Terms and Conditions of Use - Clear Comp
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Terms and Conditions of Use

Welcome to the platform of ClearComp, Inc., a corporation organized under the laws of the State of Delaware (“ClearComp” or “we”), its subsidiaries and affiliate companies have their own legal existence and independent legal status.

Please carefully review these Terms and Conditions of Use and our Privacy Policy (“Terms of Use” or “Terms”). These Terms of Use govern your use, access, and browsing of the websites and online presences that constitute the ClearComp Services, including any mobile site, blog, app, email, social media, feature, software, product, service, information, or content made available, displayed, or offered by or through ClearComp (collectively, “Services”). By using the Services, you acknowledge that you understand, accept, and agree to be bound by these Terms of Use, whether or not you have read them, and whether you are a casual visitor, licensee, or recipient of our email newsletter. If you do not agree with these Terms, you are not permitted to use or access the Services. If you have any questions about these Terms, please get in touch with ClearComp at info@clearcomp.com.

I. Description of Services

The Services contains material about ClearComp and its various products.  Certain sections of the Services are intended for particular audiences including ClearComp’s employees, customers, and shareholders.  Please feel free to browse the Services, as appropriate.  Your access to and use of the information on the Services is subject to these Terms and all applicable laws. By accessing the Services, you accept, without limitation or qualification, these Terms and acknowledge that it supersedes any other agreement between you and ClearComp with respect to access and use of the Services.

II. Changes to the Terms

We will notify users of any changes to these Terms.  Notification will either be made by way of an e-mail or by posting of the changes on the Services.  Changes to these Terms will be effective 30 days following notice.  Your continued use of the Services after any change has become effective will constitute your acceptance of those changes.

III. Registration

You may need to register an account with a designated administrator who has access to our platform to access certain features of our services.

When registering for your account or certain events or features of the Services, you agree to provide the administrator and ClearComp with accurate, truthful, complete, and updated information. Failure to do so shall constitute a breach of these Terms of Use, which may result in suspension or termination of your account or denial of such events or features. In our sole discretion, we reserve the right to refuse or cancel your account.

When you open an account to use or access the Services, you may be asked to provide certain access credentials (such as a username and password). You agree that we may store and use any registration data, including the access credentials you provide, to maintain your account. We may require you to periodically update your access credentials (such as changing your password).

You agree to use your best efforts to maintain the security and confidentiality of your access credentials and account (collectively, a “User ID”). You are fully responsible for all activities that occur under your User ID. You may not use someone else’s User ID at any time. You may not sell or transfer your account or otherwise allow any third party to use your account for any purpose. You agree to notify ClearComp about any unauthorized use of your User ID or any breach of security related to your use of the Services. Using caution when accessing your account from a public or shared computer would be best.

You further agree that ClearComp shall not be liable for any loss or damage arising out of, or related to, your User ID used by you or any other party, either with or without your knowledge. You may be held liable for any losses incurred by ClearComp, including its subsidiaries, entities owned, related to, or controlled by ClearComp, its employees, staff, officers, directors, consultants, agents, suppliers, contractors, and representatives, due to someone else’s use of your User ID.

IV. User Content

Certain features of the Services may allow you to display on the Services materials created by you or others unaffiliated with ClearComp (“User Content”). You understand and agree that you are solely responsible for any material, including comments, messages, notes, texts, listings, emails, images, videos, photographs, audio, software, and other content, that you, directly or indirectly, submit, post, upload, download, display, transmit, distribute, link, stream, promote, advertise, share with others, or otherwise publish on or through the Services.

By providing User Content to the Services, you grant ClearComp a nonexclusive, worldwide, perpetual, irrevocable, royalty-free, fully paid, sublicensable, and freely transferable right and license to copy, reproduce, publish, display, distribute, promote, archive, perform, modify, adapt, create compilations of, incorporate into other works, translate, and otherwise use the User Content, in whole or in part, including, without limitation, to provide the Services to you or otherwise in connection with the operation, promotion, marketing, and advertising of the business, products, programs, events, and services of ClearComp. This license will apply with respect to any form of media currently known at the time of submission or subsequently discovered.

