INTRODUCTION AND ELIGIBILITY
Welcome to clearfinclothing.com, Clear Fin’s shopping website. These Terms and Conditions (these “Terms”) apply to your activity on clearfinclothing.com as well as all use of Clear Fin products and services. By using any new Clear Fin products or services or visiting Clear Fin Shopping, the user acknowledges and agrees to these Terms.
Who are We? The Services are made available to you (individually, “you,” and collectively, “Users”) by Clear Fin, a wholly owned subsidiary of Clear Fin Clothing (collectively, both Clear Fin and Clear Fin Clothing may hereafter be referred to as “We,” “we,” “Our,” or “our”), subject to these Terms and Conditions of Use (the “Terms”), which may be modified from time to time without prior notice to you.
Binding Agreement. By accessing, using, or downloading any of the Services, you agree to follow and be bound by the Terms. You can review the most current version of the Terms at any time at
Things May Change. We and our third party providers may make improvements and/or changes in the Services, including to the price of fees charged for the Services, at any time without prior notice.
Links and Alternate or Additional Terms or Guidelines. We may require you to agree to additional terms, rules, policies, guidelines, or other conditions (collectively, "Guidelines") in order to use particular products, services, and/or features, to participate in certain promotions available through the Services, and/or to receive and/or use some Services that we may offer from time to time. For example, additional terms may apply to Clear Fin Shopping services. In such cases, you may be required to expressly consent to additional terms set forth in applicable Guidelines. For instance, you might be obligated to check a box or click on a button marked "I agree." If any of the terms of any Guidelines are different than the Terms, the terms of the Guidelines will supplement or amend the Terms, but only with respect to the matters governed by the Guidelines.
Eligibility. The Services are not intended or designed for children under 13 years of age. By using the Services, you represent and warrant that you are at least 18 years of age and have reviewed and now consent to the Terms, or, if you are under 18 years of age (but 13 years of age or older), then you affirm that you possess the legal consent of your parent or guardian to access and use the Services.
If you are a parent or guardian agreeing to the Terms for the benefit of a child over 13, then you represent and warrant that you have reviewed and now consent to the Terms and accept full responsibility for your child's use of the Services, including all financial charges and legal liability that such child may incur in connection with the use of the Services.
The Services may include features that promote physical activity and fitness. By using the Services, you agree, represent, and warrant that you have received consent from your physician to participate in health and fitness programs, workouts, exercises, or any other related activities made available through or enhanced by the Services.
IMPORTANT: WE RESERVE THE RIGHT TO MODIFY OR DISCONTINUE, TEMPORARILY OR PERMANENTLY AND AT ANY TIME, THE SERVICES OR ANY PORTION OF THEM WITH OR WITHOUT NOTICE. YOU AGREE THAT WE ARE NOT LIABLE TO YOU OR TO ANY THIRD PARTY IN ANY WAY FOR ANY MODIFICATION, SUSPENSION, OR DISCONTINUANCE OF ALL OR SOME OF THE SERVICES.
IF YOU DO NOT AGREE WITH THE TERMS, YOU ARE PROHIBITED FROM USING THE SERVICES. BY USING THE SERVICES, YOU CONSENT TO THE TERMS AND ALL REVISIONS FOLLOWING YOUR USE.
FURTHER, YOU ACKNOWLEDGE AND AGREE THAT WE OFFER THE SERVICES AND SET THE SERVICES’ PRICES IN RELIANCE UPON THE WARRANTY DISCLAIMERS, RELEASES, AND LIMITATIONS OF LIABILITY SET FORTH IN THE TERMS. YOU ALSO ACKNOWLEDGE AND AGREE THAT THESE WARRANTY DISCLAIMERS, RELEASES, AND LIMITATIONS OF LIABILITY REFLECT A REASONABLE AND FAIR ALLOCATION OF RISK BETWEEN YOU AND US AND THAT THESE WARRANTY DISCLAIMERS, RELEASES, AND LIMITATIONS OF LIABILITY FORM AN ESSENTIAL BASIS OF THE BARGAIN BETWEEN YOU AND US. WE WOULD NOT BE ABLE TO PROVIDE THE SERVICES TO YOU ON AN ECONOMICALLY REASONABLE BASIS WITHOUT THESE WARRANTY DISCLAIMERS, RELEASES, AND LIMITATIONS OF LIABILITY.
2. PRIVACY STATEMENT The Clear Fin Privacy Statement is incorporated into and part of the Terms. Please review the Privacy Statement carefully for disclosures relating to our collection, use, and sharing of information in connection with the Services including personal and geographic location information. Click here to review our Privacy Statement.
