These terms and conditions of use apply exclusively to your access to and use of the Clearsight Systems Inc. ("Clearsight") website (the "Site") and do not alter in any way the terms and conditions of any other agreement you may have with Clearsight for products, services, or otherwise.
If you do not agree with any of these terms, do not access or otherwise use this Site or any information or materials contained on the Site. Your use of the Site shall be deemed to be your agreement to abide by each of the terms set forth below.
Privacy Policy
Your use of the Site is governed by the
Clearsight Privacy Policy, which is available and incorporated by reference into these terms.
Use of Copyrighted Materials/Trademarks
Any materials on the Site, including without limitation any documentation, content, text, data, graphics, images, interfaces, or other materials or works of authorship, (the "Materials") are copyrighted materials owned by or licensed to Clearsight. All rights are reserved. The Materials contain trademarks, service marks, and trade names which are owned by Clearsight and its affiliates, and may also contain brand and product names which are trademarks, service marks, or trade names of third parties which are owned by their respective owners. Except as otherwise noted in the Site, you are hereby authorized to view, download, cache, copy, and print the Materials solely for your personal use and not for resale or further distribution, subject to the following conditions:
Any copy of the Materials or portion thereof must include the Clearsight copyright notice.
Clearsight reserves the right to revoke such authorization at any time, and any such use by you shall be discontinued immediately upon notice from Clearsight.
Any product, process or technology described in the Materials or offered for sale through the Site may be subject to other intellectual property rights reserved by Clearsight, its affiliates, or third parties. Nothing contained in the Site shall be construed as conferring any license or right under any copyright, trade secret, patent, trademark, or other intellectual property rights ("IP Rights") of Clearsight, its affiliates, or any third party, and, except as expressly provided herein, all such IP Rights in the Materials on the Site are expressly reserved to Clearsight, its affiliates, and/or any third party, as applicable.
Hyperlinks to This Site
You are granted a limited, nonexclusive right to create a "hypertext" link to the Site provided that such link is to the entry page of this website and does not portray Clearsight or any of its other products or services in a false, misleading, derogatory, or otherwise defamatory manner. This limited right may be revoked at any time for any reason whatsoever. You may not use, frame, or utilize framing techniques to enclose any Clearsight trademark, logo, or trade name or other proprietary information including the images found at the Site, the content of any text or the layout/design of any page or any form contained on a page without the express written consent of Clearsight.
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Links to Third-Party Websites
The Site may be linked to other websites on the World Wide Web or Internet that are not affiliated with, under the control of, or otherwise maintained by Clearsight. If you use these links, you may leave the Site. Clearsight has not reviewed all of these third-party sites and does not control and is not responsible for any of these sites or their content. Clearsight does not endorse or make any representations about third-party sites or any information, software or other products or materials found there, or any results that may be obtained from using them. If you decide to access any of the third-party sites linked to the Site, you do so entirely at your own risk.
Password-Restricted Areas of the Website
Certain areas of the Site may be password restricted to registered users ("Password-Protected Areas"). If you have registered as an authorized user to gain access to these Password-Protected Areas, you agree that you are entirely responsible for maintaining the confidentiality of your password, and agree to notify Clearsight if the password is lost, stolen, or disclosed to an unauthorized third party, or otherwise may have been compromised. You agree that you are entirely responsible for any and all activities that occur under your account, including any fees that may be incurred under your password-protected account, whether or not you are the individual who undertakes such activities. You agree to immediately notify Clearsight of any unauthorized use of your account or any other breach of security in relation to your password or the Site that is known to you.
Submissions
You acknowledge that you are responsible for the information and material that you submit to the Site though email or otherwise (each a "Submission"), and that you, and not Clearsight, will have full responsibility for each of your Submissions, including its legality, reliability, appropriateness, originality, and copyright. As such, you agree to indemnify and hold Clearsight entirely harmless from and against any and all costs, damages, liabilities, and expenses (including attorneys' fees) incurred by Clearsight in relation to, arising from, or for the purpose of avoiding any claim or demand from a third party that your Submissions, your use of the Site, or the use of the Site by any person using your screen name and/or password violates any applicable law or regulation, or the rights of any third party.
Any material, information, or ideas you transmit to or post on the Site by any means will be treated as non-confidential and non-proprietary and may be disseminated or used by Clearsight or its affiliates for any purpose whatsoever, including, but not limited to, developing, manufacturing, and marketing products. Notwithstanding the foregoing, all personal data provided to Clearsight will be handled in accordance with the Clearsight Privacy Statement.
Third-Party Beneficiary
You acknowledge and agree that Clearsight's licensors are third-party beneficiaries ("Third-Party Beneficiaries") of this Agreement between Clearsight and you.
Disclaimer of Warranties
Clearsight and its Third-Party Beneficiaries make no, and hereby disclaim all warranties, express, implied, and statutory, including without limitation, the implied warranties of merchantability, fitness for a particular purpose, non-infringement of third-party rights, compliance with Federal, State, and local regulations, the accuracy, timeliness, relevance, or completeness of the course contents or any other warranties regarding the service, site, content, or the quality, suitability, truth, accuracy, timeliness, relevance, and completeness of any content contained on the site or included as part of the service. You acknowledge and agree that Clearsight and its Third-Party Beneficiaries do not warrant that access to the service and the site will be uninterrupted, error-free, or without compromise or infiltration of security systems.
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Limitation of Liability
Neither Clearsight nor its Third-Party Beneficiaries will be liable to you or any third party claiming through you for any damages in connection with your inability to use the service and the site or any content appearing on the site. In no event will Clearsight or its Third-Party Beneficiaries be liable to you or any third party claiming through you for any indirect, consequential, exemplary, punitive, special, or incidental damages, including without limitation, damages arising from claims related to personal injury or death, loss of data, lost revenue, lost profits, loss of use or other economic advantage, or change in applicable government regulations, regardless of the form of the action and regardless of whether Clearsight or its Third-Party Beneficiaries have been advised of the possibility of such damages. Notwithstanding the foregoing limitations, in no event will the total, cumulative liability of Clearsight or its Third-Party Beneficiaries for damages under this Agreement exceed one hundred U.S. dollars ($100.00).
Revisions to This Agreement
You agree that Clearsight can revise these Terms at any time without notice by updating this posting on the Site. You agree that your continued use of the Site after such modifications have been made constitutes your acceptance of such revised Terms.
General Provisions
Enforcement of these Terms and Conditions will be governed by Washington law, excluding its conflict and choice of law principles. The exclusive jurisdiction and venue for any claims arising out of or related to this Agreement or your use of the Site will lie in the Superior Court of King County in the State of Washington, and/or the United States District Court for the Western District of Washington, and you irrevocably agree to submit to the jurisdiction of such courts. The failure of Clearsight to enforce any right or provision in these Terms of Use will not constitute a waiver of such right or provision unless acknowledged and agreed to by Clearsight in writing. In the event that a court of competent jurisdiction finds any provision of these Terms and Conditions to be illegal, invalid, or unenforceable, the remaining portions will remain in full force and effect.
Contact Us
Clearsight can be reached using the following contact information:
Clearsight Systems Inc.
11400 SE 6th Street #100
Bellevue, WA 98004
Phone 206.226.2001
E-mail
info@clearsightsystems.com
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