Terms of Service
This Terms of Service is a contract entered into by and between You (“you” or “User”) and Clear 4C, LLC (“Clear 4C,” “We,” or “us”) and our affiliates, to the extent expressly stated.
Please read the Terms of Service carefully before you start to use the Website or access our Services.
By using our Website or Services, you accept and agree to be bound and abide by these Terms.
If you do not agree to these Terms of Service you must not access our Website or use our Services.
- AGE RESTRICTIONS. 3
- CHANGES TO TERMS OF SERVICE. 3
- ABOUT CLEAR 4C. 3
- USER ACCOUNTS. 3
- USER CONTRIBUTIONS. 3
- PROHIBITED USES. 4
- TERMS OF SERVICE VIOLATIONS AND TERMINATION. 5
- INTELLECTUAL PROPERTY RIGHTS. 5
- PAYMENT METHODS. 6
- THIRD-PARTY CONTENT, ADVERTISEMENTS AND PROMOTIONS. 6
- WARRANTY DISCLAIMER. 6
- LIMITATION OF LIABILITY. 7
- INDEMNIFICATION. 7
- GOVERNING LAW.. 7
- SURVIVAL. 8
- ASSIGNABILITY. 8
- WAIVER AND SEVERABILITY. 8
- ACCESS OF THE SITE OUTSIDE THE UNITED STATES. 8
- CONSENT TO USE ELECTRONIC RECORDS. 9
- ENTIRE AGREEMENT. 9
- CONTACT US. 9
1. AGE RESTRICTIONS
The Website and Services are intended for users 16 and older. By accessing or using the Website, You represent and warrant that you are at least sixteen (16) years old and that you possess the legal right and ability to enter into this Terms of Service and to use the Services in accordance with these Terms. If the applicable law in your jurisdiction requires that you must be older in order for Clear 4C to lawfully provide the Services to you without parental consent (including using of your personal data) then the Minimum Age is such older age.
2. CHANGES TO TERMS OF SERVICE
We may revise and update these Terms of Service from time to time in our sole discretion by posting a revised version on the Website. All changes are effective immediately when we post them. Clear 4C may provide reasonable notice of any material changes, determined at our sole discretion, by posting the updated Terms of Service on the Website. Any revisions to the Terms of Service will take effect on the noted Effective Date, located at the top of these Terms.
You understand that your continued use of the Website or Services following the Effective Date, means that you accept and agree to be bound by these Terms of Service. If you do not accept the Terms of Service in its entirety, you must not access or use the Website or any of our Services after the Effective Date.
3. ABOUT CLEAR 4C
We are proud to provide an open platform for employees and coworkers to share their thoughts. As a part of our commitment to open discourse, our Website is available to the general public, and thus users who use Clear 4C are solely responsible for evaluating and determining the suitability of any posting or review found on the Website.
4. USER ACCOUNTS
5. USER CONTRIBUTIONS
The Website may contain interactive functionalities, such as profiles or forums that allow users to review, post, submit, publish, display, or transmit to other users or other persons (hereinafter, “post“) content or materials (collectively, “User Contributions“) on or through the Website.
All User Contributions must comply with the provisions in this Terms of Service. Any User Contribution you post to the site will not in any way be considered an endorsement or promotion on behalf of Clear 4C. Although User Contributions, including reviews of co-workers will be anonymous, User Contributions will be considered non-confidential and non-proprietary. By providing any User Contribution on the Website, you irrevocably grant us and our licensees, successors, and assigns permission to use your User Contributions for any purpose, including but not limited to advertisements and other works, creating derivative works, promoting and distributing it. You also irrevocably grant the other users of the Website the right to access your User Contributions in connection with their use of the Site. Finally, you irrevocably waive, and cause to be waived, any claims and assertions of moral rights or attribution with respect to Your User Contributions.
Clear 4C does not generally investigate any User Contributions, including reviews posted by Users, for accuracy or reliability and does not guarantee that User Contributions are accurate. You represent that you own, or have the necessary permissions to use, and authorize the use of, your User Contributions. You may not imply that your User Contributions are in any way sponsored or endorsed by Clear 4C. You are solely responsible for your User Contributions, including the accuracy of any User Contributions, and are solely responsible for any legal action that may be instituted by other Users or third parties as a result of or in connection with your User Contributions if such User Contributions are legally actionable or defamatory. Clear 4C is not legally responsible for any feedback or comments posted or made available on the Website by any Users or third parties, even if that information is defamatory or otherwise legally actionable. In order to protect the integrity of the feedback system and protect Users from abuse, Clear 4C reserves the right (but is under no obligation) to remove posted feedback or information that, in Clear 4C’s sole judgment, violates the Terms of Service or negatively affects our Services, diminishes the integrity of the review system or otherwise is inconsistent with the business interests of Clear 4C. You acknowledge and agree that you will notify Clear 4C of any error or inaccurate statement in your feedback, and that if you do not do so, Clear 4C or other users may rely on the accuracy of such information.