3. MODIFICATION OF THE TERMS AND CONDITIONS OF USE We reserve the right, at our discretion, to revise, modify, add, or remove portions of the Terms at any time. By your use of the Services, you obligate yourself to periodically check the Terms for any changes. Your continued use of the Services after the posting of any revisions or modifications to the Terms constitutes your binding acceptance of such changes.
4. PARTNER AND OTHER TERMS AND CONDITIONS Additional and/or different terms and conditions of use may apply to services or products provided through one or more of our partners, advertisers, or business associates, and you should refer to such terms and conditions before accessing, purchasing, using, or subscribing to such services or products.
5. OWNERSHIP AND PROPRIETARY RIGHTS IN THE SERVICES AND Clear Fin CONTENT The Services are owned and operated by Clear Fin. All content on the Services (except for User Content as that term is defined below), including but not limited to text, software, scripts, code, designs, graphics, photos, sounds, music, videos, applications, interactive features, patents, copyrights, trademarks, trade dress, service marks, and other intellectual property (collectively, “Clear Fin Content”) is owned by Clear Fin. You acknowledge and agree that the Services, any necessary software used in connection with the Services (if any), and any Clear Fin Content contain proprietary and confidential information that is protected by applicable intellectual property and other laws. Except as expressly permitted by applicable law or authorized by Clear Fin or applicable third party service providers or advertisers, you agree not to modify, rent, lease, loan, sell, distribute, or create derivative works based on the Services, the Services’ software, or any Clear Fin Content offered as part of the Services (other than User Content as that term is defined below), in whole or in part.
Limited Personal License to You. We grant you a limited, revocable, personal, non-transferable, and non-exclusive right and license to access and use the Services, provided that you do not (and do not allow any third party to) copy, modify, create a derivative work from, reverse engineer, reverse assemble, or otherwise attempt to discover any source code, or sell, assign, sublicense, grant a security interest in, or otherwise transfer any right in the Services. You agree not to access the Services by any means other than through authorized interfaces. You may not download, copy, or save any Clear Fin Content or any portion of it, for any purpose, except as permitted by select Services (e.g., printed maps) as provided for in the specific Guidelines and/or additional terms applicable to those Services, and in the limited cases where you need to print a copy of individual screens appearing as part of the Services solely for personal use or records, provided that any logos, marks or other legends that appear on the copied screens remain and are not removed from the printed copy. Except as expressly permitted under these Terms or applicable Guidelines, you may not modify, copy, publish, display, transmit, adapt, or in any way exploit Clear Fin Content without our prior written permission.
Our Trademarks and Intellectual Property (Reservation of Rights). We own the terms Clear Fin Clothing. You may not use or display any such Clear Fin Trademarks in any manner without our prior written permission. Any third party trademarks or service marks displayed via the Services are the property of their respective owners. We reserve all rights not expressly granted hereunder.
8. PAYMENT TERMS AND CANCELLATIONS You agree to pay any fees due for and incurred by your use of any Services that require payment or a subscription (“Paid Services”). If you choose to use Paid Services, you must designate and provide information about your preferred payment method (“Payment Method”). You agree to pay all fees and other charges incurred in connection with your Account. We will administer and apply payments you transmit via the online billing mechanisms of any of our affiliated websites and third party providers in a timely and commercially reasonable manner. Further, we reserve the right to terminate your access to a Paid Service for any nonpayment of associated charges. If you want to discontinue a Paid Service, then you must cancel that Paid Service per applicable cancellation procedures. The cancellation of a Paid Service will go into effect at the end of your current billing cycle, and you will have the same level of access to the Services through the remainder of such billing cycle. No refunds or credits will be provided upon cancellation.
Clear Fin Shopping. As you shop with us via Clear Fin Shopping and make purchases, we may require additional personal information and Payment Method information in order to complete your purchases. Additional terms and conditions may apply to Clear Fin Shopping services. We try to provide information relating to these terms and conditions, including refunds, exchange, re-stocking, taxes, shipping, and related information at or near the point of purchase. If you have questions relating to Clear Fin Shopping services, please click here to contact Clear Fin.
Errors and Inaccuracies. Our goal is to provide complete, accurate, up-to-date information through the Services. Unfortunately, it is not possible to ensure that any website or mobile application is completely free of human or technological errors. The Services may contain typographical mistakes, inaccuracies, or omissions, some of which may relate to pricing and availability, and some information may not be complete or current. We reserve the right to correct any errors, inaccuracies or omissions—including after an order has been submitted—and to change or update information at any time without prior notice. We sincerely apologize for any inconvenience this may cause.
