General Terms of Use
DATED 2022-06-30 · VERSION 20231012_rev01 · COMPARED WITH 20230701_rev01 · ARCHIVE SNAPSHOT
Full text changes — 20230701_rev01 to 20231012_rev01
COLOUR MARKS THE SEVERITY OF A FLAGGED CLAUSE · + AND − MARK ADDED AND REMOVED
| 1 | 1 | Effective Date: June 30, 2022 |
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| 3 | Welcome to Clever! We're ("we", "us", or "Clever") delighted to have you on our website and maybe even using our service (the "Services"). Please continue reading to learn about the terms by which you may use our web and/or mobile services (collectively, the "Services"). | |
| 3 | Welcome to Clever! We're ("we", "us", or "Clever") delighted to have you on our [website](https://www.clever.com/trust) and maybe even using our service (the "Services"). Please continue reading to learn about the terms by which you may use our web and/or mobile services (collectively, the "Services"). | |
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| 5 | 5 | These General Terms of Use apply to all: (i) schools, school districts, and related entities and organizations that sign up to use the Services, including but not limited to administrators who access the Services on their behalf (each a "School"); (ii) non-School visitors, users, and others, including students, teachers, and their parents or guardians, who use the Services; and (iii) third-party providers of software, applications or tools (each a "Developer" and collectively with the individuals referenced in (ii) above and Schools, the "Users" or "you"). If you're a School, our [Additional Terms of Use for Schools](https://clever.com/trust/terms/schools) apply to you too. If you are a parent or guardian that creates an account on Clever (each a "Parent"), our [Additional Terms of Use for Parents](https://clever.com/trust/terms/parents) apply to you, too. If you're a Developer, our [Additional Terms of Use for Developers](https://clever.com/trust/terms/developers) apply to you too. These General Terms of Use, the [Additional Terms of Use for Schools](https://clever.com/trust/terms/schools) (as applicable to Schools), [Additional Terms of Use for Parents](https://clever.com/trust/terms/parents) (applicable to Parents) and the [Additional Terms of Use for Developers](https://clever.com/trust/terms/developers) (as applicable to Developers) are collectively referred to herein as the "Agreement". |
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| 7 | 7 | By accessing or using the Services, checking the box marked \["I Agree"\], or by otherwise affirmatively stating your desire to use the Services, you signify that you have read, understood, and agree to be bound by this Agreement and to the collection and use of your information as set forth in the Clever [Privacy Policy](https://clever.com/trust/privacy/policy), otherwise you may not use the Services. Because our Services change relatively often, the terms in this Agreement and our Privacy Policy may change too. If you are a School or a Developer using the Services, we will notify you via email in advance of any material changes to the terms. Upon making changes, we will update the "Effective Date" found at the top of this page. Your continued use of the Services after any changes constitutes your acceptance of the new terms. |
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| 9 | 9 | This next sentences are surrounded by stars because they are important: \*\*\*Please read these terms carefully to ensure that you understand each provision. If you are a Developer or a Parent, these terms contain a mandatory individual arbitration agreement in Section 3(viii) (the "Arbitration Agreement") and class action/jury waiver provision in Section 3(ix) (the "Class Action/Jury Trial Waiver") that apply to you. The Arbitration Agreement and Class Action/Jury Trail Waiver require, with only specified exceptions in Sections 3(viii) and 3(ix) or unless you opt out pursuant to the instructions in Section 3(viii), the exclusive use of final and binding arbitration on an individual basis only to resolve disputes, rather than jury trials or class, collective, private attorney general or representative actions or proceedings. \*\*\* |