6. PROHIBITED USES
You may use our Website and Services only for lawful purposes and in accordance with these Terms of Service. You agree not to use the Website:
- In any way that violates any applicable federal, state, local, or international law or regulation (including, without limitation, any laws regarding the export of data or software to and from the US or other countries).
- In a manner that may create an actual or perceived conflict of interest, such as trading reviews with coworkers, or writing or soliciting shill reviews
- For the purpose of exploiting, harming, or attempting to exploit or harm minors in any way by exposing them to inappropriate content, asking for personally identifiable information, or otherwise.
- To send, knowingly receive, upload, download, use, or re-use any material that does not comply with these Terms of Service.
- To transmit, or procure the sending of, any advertising or promotional material, including any “junk mail,” “chain letter,” “spam,” or any other similar solicitation.
- To impersonate or attempt to impersonate Clear 4C, an Clear 4C employee, another user, or any other person or entity (including, without limitation, by using email addresses or account names associated with any of the foregoing).
- To engage in any other conduct that restricts or inhibits anyone’s use or enjoyment of the Website, or which, as determined by us, may harm Clear 4C or users of the Website, or expose them to liability.
Additionally, you agree not to:
- Use the Website in any manner that could disable, overburden, damage, or impair the site or interfere with any other party’s use of the Website, including their ability to engage in real time activities through the Website.
- Use any robot, spider, or other automatic device, process, or means to access the Website for any purpose, including monitoring or copying any of the material on the Website.
- Use any manual process to monitor or copy any of the material on the Website, or for any other purpose not expressly authorized in these Terms of Service, without our prior written consent.
- Use any device, software, or routine that interferes with the proper working of the Website, including any viruses, Trojan horses, worms, logic bombs, or other material that is malicious or technologically harmful.
- Attempt to gain unauthorized access to, interfere with, damage, or disrupt any parts of the Website, the server on which the Website is stored, or any server, computer, or database connected to the Website.
- Attack the Website via a denial-of-service attack or a distributed denial-of-service attack.
- Otherwise attempt to interfere with the proper working of the Website.
7. TERMS OF SERVICE VIOLATIONS AND TERMINATION
We may suspend or terminate your Account or ability to access or use the Services at any time, for any or no reason, including for violations of these Terms, at our sole discretion, and without notice or liability of any kind. You agree that any violation by you of these Terms of Service will constitute an unlawful and unfair business practice, and will cause irreparable harm to us, for which monetary damages would be inadequate; and you consent to our obtaining any injunctive or equitable relief that we deem necessary or appropriate in such circumstances. These remedies are in addition to any other remedies we may have at law or in equity.
You may terminate these Terms at any time and for any reason by deleting your Account and discontinuing your use of all Services. You may delete your Account by accessing your Account settings on the Website or by contacting us at: email@example.com. You acknowledge and agree that even if you discontinue your Account, we may continue to display any content that you have provided on the Website.
8. INTELLECTUAL PROPERTY RIGHTS
The 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 thereof) are owned by the Clear 4C, its 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 Service permit you to use the Website for your personal, non-commercial use only unless you enter into a separate agreement with us for your commercial use. 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 as permitted by this Terms of Service.
The Clear 4C name, logo, trademarks and all related names, logos, product and service names, designs, and slogans are trademarks of Clear 4C or its affiliates or licensors. You must not use such marks without the prior written permission of Clear 4C. All other names, logos, product and service names, designs, and slogans on this Website are the trademarks of their respective owners.
9. PAYMENT METHODS
We may offer additional features for a fee. If you choose to upgrade your Account to access these features, we will also collect payment information, such as credit card, billing address and other financial account information. In order to use these features, users must provide account information for at least one valid Payment Method, such as your credit card information.