9. USER CONTENT The Services contain interactive features that allow users to post, submit, publish, display, upload, email, message, supply, transmit, or otherwise make available to other users or persons (hereinafter, “Share”) information (other than personal information and/or location information which are expressly covered and governed by our Privacy Statement), including but not limited to data, text, files, geo-mapped routes, sound, photos, videos, graphics, artwork, ideas, communications, designs, opinions, status updates, physical activity such as workouts and workout data, sleep activity, comments, and “likes” (collectively, “User Content”).
Your Responsibility for User Content. User Content available in connection with the Services, whether publicly posted or privately transmitted, is the sole responsibility of the person from whom such User Content originated. This means that you, and not us, are entirely responsible for all User Content that you Share via the Services.
By Sharing User Content via the Services, you warrant: •you are solely responsible for the transmission, accuracy, completeness, and publication of that User Content; •you control all of the rights to that User Content and that it does not and will not infringe or violate the rights of any third party.
Prohibited User Content. You may not Share User Content in connection with the Services that we determine in our sole discretion: •is offensive, objectionable, and/or promotes racism, discrimination, bigotry, hatred, or physical harm of any kind against any group or individual; •harasses or advocates harassment of another person; •exploits people in a sexual or violent manner; •contains nudity, violence, or pornographic subject matter.
•In addition, you may not Share User Content in connection with the Services that: provides any telephone numbers, street addresses, last names, or email addresses of anyone except yourself; •promotes information that you know is false or misleading or promotes illegal activities or conduct that is abusive, threatening, obscene, defamatory, or libelous; •you do not have a right to make available under any law or under contractual or fiduciary relationships; •infringes any patent, trademark, trade secret, copyright, privacy, or other proprietary rights of any third party, including User Content that promotes an illegal or unauthorized copy of another person's copyrighted work, such as providing pirated computer programs or links to them, providing information to circumvent manufacture-installed copy-protect devices, or providing pirated music or links to pirated music files; •involves the transmission of “junk mail,” “chain letters,” or unsolicited mass mailing, instant messaging, "spimming," or "spamming;" •furthers or promotes any criminal activity or enterprise or provides instructional information about illegal activities including, but not limited to making or buying illegal weapons or drugs, violating someone's privacy, or providing or creating computer viruses; •solicits passwords or personal identifying information for commercial or unlawful purposes from other members; involves commercial activities and/or sales without our prior written consent, such as contests, sweepstakes, barter, advertising, or pyramid schemes; •involves commercial activities and/or sales without our prior written consent, such as contests, sweepstakes, barter, advertising, or pyramid schemes; •includes a photograph of another person posted without that person's consent or, in the case of children under the age of eighteen (18), parental consent, or otherwise constitutes an invasion of an individual's privacy or infringement of publicity rights; or •contains a virus or other harmful component.
IMPORTANT: Review Of User Content You acknowledge and agree that we and our designees have the right (but not the obligation), in our sole discretion, to pre-screen, monitor, refuse, or remove any User Content that is available via the Services. We may review and remove User Content at any time for any reason. Further, you acknowledge and agree that we may, at our sole discretion, deactivate or delete your Account temporarily or permanently and at any time if you post any of the Prohibited User Content outlined above.
Inaccurate or Unsafe User Content. By consenting to the Terms, you understand and acknowledge that when you access or otherwise use the Services, you may be exposed to User Content from a variety of sources, and that we are not responsible for the accuracy, usefulness, safety, or intellectual property rights of or relating to such User Content.
Objectionable User Content. You understand that by using the Services, you may be exposed to User Content Shared by other Users that is inaccurate, offensive, indecent, or otherwise objectionable.
No Confidentiality and How to Share an Idea. Except for information necessary to place an order, you may not submit or share confidential or proprietary information or trade secrets through the Services. If you wish to share an idea or suggestion with us, you must submit the idea through our Idea Submission website at https://uaideas.force.com/. If you do not follow this procedure, any information, materials, suggestions, ideas or comments sent to us will be deemed non-confidential, and by submitting it, you are granting us an irrevocable and unrestricted license to use, modify, reproduce, transmit, display and distribute it for any purpose whatsoever, with no payment or other compensation to you. However, we will not use your name unless we are required by law to identify the source of the materials, information, suggestions, ideas or comments, or unless we first obtain your permission.
