking features that we provide via the website. However, you may not (i) modify copies of any materials from the website or (ii) delete or alter any copyright, trademark, or other proprietary rights notices from copies of materials from the website.

If you print, copy, modify, download, or otherwise use or provide any other person with access to any part of the website in breach of these Terms of Use, your right to use the website will immediately stop and you must, at our option, return or destroy any copies of the materials you have made. No right, title, or interest in or to the website or any content on the website is transferred to you, and all rights not expressly granted are reserved by us.

DISCLAIMER OF WARRANTIES

YOUR USE OF THE WEBSITE, ITS CONTENT, AND ANY SERVICES OR ITEMS OBTAINED THROUGH THE WEBSITE IS AT YOUR OWN RISK. THE WEBSITE, ITS CONTENT, AND ANY SERVICES OR ITEMS OBTAINED THROUGH THE WEBSITE ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS, WITHOUT ANY WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, STATUTORY, OR OTHERWISE, INCLUDING BUT NOT LIMITED TO ANY WARRANTIES OF MERCHANTABILITY, NON-INFRINGEMENT, OR FITNESS FOR A PARTICULAR PURPOSE. 

NEITHER WE, NOR ANY PERSON ASSOCIATED WITH US MAKES ANY WARRANTY OR REPRESENTATION WITH RESPECT TO THE COMPLETENESS, SECURITY, RELIABILITY, QUALITY, ACCURACY, OR AVAILABILITY OF THE WEBSITE AND NEITHER WE NOR ANY PERSON ASSOCIATED WITH US REPRESENTS OR WARRANTS THAT THE WEBSITE, ITS CONTENT, OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE WEBSITE WILL BE ACCURATE, RELIABLE, ERROR-FREE, OR UNINTERRUPTED, THAT DEFECTS WILL BE CORRECTED, THAT OUR WEBSITE OR THE SERVER THAT MAKES IT AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS, OR THAT THE WEBSITE OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE WEBSITE WILL OTHERWISE MEET YOUR NEEDS OR EXPECTATIONS. 

INDEMNIFICATION

You agree to indemnify, defend and hold harmless Cloverland and our parent, subsidiaries, affiliates, partners, officers, directors, agents, contractors, licensors, service providers, subcontractors, suppliers, interns and employees, harmless from any claim or demand, including reasonable attorneys’ fees, made by any third-party due to or arising out of your breach of these Terms of Use or the documents and agreements they incorporate by reference, or your violation of any law or the rights of a third-party.

LIMITATION OF LIABILITY

To the fullest extent allowed by law, and except in the case of our gross negligence or willful misconduct OR ARISING FROM THE SALE OF OUR PRODUCTS (WHICH IS GOVERNED BY OUR TERMS OF SALE), in no event shall we, our directors, officers, employees, affiliates, agents, contractors, interns, suppliers, service providers or licensors be liable for any injury, loss, claim, or any direct, indirect, incidental, punitive, special, or consequential damages of any kind, including, without limitation lost profits, lost revenue, lost savings, loss of data, replacement costs, or any similar damages, whether based in contract, tort (including negligence), strict liability or otherwise, arising from your use of THE WEBSITE OR any of the service, or for any other claim related in any way to THE WEBSITE OR your use of the service, including, but not limited to, any errors or omissions in any content, or any loss or damage of any kind incurred as a result of the use of the service or any content (or product) posted, transmitted, or otherwise made available via the service, even if advised of their possibility.

TERMINATION

These Terms of Use are effective unless and until terminated by either you or us. 

You may terminate these Terms of Use at any time by notifying us that you no longer wish to use our services, or when you cease using our website.

We may terminate or refuse our services at any time by notifying you. Upon the breach or violation of any of these Terms of Use, you must immediately stop use of the services, provided that, you will remain liable for any amounts due subsequent to such breach.

The obligations and liabilities of the parties incurred prior to the termination date shall survive the termination of this agreement for all purposes.

MISCELLANEOUS

In the event that any provision of these Terms of Use is determined to be unlawful, void or unenforceable, such provision shall nonetheless be enforceable to the fullest extent permitted by applicable law, and the unenforceable portion shall be deemed to be severed from these Terms of Use, such determination shall not affect the validity and enforceability of any other remaining provisions.

The failure by us to exercise or enforce any right or provision of these Terms of Use shall not constitute a waiver of such right or provision.

All matters relating to the website and these Terms of Use, and any dispute or claim arising therefrom or related thereto (in each case, including non-contractual disputes or claims), shall be governed by and construed in accordance with the laws of the Commonwealth of Massachusetts, without giving effect to any choice or conflict of law provision or rule (whether of the Commonwealth of Massachusetts or any other jurisdiction). Any legal suit, action, or proceeding arising out of, or related to, these Terms of Use or the website shall be instituted exclusively in the federal or state courts of Massachusetts.

Questions about the Terms of Use should be sent to us at info@cloverlandhome.com.