Terms of Use
Last Updated: August 11, 2021
This Terms of Use (“Terms”) governs your access to and use of this website (“Site”), made available to you by ClearObject, Inc. (“ClearObject,” “we,” “us,” or “our”).
BY ACCESSING OR USING THE SITE, YOU (“YOU”) AGREE THAT YOU HAVE READ AND UNDERSTAND THESE TERMS AND OUR PRIVACY POLICY. IF YOU DO NOT AGREE WITH THESE TERMS, DO NOT ACCESS OR USE THE SITE.
WE RESERVE THE RIGHT TO MODIFY THESE TERMS AT ANY TIME. ALL CHANGES WILL BE EFFECTIVE IMMEDIATELY UPON POSTING TO THE SITE. BY ACCESSING OR USING THE SITE AFTER CHANGES ARE POSTED YOU AGREE TO THOSE CHANGES.
THIS IS A BINDING AGREEMENT BETWEEN YOU AND THE COMPANY. BY ACCESSING THE SITE OR USING THE SERVICES YOU AGREE ON BEHALF OF YOURSELF AND ANY ORGANIZATION THAT YOU REPRESENT (TOGETHER, “YOU”) THAT YOU AGREE TO THESE TERMS, INCLUDING, BUT NOT LIMITED TO THE FOLLOWING TERMS: (1) DISCLAIMER OF WARRANTIES, (2) DAMAGE AND REMEDY EXCLUSIONS AND LIMITATIONS, AND (3) JURY AND CLASS ACTION WAIVER.
1. Privacy Policy. ClearObject’s Privacy Policy describes our information collection, use, and sharing practices of Personal Information (defined in the Privacy Policy) that we collect about you and about your use of the Site.
2. Content. The Site, including its text, audio, video, graphics, photographs, interfaces, icons, software, computer code, data, Marks, documentation, and other works of authorship, and the design, selection, and arrangement of content, and all intellectual property rights in the foregoing (collectively, the “Content”) are exclusively the property of ClearObject or, as applicable, its vendors or licensors. Except for the rights expressly granted to you in the next section, ClearObject reserves all ownership rights in and to the Site and Content, including all intellectual property rights. Only authorized individuals may modify or post materials on the Site.
3. Site Use Rights. ClearObject grants to you a limited, non-transferable, non-exclusive, terminable right to use the Site and the Content so long as you comply with these Terms and all other terms posted throughout the Site as applicable to you, and applicable laws.
4. Intellectual Property Rights. The Site and Content are protected by copyright, trademark, and other intellectual property laws. Any unauthorized use of any intellectual property belonging to ClearObject or any third party is strictly prohibited and may be prosecuted to the fullest extent of the law.
5. Use of Marks. ClearObject owns certain trademarks, names, logos, insignia, and service marks (“Marks”). You do not have the right to use any Marks except as expressly agreed to in writing by ClearObject. In addition, the Site may contain third-party marks and third-party copyrighted materials, which are the property of their respective owners. Nothing in these Terms grants to you any rights in or to those third-party marks or materials without such third party’s consent.
6. Copyright Policy. We respect the intellectual property rights of others and we ask that you do the same. We strive to expeditiously remove any infringing material from the Site if we become aware of it. It is our policy to terminate repeat infringers’ use of the Site.
7. ClearObject Account. ClearObject maintains portals for customers. You may be required to provide information in order to gain access to a ClearObject Account (an “Account”), which facilitates certain activities with ClearObject. You agree that any information you provide will be true, current and complete information. We will treat all Personal Information you provide as set forth in the Privacy Policy. You are responsible for all activities that occur under your Account. You are responsible for keeping your password and any other verification information used to sign-in to your Account confidential. Do not share your passwords with any other person. Do not access or attempt to access any Account that is not yours. If you believe that your Account has been compromised, you must immediately contact us by email.
8. Acceptable Use Policies.
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- Compliance with Laws. You are responsible for complying with all applicable laws, regulations, and rules in connection with your access to and use of the Site, including all applicable rules regarding online conduct.
- Children’s Information. This Site is not intended for use by anyone under the age of thirteen (13) years old. No services on the Site are directed towards anyone under the age of thirteen (13) years old. If you are under the age of thirteen (13) you must immediately stop using this Site. If you suspect your child has provided Personal Information to us, please contact as at privacy@ClearObject.com, provide us the relevant information, and we will make commercially reasonable efforts to promptly delete your child’s Personal Information.
- Anti-virus. You must use up-to-date, commercially standard, anti-virus software on any computer or device used by you to access the Site.