10. USAGE RULES WE RESERVE THE RIGHT, BUT HAVE NO OBLIGATION, TO MONITOR ANY ACCOUNTS AND/OR ANY ACTIVITIES CONDUCTED THROUGH OR IN ANY WAY RELATED TO THE SERVICES (INCLUDING INVITING A FELLOW USER INTO A NETWORK OF FRIENDS), AS WELL AS ANY USER'S USE OF OR ACCESS TO LOCATION INFORMATION, PERSONAL INFORMATION, AND PROFILES OF OTHER USERS.
Prohibited Conduct & Uses. YOU UNDERSTAND, ACKNOWLEDGE, AGREE AND WARRANT THAT YOU MAY NOT AND THAT YOU WILL NOT:
•use the Services or any personal information or location information displayed on or made available in connection with the Services in any manner not expressly permitted by these Terms and our Privacy Statement. Further, you expressly agree that you will not use the Services or any personal information or location information displayed on or made available in connection with the Services to "stalk," harass, abuse, defame, threaten, or defraud other Users, or collect, attempt to collect, or store location information or personal information about other Users; •use the Services if you are under the age of 13 years old; •Share Prohibited User Content as outlined above; •use the Services for any commercial or non-personal use, except as permitted by these Terms; •fail to deliver payment for any Paid Services; •use the Services for any illegal purpose, or in violation of any local, state, national, or international law, including, without limitation, laws governing intellectual property and other proprietary rights, data protection and privacy, and import or export control; •make unsolicited offers, advertisements, or proposals or send junk mail to other Users of the Services. This includes, but is not limited to, unsolicited advertising, promotional materials, or other solicitation material and bulk mailing of commercial advertising, chain mail, informational announcements, charity requests, and petitions for signatures; •provide false or inaccurate registration credentials, impersonate any person or entity, including but not limited to a Clear Fin representative, and/or falsely claim an affiliation with any person or entity, or access the Accounts of other Users; •share passwords or any other means of access to a mobile device while any Service is running and accessible with any third party or encourage any other User(s) to do so; •misrepresent the source, identity, or content of information transmitted via the Services; •remove, circumvent, disable, damage, or otherwise interfere with: (i) the security-related features of the Services; (ii) the features of the Services that prevent or restrict use or copying of any content accessible through the Services; or (iii) the features of the Services that enforce limitations on use of the Services; •intentionally interfere with, or damage operation of the Services, or any User's enjoyment of them, by any means, including uploading or otherwise disseminating viruses, worms, or other malicious code; •attempt to gain unauthorized access to the Services, other accounts, computer systems or networks connected to the Services, or any part of it, through hacking, password mining, or any other means to interfere with, or attempt to interfere with, the proper working of any of the Services; •use any robot, spider, scraper, or other automated means to access the Services for any purpose without our express written permission, or bypass our robot exclusion headers or other measures we may use to prevent or restrict access to the Services, or modify the Services in any manner or form, nor will you use modified versions of the Services, including (without limitation) for the purpose of obtaining unauthorized access to the Services; •sell, transfer, or allow another person to access your Account, passwords, or profile; and/or use the Services to harm minors in any way.
Acknowledgment of Our Data Access and Usage Rights. You acknowledge, consent, and agree that we may access, preserve, retain, and disclose your User Data, Payment Method, and other User Content as permitted by these Terms and our Privacy Statement, if we have your consent, or if we are required to do so by law or in a good faith belief that such access, preservation, retention, and/or disclosure is reasonably necessary to: (a) comply with legal process; (b) enforce the Terms; (c) respond to claims that any User Content violates the rights of third parties; (d) respond to your requests for customer service; or (e) protect the rights, property or personal safety of Clear Fin, their respective affiliates, Users, and the general public. Subject to the foregoing, we will endeavor to use reasonable security measures to maintain the confidentiality of your User Data and Payment Method information.
11. INTERACTIONS WITH SERVICES USERS Some of the Services function as a venue to connect Users and certain third parties in a virtual community. As a neutral facilitator, we are not directly involved in the actual transactions and/or communications between you and other Users or such third parties. As a result, we have no control over the truth, accuracy, quality, legality, or safety of User Content or postings made by other Users or third parties. You shall at all times exercise common sense and good judgment when dealing with any other Users or third parties through the Services. You are solely responsible for your involvement with other Users and third parties. We reserve the right, but have no obligation, to monitor disagreements between any Users. If you elect to use certain Services for informing a friend about the Services, we will require you to provide your friend's contact information and/or email address. We will automatically send that friend a one-time email. We may store the information you provide for a period of time, provided that we will use such information only to identify if your friend is, or later becomes, a User of the Services. You represent that you are authorized to provide any third party email address or other information that you provide to us.