To the extent permitted by applicable laws, you give up any claim that any use by ClearComp of any User Content violates any of your rights, including but not limited to moral rights, privacy rights, rights to publicity, proprietary, statutory, or other rights, and/or rights to credit for the material or ideas set forth therein. In supplying User Content, you warrant and represent that you have all legal, moral, and other rights necessary to grant ClearComp a license to that material as discussed above.

You authorize ClearComp to treat the User Content as non-confidential and non-proprietary for all purposes, except as otherwise may be agreed to in writing between you and ClearComp.

You understand and agree that we may, but are not obligated to, delete, edit, refuse to post, remove, or block access to any Services or User Content, in our sole discretion, at any time and for any reason or no reason, with or without notice, including User Content that we believe violates these Terms of Use. You acknowledge that we have no backup or storage obligations regarding User Content.

You are solely responsible for the User Content you provide, the consequences of posting your User Content, and your reliance on any User Content found on our Services. ClearComp and any party involved in creating, producing, delivering, or maintaining the Services are not responsible for the consequences of any User Content. We expressly disclaim responsibility for and liabilities resulting from any information or communications from and between users of the Services.

V. Third Party Content

These services may contain links or references to other Internet sites, products, or services of third parties over whom we nor our affiliates have no control (“Third Party Content”).

ClearComp does not verify and is not responsible for the accuracy, authenticity, appropriateness, completeness, reliability, safety, or privacy practices of Third-Party Content. ClearComp makes no representation concerning and is not obligated to prevent the downloading, distribution, linking to, or re-posting of Third-Party Content. Inclusion of, linking to, or permitting the use of any Third-Party Content does not imply our approval, sponsorship, or endorsement thereof. ClearComp does not make any representations or warranties regarding the security of any information (such as confidential and other sensitive information) you might give to any third-party Services.

ClearComp will not be liable for or responsible for any loss or damages arising from your dealings or interaction with third parties, including your use of or reliance on any Third-Party Content found on our Services. You expressly waive any and all claims you may have against ClearComp and release ClearComp from any and all liability arising from or related to the Third-Party Content, whether or not authorized by ClearComp.

If you decide to leave the Services platform and access or use third-party sites, you do so at your own risk, and you should be aware that our Terms of Use no longer govern. You should review the applicable terms and policies, including privacy and data-gathering practices, of any third-party websites to which you navigate from the Services platform.

VI. Prohibited Use of the Services

You agree not to use the Services in the following ways:

(1)  for any purpose that is unlawful or prohibited by these Terms;

(2)  to conduct yourself in any way that may be construed as threatening, harmful, abusive, harassing, stalking, defamatory, libelous, vulgar, profane, obscene, offensive, objectionable, pornographic, obscene, unlawful, illegal, fraudulent, tortuous, giving rise to civil or criminal liability, invasive or in violation of another’s right of privacy or publicity, hateful, bigoted, racially or ethnically offensive, in violation of an applicable local, national or international law, including but not limited to laws related to copyrights, trademarks, patents, or trade secrets, or otherwise objectionable as determined by us in our sole discretion;

(3)  to promote information that is known to be inaccurate, misleading, or false;

(4)  to advertise or otherwise solicit funds, goods, or services, such as through contests, sweepstakes, barter, pyramid schemes, or other form of unauthorized advertising or commerce, without our prior written consent;

(5)  to express or imply that ClearComp endorses any statements you make without our specific prior written consent;

(6)  to send unsolicited email or other communications, including, without limitation, junk mail, spam, and chain letters;

(7)  in a manner that could damage, disable, overburden, or impair our (or our third-party providers’) server or the networks connected to any our servers;

(8)  to collect or harvest any information about other users or to attempt to gain unauthorized access to accounts, computer systems, or networks associated with any ClearComp’s servers, data not intended for you, or otherwise violate any security features of the Services, through hacking, password mining, or any other means;

