TERMS OF USE
Overview
Welcome to the website of Clarity Media Group (“Clarity Media Group”, “us,” “our,” or “we”). These Terms of Use (“Terms“) set forth the terms and conditions under which you are authorized to access and use our website at https://claritymg.com/ (our “Site”). Through your use of our Site, you agree to these Terms.
Modifications and Interruption to the Site or Access
We reserve the right to modify or discontinue all or any portion of our Site, or to terminate access to the Site for any user believed to be violating these Terms, with or without notice to you. We will not be liable if we choose to exercise these rights. You acknowledge and accept that we do not guarantee continuous, uninterrupted or secure access to our Site, or that our Site will be error free. You understand that usage of our Site may be adversely affected by numerous factors or circumstances outside of our control.
ARBITRATION AND CLASS WAIVER NOTICE
Please note that these Terms of Use contain an arbitration clause and class action wavier (see “Dispute Resolution; Arbitration; Class Waiver” below). Through your agreement to these Terms of Use: (i) you and Clarity Media Group agree to resolve through binding, individual arbitration, and not in court, any and all disputes arising from or relating to these Terms of Use or any other services or products provided, sold, purchased, managed, operated, or fulfilled by Clarity Media Group; and (ii) you and Clarity Media Group each expressly waive any rights to enforce this agreement in court or as a class, subject to the limited exceptions described below. THIS MEANS THAT ALL DISPUTES WILL BE DECIDED BY AN ARBITRATOR AND YOU ARE GIVING UP THE RIGHT TO GO TO COURT AND THE RIGHT TO A TRIAL BY JURY. AS WELL AS THE RIGHT TO PARTICIPATE IN A CLASS ACTION OR CLASS ARBITRATION.
Privacy Policy
Our Privacy Policy describes the information we collect and process when you and others use our Site or otherwise interact with us, as well as how we use the information, and some of the steps we take to protect your privacy. By using any of our Site and therefore agreeing to these Terms of Use, you are also consenting to our use of your personal information in accordance with our Privacy Policy.
DISCLAIMER OF WARRANTIES AND LIMITATION OF LIABILITY
TO THE FULLEST EXTENT PERMITTED BY LAW, CLARITY MEDIA GROUP, INC., ITS RELATED ENTITIES, ITS CONTENT PROVIDERS, ITS SERVICE PROVIDERS, ITS LICENSORS, AND ITS OR THEIR RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES OR AGENTS (COLLECTIVELY THE “COMPANY PARTIES”) EXPRESSLY DISCLAIM ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS, IMPLIED OR STATUTORY, INCLUDING, BUT NOT LIMITED TO, ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT, RELATED TO OUR SITE. YOU UNDERSTAND AND AGREE THAT YOUR USE OF OUR SITE IS AT YOUR SOLE RISK. OUR SITE IS PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS. THE COMPANY PARTIES ARE NOT RESPONSIBLE FOR THE TIMELINESS OF DELIVERY OF CONTENT, ANY FAILURES OF DELIVERY, ERRONEOUS DELETION, OR ANY LOSS OR DAMAGE OF ANY KIND YOU CLAIM WAS INCURRED AS A RESULT OF THE USE OF OUR SITE. UNDER NO CIRCUMSTANCES, WILL ANY OF THE COMPANY PARTIES BE LIABLE TO YOU OR TO ANY PERSON OR ENTITY CLAIMING THROUGH YOU FOR ANY LOSS, INJURY, LIABILITY OR DAMAGES ARISING OUT OF OR IN CONNECTION WITH YOUR ACCESS TO, USE OF, INABILITY TO USE, OR RELIANCE ON OUR SITE OR ANY CONTENT PROVIDED THROUGH OUR SITE. THIS IS A COMPREHENSIVE LIMITATION OF LIABILITY THAT APPLIES TO ALL LOSSES AND DAMAGES OF ANY KIND WHATSOEVER, WHETHER DIRECT OR INDIRECT, GENERAL, SPECIAL, INCIDENTAL, CONSEQUENTIAL, EXEMPLARY OR OTHERWISE, INCLUDING WITHOUT LIMITATION, LOSS OF DATA, GOODWILL, REVENUE OR PROFITS. THIS LIMITATION OF LIABILITY APPLIES WHETHER THE ALLEGED LIABILITY IS BASED ON CONTRACT, NEGLIGENCE, TORT, STRICT LIABILITY OR ANY OTHER BASIS; EVEN IF ANY COMPANY PARTY HAS BEEN ADVISED OF OR SHOULD HAVE KNOWN OF THE POSSIBILITY OF SUCH DAMAGES; AND WITHOUT REGARD TO THE SUCCESS OR EFFECTIVENESS OF OTHER REMEDIES. IF ANY PART OF THIS LIMITATION OF LIABILITY IS FOUND TO BE INVALID, ILLEGAL OR UNENFORCEABLE FOR ANY REASON, THEN THE AGGREGATE LIABILITY OF THE COMPANY PARTIES UNDER SUCH CIRCUMSTANCES TO YOU OR ANY PERSON OR ENTITY CLAIMING THROUGH YOU FOR LIABILITIES THAT OTHERWISE WOULD HAVE BEEN LIMITED WILL NOT EXCEED ONE HUNDRED U.S. DOLLARS.
SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES OR THE LIMITATION OR EXCLUSION OF LIABILITY FOR CERTAIN TYPES OF DAMAGES. ACCORDINGLY, SOME OF THE ABOVE DISCLAIMERS OF WARRANTIES AND LIMITATIONS OF LIABILITY MAY NOT APPLY TO YOU.
You acknowledge that you may have or may in the future have claims against us which you do not know or suspect to exist in your favor when you agreed to these Terms and which if known, might materially affect your consent to these Terms. You expressly waive all rights you may have under Section 1542 of the California Civil Code, which states:
A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS WHICH THE CREDITOR DOES NOT KNOW OR SUSPECT TO EXIST IN HIS OR HER FAVOR AT THE TIME OF EXECUTING THE RELEASE, WHICH IF KNOWN BY HIM OR HER MUST HAVE MATERIALLY AFFECTED HIS OR HER SETTLEMENT WITH THE DEBTOR.
Indemnification
You agree to indemnify and hold the Company Parties harmless from any claim or demand, including reasonable attorney’s fees and costs, made by any third party due to or arising out of your use of our Site in a manner not permitted by these Terms.
Third-Party Sites
Our Site includes links to other sites on the Internet that are owned and operated by our affiliated entities or third parties, and certain content and functionality on or available through our Site may be provided by third parties. You acknowledge that we are not responsible for the availability of, or the content located on or through, any third-party site. You should contact the site administrator for those third-party sites if you have any concerns regarding such links or the content located on such sites. Your use of those third-party sites is subject to the Terms and privacy policies of each site, and we are not responsible therefore. We encourage our users to review the Terms and privacy policies of third-parties’ sites.
Copyright and Trademark Information
All content, copyrightable material, and other intellectual property rights in the content available on our Site, including without limitation design, text, graphics, interfaces, and the selection and arrangements thereof (collectively “Content”), are owned by Clarity Media Group, Inc. or may be licensed to Clarity Media Group, Inc. by its affiliated entities or third parties. This Content is protected by the intellectual property rights of Clarity Media Group, Inc. or those owners. All Content which qualifies for protection under U.S. Federal Copyright Law is subject to the exclusive jurisdiction of the Federal Court System, whether registered or unregistered. All trademarks displayed on our Site are the trademarks of their respective owners and constitute neither an endorsement nor a recommendation of such parties. In addition, such use of trademarks or links to the websites of third parties is not intended to imply, directly or indirectly, that those third parties endorse or have any affiliation with Clarity Media Group, Inc.
Links to the Site
Unless otherwise prohibited under these Terms, you are hereby licensed to create hyperlinks to the content on the Site, provided that the hyperlink accurately describes the content as it appears on the Site
Under no circumstances may you “frame” the Site or any of their Content or copy portions of the Site to a server, except as part of an Internet service provider’s incidental caching of pages. When a page of our Site is accessed from a featured on your web site, each page within our Site must be displayed in full (including all trademarks, branding, advertising and promotional materials), without any accompanying frame, border, margin, design, branding, trademark, advertising, or promotional materials not originally displayed on the page within the Site, and without any interstitial pop-ups or web pages loading before the applicable target page is accessed. Clarity Media Group reserves the right to revoke these licenses generally, or your right to use specific links or RSS feeds, at any time, with or without cause.
Use of the Content and Site
Any use of Content on the Site, including without limitation reproduction for purposes other than those noted herein, modification, distribution, replication, any form of data extraction or data mining, or other commercial exploitation of any kind, without prior written permission of Clarity Media Group, is strictly prohibited. With the exception of search engines, you agree that you will not use any robot, spider, or other automatic device, or manual process to monitor or copy our web pages or the Content contained therein without prior written permission of Clarity Media Group.
In addition, you may not use our Site to, assist anyone else to, or otherwise engage in any of the following activities: (1) violate or encourage the violation of any local, state, national, or international law or regulation; (2) infringe any patent, trademark, trade secret, copyright, right of publicity or privacy, or other right of any party; (3) disrupt or interfere with the security or use of the Site (4) interfere with or damage the integrity of the Site, including, without limitation, through the use of viruses, Trojan horses, harmful code, denial of service attacks, packet or IP spoofing, forged routing or email address information or similar methods or technology or disobey any requirements, procedures, policies, or regulations of networks connected to our Site; (5) use any meta tags or any other “hidden text” utilizing Clarity Media Group name, trademarks, or product names; (6) attempt to reverse engineer or otherwise derive or obtain the code in any form for the Site; (7) engage in any activity that interferes with any third party’s ability to use or enjoy the Site; (8) reproduce, duplicate, copy, sell, resell, create derivative works, or exploit for any commercial purpose any content on the Site; or (9) deep link to the Site for any purpose; or frame the Site, place pop-up windows over any content, or otherwise affect the display of the Site.