13. LINKS The Services may provide, or third parties may provide, links to other websites, applications, services, offers, and/or other resources (collectively, the “Third Party Resources”). Because we have no control over such Third Party Resources, you acknowledge and agree that we are not responsible for the availability of such Third Party Resources and that we do not endorse and are not responsible or liable for any content, advertising, products, or other materials on or available from such Third Party Resources.
17. ELECTRONIC COMMUNICATIONS Your Messages and Responsibilities. The Services may provide you with the ability to send messages and communications to us, our third party service providers, advertisers, and/or other Users. You agree to use communication methods available via the Services only to send communications and materials related to the subject matter for which we have made available the particular communication method, and you further agree that all such communications by you are deemed your User Content and are subject to and governed by the Terms. By using any of the communications methods available via the Services, you acknowledge and agree that (a) all communications methods constitute public, and not private, means of communication between you and the other party or parties, (b) communications sent to or received from third party service providers, advertisers, or other third parties are not endorsed, sponsored, or approved by us (unless expressly stated otherwise) and (c) communications are not pre-reviewed, post-reviewed, screened, archived, or otherwise monitored by us in any manner, though we reserve the right to do so at any time at our sole discretion in accordance with the Terms. You agree that all notices, disclosures, and other communications that we provide to you electronically satisfy any legal requirement that such communications be in writing.
18. CLAIMS OF COPYRIGHT INFRINGEMENT If you have reason to believe any part of the User Content or Clear Fin Content infringes the copyrights of others, please notify our Copyright Agent immediately using the contact information provided below. It is our policy to investigate any allegations of copyright infringement brought to our attention. We reserve the right in our sole discretion to immediately suspend and/or terminate access to the Services by any User who is alleged to have posted infringing materials or a link to infringing materials via the Services and to immediately remove or disable the allegedly infringing materials or link.
If you are the copyright owner (or are authorized to act on behalf of the copyright owner), please notify our Copyright Agent immediately if you believe that (a) any Content displayed on or via the Services infringes your copyright or (b) any link posted via the Services links to materials that infringe your copyright. As soon as we receive your notice of claimed infringement, in the form described below, we will promptly remove or disable access to the materials that are claimed to be infringing (or the subject of infringing activity). Your notice must comply with the Digital Millennium Copyright Act (“DMCA”), be in writing, and must include the following: a description of the copyrighted work you believe has been infringed (or if you believe multiple copyrighted works have been infringed, a representative list); a description of the material you believe is infringing or the subject of infringing activity, together with enough information to permit us to locate the material; enough information to permit us to contact you, such as, your name, address, telephone number and, if available, e-mail address; a statement that you have a good faith belief that the allegedly infringing use of the material was not authorized by the owner of the exclusive right that is allegedly infringed (the “copyright owner”), an agent for the copyright owner, or by law; a statement that all of the information you have provided is accurate; and a statement, made under penalty of perjury, that you are the copyright owner or are authorized to act on behalf of the copyright owner. Your notice must be signed (physically or electronically) and must be addressed as follows:
Copyright Agent Clear Fin Clothing, LLC 60 Rockwood Rd Florham Park, NJ 07932 email@example.com
You acknowledge that if you fail to comply with all of the requirements of this section, your notice may not be valid. Please note that under Section 512(f) of the DMCA, any person who knowingly materially misrepresents that material or activity is infringing may be subject to liability.
19. FEEDBACK We welcome your comments, feedback, suggestions, and other communications regarding the Services (collectively, “Feedback”). While you are not obligated to provide Feedback, in the event that you provide Feedback, you hereby grant us a worldwide, non-exclusive, transferrable, assignable, sub-licensable, perpetual, irrevocable, fully paid up, royalty-free license to copy, distribute, create derivative works of, publicly display and perform, and otherwise exploit such Feedback and to use, make, have made, sell, offer for sale, import, and export products and services based on such Feedback. For this reason, we ask that you not transmit any Feedback that you do not wish to license to us as set forth above.
20. DISCLAIMER OF WARRANTIES AND LIABILITY
THE SERVICES AND ANY THIRD-PARTY SOFTWARE, SERVICES, OR APPLICATIONS MADE AVAILABLE IN CONJUNCTION WITH OR THROUGH THE SERVICES ARE PROVIDED "AS IS" AND WITHOUT WARRANTIES OF ANY KIND EITHER EXPRESS OR IMPLIED. CLEAR FIN AND THEIR RESPECTIVE SUBSIDIARIES, AFFILIATES, OFFICERS, EMPLOYEES, AGENTS, PARTNERS, LICENSORS, AND SUPPLIERS (INCLUDING, WITHOUT LIMITATION, OUR THIRD-PARTY WIRELESS CARRIER PARTNERS) (COLLECTIVELY, THE“CLEAR FIN PARTIES”), DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND TITLE AND NON-INFRINGEMENT.