By providing Payment Method information through the Website and authorizing payments with the Payment Method, You represent, warrant, and covenant that: (a) You are legally authorized to provide such information; (b) You are legally authorized to make payments using the Payment Method(s); (c) if You are an employee or agent of a company or person that owns the Payment Method, that User is authorized by the company or person to use the Payment Method to make payments on Clear 4C; and (d) such actions do not violate the terms and conditions applicable to User’s use of such Payment Method(s) or applicable law. When a User authorizes a payment using a Payment Method via the Website, User represents and warrants that there are sufficient funds or credit available to complete the payment using the designated Payment Method.
Because the use of any Payment Method may be limited by applicable law or by written agreement with your financial institution, Clear 4C is not liable to any user if Clear 4C does not complete a transaction as a result of any such limit, or if a financial institution fails to honor any credit or debit to or from an account associated with such Payment Method. Clear 4C will make commercially reasonable efforts to work with any such affected users to resolve such transactions in a manner consistent with these Terms.
10. THIRD-PARTY CONTENT, ADVERTISEMENTS AND PROMOTIONS
The Website or Services may contain links to third-party websites, products, or services, which may be posted by advertisers, our affiliates, our partners, or other users (“Third-Party Content”). Third-Party Content is not under our control, and we are not responsible for any of their websites, products, or services. Your use of Third-Party Content is at your own risk and you should make any investigation you feel necessary before proceeding with any transaction in connection with such Third-Party Content.
The Website may also contain sponsored Third-Party promotions or advertisements. The type, degree, and targeting of advertisements are subject to change, and you acknowledge and agree that we may place advertisements in connection with the display of any content or information on the Services, including your User Contributions.
11. WARRANTY DISCLAIMER
WE PROVIDE THIS WEBSITE AND ITS CONTENT “AS IS” AND WITHOUT ANY REPRESENTATION OR WARRANTY, EXPRESS, IMPLIED, OR STATUTORY. WE SPECIFICALLY DISCLAIM ANY IMPLIED WARRANTIES OF TITLE, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. WITHOUT LIMITING THE FOREGOING, WE DO NOT REPRESENT OR WARRANT THAT THIS WEBSITE WILL BE ACCESSIBLE WITHOUT INTERRUPTION OR THAT THIS WEBSITE, ANY CONTENT FROM THIS WEBSITE, OR THE SERVER THAT MAKES THIS WEBSITE AVAILABLE ARE FREE FROM ERRORS, DEFECTS, DESIGN FLAWS, OMISSIONS, VIRUSES, OR OTHER HARMFUL COMPONENTS. YOUR USE OF THIS WEBSITE IS AT YOUR OWN RISK. SOME STATES DO NOT ALLOW THE DISCLAIMER OF IMPLIED WARRANTIES, IN WHICH CASE PORTIONS OF THIS DISCLAIMER MAY NOT APPLY TO YOU.
12. LIMITATION OF LIABILITY
IN NO EVENT WILL WE BE LIABLE, WHETHER IN CONTRACT, WARRANTY, TORT (INCLUDING NEGLIGENCE, WHETHER ACTIVE, PASSIVE, OR IMPUTED), PRODUCT LIABILITY, STRICT LIABILITY, OR OTHER THEORY, TO YOU OR ANY OTHER PERSON FOR ANY DAMAGES (INCLUDING, WITHOUT LIMITATION, ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, EXEMPLARY, PUNITIVE, OR CONSEQUENTIAL DAMAGES), ARISING OUT OF OR IN CONNECTION WITH ANY USE OF, THE INABILITY TO USE, OR THE RESULTS OF USE OF THE SERVICES, INCLUDING ANY ACTION OR INACTION ARISING OR RELATED TO A PROFESSIONAL SCORE, THE MOBILE APPLICATION, WEBSITE OR ITS CONTENT, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. SOME JURISDICTIONS PROHIBIT THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, IN WHICH CASE PORTIONS OF THIS LIMITATION MAY NOT APPLY TO YOU. IN NO EVENT WILL WE BE LIABLE OR RESPONSIBLE FOR ANY ERRORS OR OMISSIONS IN THE CONTENT OF THIS WEBSITE, INCLUDING, WITHOUT LIMITATION, ERRORS IN PRICING OR AVAILABILITY OF SERVICES AND PRODUCTS, OR DAMAGES THAT MAY RESULT FROM MISREPRESENTATION OF AGE BY A USER OF THIS WEBSITE.