- Information You Provide. When you provide information to us, you agree that you only provide current, accurate information and you only provide information that you have a right to share. You must be truthful and accurate in your computer identity. Do not provide us any information that violates law or another person’s intellectual property rights or privacy rights.
- Use for its Intended Purpose. You shall only use the Site and the Content for their intended purposes for which they are made available to you by ClearObject. To use the Site and Content, you must respect the academic and free speech rights of others.
9. Restrictions on Your Use of the Site.
- You will not copy, duplicate, sell, publish, post, license, rent, distribute, modify, translate, adapt, reverse-engineer, or create derivative works of the Site or Content without ClearObject’s prior written consent.
- You will not use the Site for unlawful purposes.
- You will not submit inaccurate, incomplete, or out-of-date information via the Site, commit fraud or falsify information in connection with your use of the Site, or act maliciously against the interests or reputation of ClearObject.
- You will not engage in data mining or similar data gathering or extraction activities from the Site. You will not use the Site to harvest email addresses, names or other information of the users of the Site or to spam other users of the Site.
- You will not access, use, or copy any portion of the Site or Content, through the use of indexing agents, spiders, scrapers, bots, web crawlers, or other automated devices or mechanisms.
- You will not use the Site to post, transmit, input, upload, or otherwise provide any information or material that contains any viruses, worms, Trojan horses, malware, ransomware, adware, or other harmful computer code that may disable, damage, impair, or otherwise interfere with the Site, the servers used to make the Site available, or any other network, computers, hardware, software or systems.
- You will not engage in activities that aim to render the Site or associated services inoperable or to make their use more difficult.
- You may not frame, mirror or circumvent the navigational structure of any part of the Site.
- You may not upload, distribute, transmit, or post anything to or through the Site that: (i) is fraudulent, libelous, obscene, pornographic, indecent, violent, offensive, hate speech, harassing, threatening, defamatory, harms another person, or the like; (ii) invades the privacy of another or includes the confidential or proprietary information of another, or (iii) is protected by intellectual property rights without the express prior written consent of the owner of such intellectual property rights.
- You shall not access any Account of which you are not the authorized user.
- You shall not: (i) use or attempt to access an account or passwords that are not yours, (ii) misrepresent your identity in any way, (iii) intercept messages without permission, (iv) use ClearObject’s computing resources beyond your authorization, or (v) make ClearObject’s resources available to third parties.
10. Social Media.
- Our Posts on Social Media. Links to ClearObject’s social media pages (e.g., Facebook, Twitter, Instagram, LinkedIn, and YouTube) may be included on the Site (“Social Media Pages”). Because anyone may post or tag on Social Media Pages, posts do not necessarily reflect ClearObject’s views. If we follow, like, re-tweet, favorite, share, or re-post an individual’s content on our Social Media Pages, it is not an endorsement of that person or party or any product, service, or ClearObject they represent.
- Your Posts on Social Media. We may or may not review content you and other third parties post on our Social Media Pages. We may remove anything that we deem offensive, inappropriate or inconsistent with the vision of ClearObject posted on our Social Media Pages. We may work with third-party service providers of the Social Media Pages to block users who are being offensive, abusive, disruptive or otherwise violating these Terms or applicable laws. We will treat all information posted to our Social Media pages as non-confidential.
11. Employment Opportunities. You can apply to work with the ClearObject through a link on our Site. To submit your application, you will be redirected to a website operated by our service provider. Additionally, you may be required to create an account with the third-party host. We encourage you to review the terms and privacy policy posted on that third-party’s website because those terms and policies apply to your use of that website and their collection of your Personal Information. If you send us your job application materials directly, we will only use and share those job application materials to evaluate your qualifications to work with ClearObject and its affiliates and communicate with you regarding an employment opportunity.
You warrant that all information contained in an application you provide is current, accurate, and complete. Do not provide any resume or other application materials for any person other than yourself. Your submission of an application does not in any way require ClearObject to review that application or consider you for a position. Employment opportunities on the Site are subject to change at any time, at our sole discretion and without notice.
12. NO WARRANTY. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, CLEAROBJECT EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND WITH RESPECT TO THE SITE AND CONTENT, INCLUDING WITHOUT LIMITATION MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, NON-INFRINGEMENT, AND ANY WARRANTIES ARISING FROM A COURSE OF DEALING OR USAGE IN TRADE.