THE CLEAR FIN PARTIES MAKE NO WARRANTY THAT (a) THE SERVICES WILL MEET YOUR REQUIREMENTS; (b) THE SERVICES WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE; (c) THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SERVICES WILL BE ACCURATE OR RELIABLE; (d) THE QUALITY OF ANY PRODUCTS, SERVICES, INFORMATION, OR OTHER MATERIAL PURCHASED OR OBTAINED BY YOU THROUGH THE SERVICES WILL MEET YOUR EXPECTATIONS; AND (e) ANY ERRORS IN THE SERVICES WILL BE CORRECTED.
THE CLEAR FIN PARTIES DO NOT WARRANT THAT THE FUNCTIONS CONTAINED IN THE MOBILE APPLICATIONS WILL BE UNINTERRUPTED OR ERROR-FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT THE SERVICES, SYSTEMS, NETWORKS OR SERVERS THAT MAKE THEM AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. MOREOVER, THE Clear Fin PARTIES (INCLUDING, WITHOUT LIMITATION, THEIR THIRD-PARTY WIRELESS CARRIER PARTNERS) DO NOT WARRANT OR MAKE ANY REPRESENTATIONS REGARDING THE USE OR THE RESULTS OF THE USE OF ANY PERSONAL INFORMATION OR LOCATION INFORMATION OR THE SERVICES IN TERMS OF SECURITY, SAFETY, CORRECTNESS, ACCURACY, RELIABILITY, OR OTHERWISE. YOU (AND NOT Clear Fin OR OUR SUPPLIERS OR PARTNERS) ASSUME THE ENTIRE COST OF ANY NECESSARY SERVICING, REPAIR, OR CORRECTION RELATED TO THE SERVICES.
Miscellaneous Disclaimers The CLEAR FIN Parties disclaim any responsibility for the deletion, failure to store, misdelivery, or untimely delivery of any and all information or material, including Clear Fin Content and User Content.
YOU UNDERSTAND AND AGREE THAT WHEN YOU DOWNLOAD OR OTHERWISE OBTAIN MATERIAL OR DATA VIA THE SERVICES, YOU DO SO AT YOUR OWN DISCRETION AND RISK. THE CLEAR FIN PARTIES DISCLAIM ANY RESPONSIBILITY FOR ANY HARM TO YOU THAT RESULTS FROM DOWNLOADING OR ACCESSING ANY INFORMATION OR MATERIAL THROUGH THE SERVICES.
CERTAIN STATE LAWS DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES. IF THESE LAWS APPLY TO YOU, SOME OR ALL OF THE ABOVE DISCLAIMERS, EXCLUSIONS, OR LIMITATIONS MAY NOT APPLY TO YOU.
22. LIMITATION OF LIABILITY AND DAMAGES YOU ACKNOWLEDGE AND AGREE THAT UNDER NO CIRCUMSTANCES, INCLUDING, WITHOUT LIMITATION, NEGLIGENCE, WILL ANY OF THE CLEAR FIN PARTIES (INCLUDING WITHOUT LIMITATION OUR THIRD-PARTY WIRELESS CARRIER PARTNERS) OR SUPPLIERS BE LIABLE TO YOU FOR ANY SPECIAL, INDIRECT, INCIDENTAL, PUNITIVE, RELIANCE, CONSEQUENTIAL, OR EXEMPLARY DAMAGES RELATED TO OR RESULTING FROM: (A) THE USE, DISCLOSURE, DISPLAY, OR MAINTENANCE OF A USER'S PERSONAL INFORMATION AND/OR LOCATION INFORMATION; (B) YOUR USE OF THE SERVICES OR THE ABILITY OR INABILITY TO USE THE SERVICES; (C) THE SERVICES GENERALLY, INCLUDING THE NETWORKS AND SYSTEMS THAT MAKE THE SERVICES AVAILABLE; OR (D) ANY OTHER INTERACTIONS WITH US OR ANY OTHER USER OF THE SERVICES, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THIS LIMITATION WILL ALSO APPLIES WITH RESPECT TO DAMAGES INCURRED BY REASON OF OTHER SERVICES OR GOODS RECEIVED THROUGH OR ADVERTISED ON THE SERVICES OR RECEIVED THROUGH ANY LINKS PROVIDED WITH THE SERVICES, AS WELL AS BY REASON OF ANY INFORMATION OR ADVICE RECEIVED THROUGH OR ADVERTISED ON THE SERVICES OR RECEIVED THROUGH ANY LINKS PROVIDED IN CONNECTION WITH THE SERVICES. THIS LIMITATION ALSO APPLIES, WITHOUT LIMITATION, TO THE COSTS OF PROCUREMENT OF SUBSTITUTE GOODS OR SERVICES, LOST PROFITS, OR LOST DATA. SUCH LIMITATION FURTHER APPIES WITH RESPECT TO THE PERFORMANCE OR NON-PERFORMANCE OF THE SERVICES OR ANY INFORMATION OR MERCHANDISE THAT APPEARS ON, OR IS LINKED OR RELATED IN ANY WAY TO THE SERVICES. SUCH LIMITATION APPLIES NOTWITHSTANDING ANY FAILURE OF ESSENTIAL PURPOSE OF ANY LIMITED REMEDY AND TO THE FULLEST EXTENT PERMITTED BY LAW.