YOU AGREE THAT ANY CAUSE OF ACTION THAT YOU MAY HAVE ARISING OUT OF OR RELATED TO THE SITE OR SERVICES MUST COMMENCE WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION ACCRUES. OTHERWISE, SUCH CAUSE OF ACTION IS PERMANENTLY BARRED.
You agree to indemnify and hold Clear 4C, its parents, subsidiaries, affiliates, any related companies, suppliers, licensors and partners, and the officers, directors, employees, agents and representatives of each of them harmless, including costs, liabilities and legal fees, from any claim or demand made by any third party due to or arising out of (i) your access to or use of the Website, (ii) any violation of these Terms of Service (including negligent or wrongful conduct) by you, or (iii) the infringement by you, or any third party using your account, of any intellectual property or other right of any person or entity. In states where the law does not recognize a cap on liability and/or indemnity obligations, you agree to hold harmless Clear 4C and be fully responsible for any loss, liability and/or legal fees that arise from the violation of the Terms of Service herein.
14. GOVERNING LAW
These Terms of Service and any claim arising out of or related to these Terms will be governed by and construed in accordance with the laws of the State of California.
After this Terms of Service terminates, the terms of this agreement that expressly or by their nature contemplate performance after termination or expiration will survive and continue in full force and effect. For example, the provisions protecting intellectual property, indemnification, payment of fees, and setting forth limitations of liability each, by their nature, contemplate performance or observance after this Terms of Service terminates. Without limiting any other provisions of the Terms of Service, the termination of these Terms for any reason will not release you from any obligations incurred prior to termination of the Terms or that thereafter may accrue in respect of any act or omission prior to such termination.
You may not assign the Terms of Service, or any of its rights or obligations hereunder, without Clear 4C’s prior written consent in the form of a written instrument signed by a duly authorized representative of Clear 4C. Clear 4C may freely assign this Terms of Service without User’s consent. Any attempted assignment or transfer in violation of this subsection will be null and void. Subject to the foregoing restrictions, the Terms of Service are binding upon and will inure to the benefit of the successors, heirs, and permitted assigns of the parties.
17. WAIVER AND SEVERABILITY
No waiver by Clear 4C of any term or condition set out in these Terms of Service shall be deemed a further or continuing waiver of such term or condition or a waiver of any other term or condition, and any failure of Clear 4C to assert a right or provision under these Terms of Service shall not constitute a waiver of such right or provision.
If any provision of these Terms of Service is held by a court or other tribunal of competent jurisdiction to be invalid, illegal, or unenforceable for any reason, such provision shall be eliminated or limited to the minimum extent such that the remaining provisions of the Terms of Service will continue in full force and effect.
18. ACCESS OF THE SITE OUTSIDE THE UNITED STATES
Given the global nature of the Internet, you agree to comply with all local rules, including, without limitation, rules about the Internet, data, email, privacy, copyright and trademark infringement. Additionally, you agree to comply with all applicable laws regarding the transmission of technical data exported from the United States or the country in which you reside.
In order to access or use the Website or Website Services, you must and hereby represent that you are not: (a) a citizen or resident of a geographic area in which access to or use of the Website or Website Services is prohibited by applicable law, decree, regulation, treaty, or administrative act; (b) a citizen or resident of, or located in, a geographic area that is subject to U.S. or other sovereign country sanctions or embargoes; or (c) an individual, or an individual employed by or associated with an entity, identified on the U.S. Department of Commerce Denied Persons or Entity List, the U.S. Department of Treasury Specially Designated Nationals or Blocked Persons Lists, or the U.S. Department of State Debarred Parties List or otherwise ineligible to receive items subject to U.S. export control laws and regulations or other economic sanction rules of any sovereign nation. You agree that if your country of residence or other circumstances change such that the above representations are no longer accurate, that you will immediately cease using the Website and Website Services and your license to use the Website or Website Services will be immediately revoked.
19. CONSENT TO USE ELECTRONIC RECORDS
In connection with the Terms of Service, you may be entitled to receive certain records from Clear 4C or our Affiliates, such as contracts, notices, and communications, in writing. To facilitate your use of the Website and the Website Services, you give us permission to provide these records to you electronically instead of in paper form.
20. ENTIRE AGREEMENT
This Terms of Service, constitute the sole and entire agreement between you and Clear 4C and supersedes all prior and contemporaneous understandings, agreements, representations, and warranties, both written and oral, to the extent they relate in any way to the Website and Services.
21. CONTACT US
For any questions related to this Terms of Service, please contact us at: firstname.lastname@example.org