Welcome to Clearingly (the “Site”).
By using the Site or otherwise indicating your acceptance of the following terms of service agreement (“Agreement”), you agree to be bound by and comply with its terms. Accordingly, you should review this Agreement thoroughly, and contact us if you have any questions. If you do not agree to comply with the terms of this Agreement, you should not indicate your acceptance of it, and should not use the Site.
We may revise and update this Agreement from time to time. If you are a registered user, we will attempt to inform you of any material changes by notification to the email address you have provided as part of your registration information. Otherwise, you may always view the most recent Agreement on the Site. Your continued use of the Site will constitute your acceptance of the terms of the revised Agreement.
USE AND CONDUCT
By visiting the Site and accessing the information, resources, services, products, and tools we provide for you, either directly or indirectly (hereafter referred to as “Resources”), you agree to use these Resources only for the purposes intended as permitted by (a) the terms of this Agreement, and (b) applicable laws, regulations and generally accepted online practices or guidelines. To that extent, you agree and understand that:
- In order to access the Resources, you may be required to provide certain information about yourself (such as identification, contact details, etc.) as part of the registration process, or as part of your ability to use the Resources. You agree that any information you provide will always be accurate, correct, and up to date.b. You are responsible for maintaining the confidentiality of any login information associated with any account you use to access our Resources. Accordingly, you are responsible for all activities that occur under your account’s.c. Accessing, or attempting to access, any Resources by any means other than through the means we provide is strictly prohibited. You specifically agree not to access or attempt to access any Resources through any automated, unethical or unconventional means.d. Engaging in any activity that disrupts or interferes with any Resources, including the servers and/or networks on which any Resources are located or to which they are connected, is strictly prohibited.
e. Attempting to copy, duplicate, reproduce, sell, trade, or resell any Resources is strictly prohibited.
f. You are solely responsible any consequences, losses, or damages that we may directly or indirectly incur or suffer due to any unauthorized activities conducted by you, as explained above, and may incur criminal or civil liability.
We provide users with the ability to submit or upload content to the Site, including product ratings and reviews, comments, photos, and image. You understand that generally we do not pre-screen or monitor the content posted by users of these various communication tools (“User Content”). We are not responsible for, and do not necessary endorse, any User Content. If you choose to use these tools to submit any User Content to the Site, it is your responsibility to do so in a responsible and ethical manner.
We may, but are not obligated to, revise, and remove any User Content for any reason or no reason at all. In particular, we reserve the right to remove User Content we in our sole discretion deem unacceptable, including but not limited to User Content which is (i) obscene, offensive, illegal, or pornographic, (ii) defamatory, (iii) violate the rights of any third party, (iv) contains any type of unauthorized or unsolicited advertising, or (v) impersonates any person or entity, including any OrganicRestaurants.com employees or representatives.
LINKS TO THIRD PARTY SITES
The Site and all elements thereof (the “Clearingly Content”) are owned by Clearingly, and may be protected by copyright, trademark, patent, trade secret, and/or other laws. We retain all rights, including the worldwide copyright, in all elements of the Site solely and exclusively, for the duration of the rights in each country, in all languages, and throughout the universe.
We grant you a non-exclusive, non-transferable, limited right to access, use, and display the Site and the Clearingly Content for personal, non-commercial, non-advertising purposes. If you download, print, or otherwise reproduce files, images, or any other Clearingly Content, you may not alter the Clearingly Content, or remove any trademark, copyright or other notices.
All products that are offered directly on our site come with a refund policy. If the product is damaged or the incorrect order, then submit an email to us at contact [at] clearingly.com with your order number and explain the reason for your refund request and we will review and send you out a new product. This refund policy is good for 30 days after the date of purchase. After 30 days of the original purchase, there are no refunds, exchanges or credits.
We do not claim ownership of any User Content you may upload or submit to the Site. To the extent you own the rights to any User Content, you retain those rights. By publishing User Content, you grant us a worldwide, royalty free and non-exclusive license to use, distribute, reproduce, modify, adapt, creative derivatives works from, publicly perform and/or display in any format or medium, with full right of sublicense, such User Content on and through the Site. You represent and warrant that you own or otherwise control all of the rights to such User Content, and that our use of such User Content will not infringe upon or violate the rights, including rights of copyright, trademark, publicity or privacy, of any third party.