Without limiting the foregoing, under no circumstances will any of the CLEAR FIN Parties be held liable for any delay or failure in performance resulting directly or indirectly from acts of nature, forces, or causes beyond their reasonable control, including, without limitation, Internet failures, computer equipment or security failures, telecommunication equipment failures, other equipment failures, hacking, electrical power failures, strikes, labor disputes, riots, insurrections, civil disturbances, shortages of labor or materials, fires, floods, storms, explosions, acts of God, war, governmental actions, orders of domestic or foreign courts or tribunals, non-performance of third parties, or loss of or fluctuations in heat, light, or air conditioning.
IN NO EVENT WILL ANY OF THE CLEAR FIN PARTIES’ (INCLUDING WITHOUT LIMITATION OUR THIRD-PARTY WIRELESS CARRIER PARTNERS) OR SUPPLIERS’ TOTAL LIABILITY (IN THE AGGREGATE) TO YOU FOR ALL DAMAGES, LOSSES, AND CAUSES OF ACTION ARISING OUT OF OR RELATING TO THESE TERMS OR YOUR EMPLOYMENT OF THE SERVICES WHETHER IN CONTRACT, TORT (INCLUDING WITHOUT LIMITATION NEGLIGENCE), WARRANTY, OR OTHERWISE EXCEED THE AMOUNTS PAID BY YOU FOR ACCESSING THE SERVICES DURING THE TWELVE (12) MONTHS IMMEDIATELY PRECEDING THE DATE OF YOUR CLAIM OR ONE THOUSAND DOLLARS ($1000.00), WHICHEVER IS GREATER.
YOU FURTHER AGREE THAT THE LIMITATIONS OF LIABILITY SET FORTH ABOVE WILL SURVIVE ANY TERMINATION OR EXPIRATION OF THESE TERMS AND WILL APPLY EVEN IF ANY LIMITED REMEDY SPECIFIED HEREIN IS FOUND TO HAVE FAILED OF ITS ESSENTIAL PURPOSE. APPLICABLE LAW MAY NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY OR INCIDENTAL OR CONSEQUENTIAL DAMAGES. ACCORDNIGLY, THE EXCLUSIONS, AND LIMITATIONS SET FORTH ABOVE MAY NOT APPLY IN THEIR ENTIRETY TO YOU. YOU AGREE, HOWEVER, THAT OUR LIABILITY WILL BE LIMITED TO THE EXTENT PERMITTED BY LAW.
23. TERMINATION You agree that we may, under certain circumstances and without prior notice, immediately terminate your Account and/or access to the Services. Cause for such termination includes, but is not limited to, (a) real or suspected breaches or violations of the Terms, other incorporated agreements, Guidelines, and/or additional terms, (b) requests by law enforcement or other government agencies, (c) a request by you (self-initiated Account deletions), (d) discontinuance or material modification to the Services (or any portion thereof), (e) unexpected technical or security issues or problems, (f) extended periods of inactivity, and/or (g) nonpayment of any fees owed by you in connection with the Services. Termination of your Account may include (x) removal of access to all offerings within the Services, (y) deletion of your User Data, personal information, files and User Content associated with or inside your Account, and (z) barring of further use of the Services. Further, you agree that all terminations for cause will be made in our sole discretion and that we are not liable to you or any third party for any termination of your Account or access to the Services.