Dispute Resolution; Arbitration; Class Waiver
By entering into Terms of Use, you hereby irrevocably waive any right you may have to join claims with those of others in the form of a class action or similar procedural device. Any claims arising out of, relating to, or connected with these Terms of Use must be asserted individually. You acknowledge and agree that, regardless of any statute or law to the contrary, any claim or cause of action you may have arising out of, relating to, or connected with your use of the Site must be filled within one calendar year after such claim or cause of action arises, or forever be barred. If a claim proceeds in court, we each waive any right to a jury trial.
Any dispute arising out of or relating in any way to your use of our Site or any products, services, or information you receive through our Site, shall be submitted to confidential, binding arbitration in Denver, Colorado, USA, pursuant to the American Arbitration Association’s Commercial Arbitration Rules, using one arbitrator. The arbitrator’s award shall be final and binding and may be entered as a judgment in any court of competent jurisdiction. No arbitration under these Terms of Use may be joined with another arbitration related to the subject matter hereof. Notwithstanding the foregoing arbitration requirement, with regard to any actual or potential violation of our intellectual property rights, we may seek injunctive or other appropriate relief in the courts Denver, Colorado, USA, and you hereby consent to the exclusive jurisdiction of such courts and waive all objections thereto.
The following processes shall govern the arbitration:
• Before commencing an arbitration, you agree to inform us of the nature of the claim and the relief you seek by sending an email to legal@claritymg.com so stating.
• Within seven (7) days, Clarity Media Group will contact you and thereafter you and we will attempt to resolve the claim or issue in a satisfactory way.
• If, following these attempts at exploring a resolution, you intend to proceed with an arbitration claim, you and we will seek to reach an agreement on the selection of an arbitrator to hear and decide the dispute and how it will be heard, including whether to submit the dispute to the arbitrator only in written form, by proceedings conducted via video or in-person.
• In the event that you and we cannot agree on an arbitrator, the process set forth in Section 11(a) of the Uniform Arbitration Act, or any comparable provision in your state will be followed.
Governing Laws
The interpretation of the rights and obligations of the parties under this Agreement, including, to the extent applicable, any negotiations, arbitrations or other proceedings hereunder, will be governed in all respects exclusively by the laws of the State of Colorado, U.S.A. With the exception of any matters subject to arbitration as described above, each party agrees that it will only bring any action or proceeding arising from or relating to this Agreement in a federal court in the state and federal courts of Denver, Colorado, and you irrevocably submit to the personal jurisdiction and venue of any such court in any such action or proceeding or in any action or proceeding brought in such courts by Clarity Media Group.
Changes to These Terms
We reserve the right, at any time, to modify these Terms of Use without prior notice. Modifications will become effective immediately upon being posted to our Site, without further notice to you. Your continued use of our Site after such modifications are posted constitutes your acceptance of such modifications.
Other Terms
If any provision of these Terms of Use shall be unlawful, void or unenforceable for any reason, the other provisions (and any partially enforceable provision) shall not be affected thereby and shall remain valid and enforceable to the maximum possible extent. You agree that these Terms of Use and any other agreements referenced herein may be assigned by Clarity Media Group, in our sole discretion, to a third party in the event of a merger or acquisition. These Terms of Use shall apply in addition to, and shall not be superseded by, any other written agreement between us in relation to your participation as a User. You agree and understand that these Terms of Use constitute the entire agreement between you and Clarity Media Group regarding your use of the Site, and that any and all prior agreements between you and Clarity Media Group are superseded by these Terms of Use. Notwithstanding the foregoing, the preceding sentence will not supersede any separate agreements you may enter into with Clarity Media Group. You may not amend these Terms of Use. Any failure by Clarity Media Group to exercise its rights under these Terms or to enforce the terms hereof will not constitute a waiver of those rights. If any term of these Terms of Use is found by a court of competent jurisdiction to be invalid or unenforceable, the parties agree that the court in any event should try to give effect to the parties’ intentions as reflected in the provision, and that all of the other provisions of these Terms will remain in full force and effect. You agree that regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to use of the Services or these Terms must be filed within one (1) year after such claim or cause of action arose or be forever barred.
Compliance with Laws
You assume all knowledge of applicable law and you are responsible for compliance with any such laws. You may not use our Site in any way that violates applicable state, federal, or international laws, regulations or other government requirements. By using our Site, you represent and warrant that (i) you are not located in a country that is subject to a U.S. Government embargo, or that has been designated by the U.S. Government as a “terrorist supporting” country; and (ii) you are not listed on any U.S. Government list of prohibited or restricted parties.
Contact Us
If you have any questions about these Terms of Use, or for permission to use any Content on our Site, please contact: legal@claritymg.com and to Clarity Media Group, Inc., 555 17th St., Suite 425, Denver, CO 80202.