(9)  to distribute or facilitate the distribution of viruses, corrupted data, trojan horses, bots, keystroke loggers, worms, time bombs, cancelbots, or other computer programming routines or computer code that are intended to and/or damage, detrimentally interfere with, surreptitiously intercept or mine, obtain unauthorized access to, scrape or expropriate any system, software, data or personal information;

(10)  to attempt to modify, reverse-engineer, decompile, disassemble, or otherwise reduce or attempt to reduce to a human-perceivable form any of the source code used by ClearComp in providing the Services; and

(11)   adversely affect the enjoyment and availability of Services resources to other users (e.g., excessive shouting (use of all caps), flooding (continuous posting of repetitive text), or excessively large embedded images).

Any system or network security violation may subject you to civil and/or criminal liability.

VII. Feedback Submission

We welcome your feedback regarding ClearComp and our Services. However, any comments, notes, suggestions, reviews, ideas, suggestions, concepts, services, features, programs, products, software, applications, tools, or other communications (“Feedback”) sent to ClearComp shall remain the exclusive property of ClearComp. Your submission of any such Feedback shall constitute an assignment to ClearComp of all worldwide rights, titles, and interests in all copyrights and other intellectual property rights in the Feedback. ClearComp will be entitled to use, reproduce, disclose, publish, and distribute any material you submit for any purpose, without restriction and compensating you. ClearComp will be under no obligation to keep your Feedback confidential or to protect your Feedback otherwise.  

For this reason, we ask that you not send us any comment you do not wish to assign to us, including any confidential or proprietary information or any original creative materials such as stories, product ideas, computer code, or artwork.

VIII. Limitations of Liability

YOU ACKNOWLEDGE THAT YOUR USE OF THE SERVICES IS AT YOUR SOLE RISK, AND THAT WE WILL NOT BE HELD LIABLE IN ANY WAY. UNDER NO CIRCUMSTANCE AND UNDER NO LEGAL OR EQUITABLE THEORY, WHETHER IN TORT, CONTRACT, STRICT LIABILITY, OR OTHERWISE, SHALL CLEARCOMP OR ANY OF ITS EMPLOYEES, OWNERS, SHAREHOLDERS, STAFF, DIRECTORS, OFFICERS, CONSULTANTS, AGENTS, SUPPLIERS, CONTRACTORS, OR REPRESENTATIVES BE LIABLE TO YOU OR ANY OTHER PERSON FOR ANY DIRECT, INDIRECT, GENERAL, SPECIAL, INCIDENTAL, COMPENSATORY, CONSEQUENTIAL, OR EXEMPLARY DAMAGES, INJURY, OR LOSSES OF ANY NATURE ARISING OUT OF OR IN CONNECTION WITH THE USE OF THE SERVICES. THIS INCLUDES, BUT IS NOT LIMITED TO, BODILY INJURY, EMOTIONAL DISTRESS, DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA, PERSONAL PROPERTY, OR OTHER INTANGIBLE LOSSES, ACCURACY OF RESULTS, COMPUTER FAILURE OR MALFUNCTION, EVEN IF AN AUTHORIZED REPRESENTATIVE OF CLEARCOMP HAS BEEN ADVISED OF, OR SHOULD HAVE KNOWN, THE POSSIBILITY OF SUCH DAMAGES, RESULTING FROM (I) THE USE OF, OR THE INABILITY TO USE, THE SERVICES, (II) YOUR COMMUNICATIONS OR DEALINGS WITH OTHER USERS OF THE SERVICES OR PERSONS YOU MEET THROUGH THE SERVICES (III) UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR DATA TRANSMISSIONS, (IV) STATEMENTS, REPRESENTATIONS, OR CONDUCT OF ANY THIRD PARTY USING THE SERVICES, OR (V) ANY OTHER MATTER RELATING TO THE SERVICES.