THE SITE AND CONTENT ARE PROVIDED “AS IS,” “AS AVAILABLE,” AND WITHOUT ANY WARRANTY OF ANY KIND. CLEAROBJECT MAKES COMMERCIALLY REASONABLE EFFORTS TO ENSURE THAT ALL CONTENT ON THE SITE IS ACCURATE AND RELIABLE, BUT NEITHER ACCURACY NOR RELIABILITY ARE GUARANTEED. CLEAROBJECT DOES NOT WARRANT OR GUARANTEE THE QUALITY, COMPLETENESS, TIMELINESS, OR AVAILABILITY OF THE SITE OR CONTENT. CLEAROBJECT DOES NOT WARRANT OR GUARANTEE THAT THE SITE OR CONTENT WILL BE UNINTERRUPTED OR ERROR-FREE, THAT ANY DEFECTS IN THE SITE OR CONTENT WILL BE CORRECTED, OR THAT THE SITE OR THE SERVERS THAT MAKE THE SITE AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL CONDITIONS OR COMPONENTS.
WITHOUT LIMITING THE GENERALITY OF THE FOREGOING, WE DO NOT WARRANT OR ENDORSE ANY THIRD-PARTY CONTENT.
13. LIMITATION OF LIABILITY. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT WILL CLEAROBJECT OR ITS DIRECTORS, OFFICERS, EMPLOYEES, REPRESENTATIVES, AGENTS, ATTORNEYS OR LICENSORS (TOGETHER, “CLEAROBJECT PARTY(IES)”) BE LIABLE FOR ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, EXEMPLARY, PUNITIVE, OR CONSEQUENTIAL LOSS OR DAMAGE, ARISING OUT OF OR IN CONNECTION WITH THE SITE OR CONTENT, OR YOUR ACCESS TO OR USE OF, OR INABILITY TO ACCESS OR USE, THE SITE OR CONTENT, REGARDLESS OF THE FORM OF ACTION, AND EVEN IF A CLEAROBJECT PARTY HAS EXPRESS KNOWLEDGE OF THE POSSIBILITY OF THE LOSS OR DAMAGE.
YOUR SOLE AND EXCLUSIVE REMEDY IS TO STOP ACCESSING AND USING THE SITE OR CONTENT.
WITHOUT LIMITING THE FOREGOING, IN NO EVENT WILL THE CLEAROBJECT PARTIES’ AGGREGATE LIABILITY TO YOU ARISING OUT OF OR IN CONNECTION WITH THE SITE OR CONTENT, OR YOUR ACCESS TO OR USE OF, OR INABILITY TO ACCESS OR USE, THE SITE OR CONTENT EXCEED $100 U.S.D., EVEN IF ANY REMEDY PROVIDED FAILS OF ITS ESSENTIAL PURPOSE.
SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES, SO SOME OF THE ABOVE EXCLUSIONS AND LIMITATIONS MAY NOT APPLY TO YOU.
14. INDEMNIFICATION. YOU WILL INDEMNIFY, DEFEND AND HOLD HARMLESS THE CLEAROBJECT PARTIES FROM AND AGAINST ALL LOSSES, CLAIMS, LIABILITIES, DEMANDS, COMPLAINTS, ACTIONS, DAMAGES, JUDGMENTS, SETTLEMENTS, FINES, PENALTIES, EXPENSES, AND COSTS (INCLUDING WITHOUT LIMITATION REASONABLE ATTORNEYS’ FEES) THAT ARISE OUT OF OR IN CONNECTION WITH
- YOUR VIOLATION OF APPLICABLE LAWS,
- YOUR MISUSE OF THE SITE OR ANY CONTENT, AND
- YOUR BREACH OF THESE TERMS, THE PRIVACY POLICY OR ANY OTHER TERMS OR POLICIES ON THE SITE.
WE RESERVE, AND YOU GRANT TO US, THE RIGHT TO ASSUME THE DEFENSE AND CONTROL OF ANY MATTER SUBJECT TO INDEMNIFICATION BY YOU. IF A CLEAROBJECT PARTY DEMANDS INDEMNITY UNDER THIS SECTION, SUCH CLEAROBJECT PARTY HAS THE RIGHT TO SELECT LEGAL COUNSEL OF ITS OWN CHOOSING TO REPRESENT CLEAROBJECT, AND YOU AGREE TO PAY THE REASONABLE COSTS AND ATTORNEYS’ FEES INCURRED BY SUCH LEGAL COUNSEL.
15. Third-Party Websites and Content. The Site may link to, or be linked to, websites not maintained or controlled by ClearObject. The Site also contains certain third-party Content. We provide third-party links and Content for your convenience, not as an endorsement. Presence of third-party links or Content does not mean there is any association between ClearObject and any third party.