24. APPLICABLE LAWS, ARBITRATION, CLASS ACTION WAIVER AND SURVIVAL
U.S. Usage, Consent, and Export Controls. We control and operate the Services from our offices within the United States of America. We do not make any representation that User Content, Clear Fin Content, or the Services are appropriate or available for use in other locations, and access to them from territories where the content or use of the Services is illegal is prohibited. Those who choose to access the Services from locations outside of the United States do so on their own initiative and are responsible for compliance with applicable local laws. If you use the Services outside the United States, you expressly agree to the transfer and processing of any information we collect wherever we may have operations. You may not use or export the Clear Fin Content or User Content in violation of U.S. export laws and regulations.
Governing Law. The Terms and the relationship between you and us is be governed by the laws of the state of New Jersey, and federal law as applicable, without regard to the conflict of law provisions of the state of New Jersey.
Individual, Confidential Arbitration. You and we agree to submit to the personal and exclusive arbitration of any disputes relating to your use of the Service under the rules of the American Arbitration Association. Arbitration is more informal than a lawsuit in court. Arbitration uses a neutral arbitrator instead of a judge or jury, allows for more limited discovery than in court, and is subject to very limited review by courts. Arbitrators can award the same damages and relief that a court can award. Please visit www.adr.org for more information about arbitration, Any such arbitration between you and us, to the extent necessary, will be conducted in Baltimore, Maryland, and you waive any right to claim that such location is an inconvenient forum. You covenant not to sue us in any other forum.
The arbitration will be conducted in the English language. A single independent and impartial arbitrator will be appointed pursuant to the rules of the American Arbitration Association, as modified herein. You and we agree to comply with the following rules, which are intended to streamline the dispute resolution process and reduce the costs and burdens on the parties: (a) the arbitration will be conducted by telephone, online and/or be solely based on written submissions, the specific manner to be chosen by the party initiating the arbitration; (b) the arbitration will not require any personal appearance by the parties or witnesses unless otherwise mutually agreed in writing by the parties; and (c) any judgment on the award rendered by the arbitrator may be entered in any court of competent jurisdiction.
Barring extraordinary circumstances, the arbitrator will issue his or her decision within 120 days from the date the arbitrator is appointed. The arbitrator may extend this time limit for an additional 30 days in the interests of justice. All arbitration proceedings will be closed to the public and confidential and all records relating thereto will be permanently sealed, except as necessary to obtain court confirmation of the arbitration award. The award of the arbitrator will be in writing and will include a statement setting forth the reasons for the disposition of any claim.
You also acknowledge and understand that, with respect to any dispute with the Released Parties arising out of or relating to your use of the Services: •YOU ARE GIVING UP YOUR RIGHT TO HAVE A TRIAL BY JURY; •YOU ARE GIVING UP YOUR RIGHT TO SERVE AS A REPRESENTATIVE, AS A PRIVATE ATTORNEY GENERAL, OR IN ANY OTHER REPRESENTATIVE CAPACITY, OR TO PARTICIPATE AS A MEMBER OF A CLASS OF CLAIMANTS, IN ANY LAWSUIT INVOLVING ANY SUCH DISPUTE; AND •YOU MUST FILE ANY CLAIM WITHIN ONE (1) YEAR AFTER SUCH CLAIM AROSE OR IT IS FOREVER BARRED.
Only if this arbitration provision is deemed to be null and void, then all disputes arising between you and us under the Terms will be subject to the exclusive jurisdiction of the state and federal courts located in or having jurisdiction over Baltimore, Maryland, and you and we hereby submit to the personal jurisdiction and venue of these courts.
25. GENERAL You agree that no joint venture, partnership, employment, or agency relationship exists between you and us as a result of the Terms or your use of the Services. The Terms constitute the entire agreement between you and us with respect to your use of the Services. Our failure to exercise or enforce any right or provision of the Terms does not constitute a waiver of such right or provision. If any provision of the Terms is found by a court of competent jurisdiction to be invalid, the parties nevertheless agree that the court should endeavor to give effect to the parties' intentions as reflected in the provision, and the other provisions of the Terms remain in full force and effect. You may not assign, delegate, or otherwise transfer your Account or your obligations under these Terms without our prior written consent. We have the right, in our sole discretion, to transfer or assign all or any part of our rights under these Terms and will have the right to delegate or use third party contractors to fulfill our duties and obligations under these Terms and in connection with the Services. Our notice to you via email, regular mail, or notices or links displayed in connection with the Services constitutes acceptable notice to you under the Terms. Notice will be deemed received forty-eight hours after it is sent if transmitted via email or regular mail. In the event that notice is provided via links displayed in connection with the Services then it will be deemed received twenty-four hours after it is first displayed.
Sections 5, 20, 21, 22, 24, and 25 will survive termination of your Account and/or the Terms.
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