IX. Disclaimer of Warranty

THE SERVICES ARE PROVIDED TO YOU ON AN “AS IS” AND “AS AVAILABLE” BASIS. WE DISCLAIM ALL WARRANTIES AND REPRESENTATIONS OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO WARRANTIES OF MERCHANTABILITY, TITLE, FITNESS FOR A PARTICULAR PURPOSE, CUSTOM, TRADE, QUIET ENJOYMENT, SYSTEM INTEGRATION, FREEDOM FROM COMPUTER VIRUS, AND NON-INFRINGEMENT OF RIGHTS. WE MAKE NO WARRANTY OR REPRESENTATION THAT ANY PART OF THE SERVICES WILL BE UNINTERRUPTED, ERROR-FREE, VIRUS-FREE, SAFE TO DOWNLOAD, TIMELY, SECURE, ACCURATE, COMPLETE, ADEQUATE, USEFUL, RELIABLE, PHYSICALLY SAFE, OR OF ANY QUALITY OR THAT THE DEFECTS WILL BE CORRECTED.

X. Indemnification

YOU AGREE TO INDEMNIFY, DEFEND, AND HOLD HARMLESS CLEARCOMP AND ANY OTHER PARTY INVOLVED IN CREATING, PRODUCING, DELIVERING, OR MAINTAINING THE SERVICES AND EACH OF THEIR RESPECTIVE OWNERS, REPRESENTATIVES, SUBSIDIARIES, AFFILIATES, OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, SHAREHOLDERS, CONTRACTORS, ADVERTISERS, PARTNERS, RELATED PARTIES, LICENSORS, LICENSEES, SUPPLIERS, AND CO-BRANDERS FROM AND AGAINST ALL CLAIMS, DEMANDS, DAMAGES, COSTS, LOSSES, AND EXPENSES, INCLUDING ATTORNEYS’ FEES, ARISING OUT OF OR RELATED TO (I) YOUR USE OF THE SERVICES, (II) YOUR BREACH OF THESE TERMS OF USE, OR (III) ANY CLAIM THAT USER CONTENT OR THIRD PARTY CONTENT, OR ANY RELIANCE THEREOF, CAUSED DAMAGE TO YOUR OR A THIRD PARTY.

XI. Use License

Permission is granted to temporarily download one copy of the content (information or software) on the Services for transitory viewing only. This is the grant of a license, not a transfer of title, and under this license, you may not: (1) modify or copy the content; (2) remove any copyright or other proprietary notations from the content; (3) publish, publicly display, or otherwise distribute the content, including via the Internet, any social media platform or network, or any intranet or extranet site, for any commercial or non-commercial purpose; (4) attempt to decompile or reverse engineer any software contained on the Services; (5) use any data mining, robots, scraping, or similar data gathering or extraction methods to obtain the content; (6) transfer the content to another person or “mirror” the materials on any other server. No right, title, or interest in any downloaded materials is transferred to you as a result of any such downloading.

 This license shall automatically terminate if you violate any of these restrictions. We reserve the right to suspend or deny at any time, in our sole discretion, your access to all or any portion of the Services.

XII. Intellectual Property

Unless otherwise explicitly specified, all materials that are included in or are otherwise a part of the Services are copyrights, patents, trademarks, trade dress, and/or other intellectual property owned, controlled, or licensed by ClearComp, its owners, or third parties who have licensed their materials to ClearComp. You may not reproduce or use ClearComp’s trademarks or trade dress without the prior written permission of ClearComp. Nothing contained in the Services should be understood as granting you a license to use any trademarks, trade names, trade dress, service marks, taglines, or logos owned or licensed by ClearComp or any third party.

If you believe that your intellectual property has been used in any way that could be considered a copyright infringement or a violation of your intellectual property rights, please get in touch with us in writing at info@clearcomp.com. You agree that in the event, we receive a written demand from a third party alleging that any User Content infringes upon, dilutes, tarnishes, or otherwise violates its trademark or trade secret rights, we may, in our sole discretion, remove or disable access to, such User Content. To protect the rights of intellectual property owners, we maintain a policy for the termination, in appropriate circumstances, of user accounts of the Services who repeatedly infringe the copyright and other intellectual property rights of others.