When leaving the Site, it is the terms and privacy policy of that third party that govern your use of third-party website (and such third-party’s use or your Personal Information), not these Terms. You access third-party Content and websites at your sole risk. ClearObject has no responsibility for any third-party Content.
16. Linking to the Site. You may not link to the ClearObject Site on your website or elsewhere without ClearObject’s prior written consent. If ClearObject grants its consent, additional terms may apply.
17. Feedback. If you submit comments or feedback to us regarding the Site or Content, they will not be treated as confidential. We may use any comments and feedback that you send us in our discretion and without attribution or compensation to you.
18. Jury Waiver and Class Waiver
YOU AGREE THAT YOU ARE IRREVOCABLY WAIVING, TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, ANY AND ALL RIGHT TO TRIAL BY JURY IN ANY LEGAL PROCEEDING ARISING OUT OF OR RELATING TO THESE TERMS AND THE PROVISION OF SERVICES.
YOU ALSO AGREE THAT YOU ARE WAIVING ANY RIGHT TO ASSERT ANY CLAIMS AGAINST CLEAROBJECT AS A REPRESENTATIVE OR MEMBER IN ANY CLASS OR REPRESENTATIVE ACTION, EXCEPT WHERE SUCH WAIVER IS PROHIBITED BY LAW OR DEEMED BY A COURT OF LAW TO BE AGAINST PUBLIC POLICY.
DO NOT USE THE SERVICES IF YOU DO NOT AGREE TO THE FOREGOING PROVISIONS.
19. Governing Law. These Terms are governed by the laws of the state of Indiana, U.S.A. without regard to conflict of laws principles. YOU AGREE THAT, TO THE EXTENT PERMITTED BY APPLICABLE LAW, ANY AND ALL DISPUTES, CLAIMS, AND CAUSES OF ACTION ARISING OUT OF OR CONNECTED WITH THE SERVICES AND/OR THESE TERMS, WILL BE RESOLVED INDIVIDUALLY, WITHOUT RESORT TO ANY FORM OF CLASS ACTION. You agree to venue exclusively in the state or federal courts located in Indianapolis, Indiana, with respect to any dispute arising under these Terms and you expressly agree to the exclusive jurisdiction of those courts. These Terms operate to the fullest extent permissible by law.
20. Termination. If you violate applicable laws or these Terms, you are immediately prohibited from further use of the Site or Content, and we may restrict your access to the Site or Content.
- Discontinuation. ClearObject may suspend or terminate the Site or any Content, in whole or in part, at any time in its sole discretion for any reason. In addition, ClearObject may suspend or terminate your Account, in whole or in part, temporarily or permanently.
- No Liability for Suspension or Termination. ClearObject shall not be liable to you or anyone else for any damages arising from or related to ClearObject’s suspension or termination of your access to the Site, Content, or Account or in the event ClearObject modifies, discontinues or restricts the availability of the Site, Content, or Account (in whole or in part).
21. Cooperation with Law Enforcement. ClearObject will cooperate with law enforcement if you are suspected of having violated applicable laws. YOU WAIVE AND HOLD CLEAROBJECT AND ITS REPRESENTATIVES HARMLESS FOR ANY COOPERATION WITH, OR DISCLOSURE OF YOUR INFORMATION TO, LAW ENFORCEMENT RELATING TO YOUR SUSPECTED VIOLATION OF APPLICABLE LAWS.
22. Assignment. We may assign our rights and delegate our duties under these Terms at any time to any party without notice to you. You may not assign your rights or delegate your duties under these Terms without our prior written consent.
23. Entire Agreement. These Terms and the Privacy Policy are the entire agreement between you and ClearObject with respect to your access to and use of the Site.
24. Waiver. ClearObject’s failure to enforce any provision in these Terms will not constitute a waiver of that provision or any other provision. Any waiver will be effective only if in writing and signed by ClearObject.
25. Severability. If any provision of these Terms is held invalid, void, or unenforceable, that provision will be severed from the remaining provisions and the remaining provisions will remain in full force and effect.
26. Electronic Communications. These Terms and any other agreements, notices, or communications between you and ClearObject may be provided to you electronically if permitted by law. ClearObject may provide notices to you by using any contact information provided by you or through your Account, or by posting such notices to the Site. Please print or otherwise save a copy of all documentation, agreements, notices, and other communications for your reference.
Contact Us. Please direct any questions and concerns regarding these Terms to us at the following:
ClearObject Corporation
Attn: Security and Compliance
8626 E 116th Street, Suite 300
Fisher IN 46038
1 (888) 850-2568