XIII. Reservation of Rights

All rights not expressly granted herein are reserved to ClearComp and its licensors. The use of our rights and property requires our prior written consent. By making the Services available to you, we are not providing you with any implied or express licenses or rights, and you will have no rights to make any commercial use of the Services without prior written consent.

XIV. Termination and Investigation

ClearComp reserves the right to suspend or terminate your use of the Services. You agree that ClearComp or its representatives may access your account and records on a case-by-case basis to investigate complaints or allegations of abuse, infringement of third-party rights, or other unauthorized uses of the Services. ClearComp does not intend to disclose the existence or occurrence of such an investigation unless required by law. Still, ClearComp reserves the right to suspend or terminate your account or your access to the Services immediately, with or without notice to you, and without liability to you, if ClearComp believes that you have violated any of the Terms of Use, furnished ClearComp with false or misleading information, or interfered with the use of the Services by others.

YOU WAIVE AND HOLD HARMLESS CLEARCOMP FROM ANY CLAIMS RESULTING FROM ANY ACTION TAKEN BY CLEARCOMP DURING OR AS A RESULT OF ITS INVESTIGATIONS AND/OR FROM ANY ACTIONS TAKEN AS A CONSEQUENCE OF INVESTIGATIONS BY EITHER CLEARCOMP OR LAW ENFORCEMENT AUTHORITIES.

XV. Accuracy and Completeness

Although every effort is made to ensure the accuracy of published information on or through the Services, you understand that the materials appearing on the Services platform could inadvertently contain technical, typographical, or photographic errors or may expose you to content that you find undesirable, objectionable, or offensive. Neither ClearComp nor any author or supplier contributing to the Services is responsible to you in any way for any content displayed on the Services nor for any error, revision, or omission in any information provided or the results obtained from your use of such information.

ClearComp may change the materials on the Services at any time without notice. While we will try to keep content on the Services current, we do not guarantee it is the most up-to-date information available. For up-to-the-minute information on class changes, contact information, and any other information regarding ClearComp, its operations, programs, and offers, please get in touch with ClearComp at info@clearcomp.com.

Certain portions of the Services may occasionally be subject to additional terms and conditions specified by ClearComp. Your use of the Services is subject to those additional terms and conditions incorporated into these Terms by this reference.

XVI. Governing Law

These Terms shall be governed by and construed under the laws of the State of Delaware, without regard for conflicts of law principles. You agree that jurisdiction over and venue in any legal proceeding directly or indirectly arising out of or related to the Services or the use or access thereof shall be in Delaware’s state or federal courts. The UN Convention on Contracts for the International Sale of Goods is expressly disclaimed.

XVII. Severability/Waiver

If any provision of these Terms of Use is found to be invalid, void, unlawful, or for any reason unenforceable by any court having competent jurisdiction, then the provision shall be deemed severable from the Terms and shall not affect the validity and enforceability of the remaining provisions, which shall remain in full force and effect. The section headings used herein are for convenience only and shall not affect the interpretation of these Terms of Use.

The failure of either party to assert any right under these Terms of Use will not be considered a waiver of that party’s right, and the said right will remain in full force and effect. No waiver of these Terms of Use shall be deemed a further or continuing waiver of such terms and conditions or any other term or condition. Neither the course of conduct between the parties nor trade practice shall act to modify the Terms.

XVIII. Statute of Limitations

You agree that regardless of any statute or law to the contrary, any claim or cause of action that you may wish to assert related in any manner to the Services or its services must be filed within one (1) year after such claim or cause arose, or the said claim or cause will be forever barred, without regard to any contrary legislation.

XIX. Assignment

We may assign our rights and obligations under these Terms of Use without notice to one or more third parties. In this event, ClearComp will be relieved of any further obligation. You may not assign these Terms without ClearComp’s prior written consent.

XX. Privacy Policy

Please refer to our Privacy Policy, which is incorporated herein by reference. Your assent to these Terms of Use includes our Privacy Policy.

XXI. Last Modified Date of these Terms of Use

December 6, 2023

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