CLEARINGLY.COM and the Clearingly logo are trademarks or registered trademarks of Clearingly. All other trademarks or registered trademarks used on the Site are the property of their respective holders. The use of company names, product names and logos or images on the Site does not necessarily constitute an endorsement of the named company or products by Cleairngly.com.
It is the policy of Clearingly to respect the intellectual property rights of others. We do not condone the unauthorized reproduction or distribution of copyrighted content. If you believe your work has been reproduced or distributed in a way that constitutes copyright infringement or are aware of any infringing material available through the Site, please provide us with written notice that includes the following information:
- Your name, address, telephone number, and email address.
- A description of the copyrighted work that you claim has been infringed.
- The URL(s) or a description of where on the Site the material you claim is infringing is located.
- A written statement by you that you have a good faith belief that the use of the copyrighted work is not authorized by the copyright owner, its agent, or the law.
- A statement by you, made under penalty of perjury, that the information in your notice is accurate, and that you are the copyright owner or authorized to act on the copyright owner’s behalf.
- An electronic or physical signature of the person authorized to act on behalf of the owner of the copyright interest.
Send your notice to our agent for notices of claimed copyright infringement as follows:
Email: contact [at] clearingly.com
Fax: (617) 366-2744
Postal mail: Clearingly, 175 McClellan Highway, Boston, MA 02128
We do not verify or guarantee the truth or accuracy of any information with regard to the existence, availability, authenticity, quality, or value of any product or service listed or featured on the Site. We are not liable to you for any loss or damage that might arise from any actions or omissions or any third party, including, if you have a negative experience with one of the businesses or advertisers listed or featured on the Site. You agree that you are solely and exclusively responsible for, must evaluate and make your own judgment about, and bear all risks associated with (i) your interactions with any businesses or advertisers listed or featured on the Site, whether online or in person, and (ii) your use of and satisfaction with any products or services made available by such businesses or advertisers.
THE SITE IS PROVIDED ON AN “AS IS” BASIS. CLEARINGLY MAKES NO OTHER REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT, AND ANY IMPLIED WARRANTY ARISING FROM COURSE OF DEALING OR USAGE OF TRADE. YOUR SOLE AND EXCLUSIVE RIGHT AND REMEDY IN CASE OF DISSATISFACTION WITH THE SITE, RELATED SERVICES, OR ANY OTHER GRIEVANCE SHALL BE YOUR TERMINATION AND DISCONTINUATION OF ACCESS TO, OR USE OF THE SITE.
CLEARINGLY DOES NOT REPRESENT OR WARRANT THAT THE SITE WILL MEET YOUR REQUIREMENTS, OR THAT IT WILL ALWAYS BE AVAILABLE, ACCESSIBLE, UNINTERRUPTED, TIMELY, SECURE, OR OPERATE WITHOUT ERROR;
CLEARINGLY MAKES NO REPRESENTATIONS OR WARRANTIES REGARDING ANY OBLIGATION, LIABILITY, RIGHT, CLAIM, OR REMEDY IN TORT, WHETHER OR NOT ARISING FROM THE NEGLIGENCE OF CLEARINGLY TO THE FULL EXTENT PERMISSIBLE UNDER APPLICABLE LAW, CLEARINGLY DISCLAIMS ANY AND ALL SUCH WARRANTIES.
LIMITATION OF LIABILITY
CLEARINGLY WILL NOT BE LIABLE FOR ANY DAMAGES OF ANY KIND, INCLUDING WITHOUT LIMITATION DIRECT, INDIRECT, INCIDENTAL, PUNITIVE, AND CONSEQUENTIAL DAMAGES, ARISING OUT OF OR IN CONNECTION WITH THE SITE OR THE INABILITY TO USE THE SITE.
You agree to indemnify, defend, and hold harmless Clearingly, its officers, directors, employees, and agents from and against any and all third party claims, losses, costs, liabilities, damages, judgments, penalties, interest and expenses (including reasonable attorneys’ fees) arising out of (i) any actual or alleged breach of your representations, warranties, or obligations set forth in this Agreement, (ii) any actual or alleged infringement by you of any copyright, trademark, privacy, or other proprietary rights.
We may, in its sole discretion, terminate this Agreement or the Site for any reason whatsoever and without notice. We also reserve the right to restrict, suspend or terminate your access to the Site, in whole or in part, at any time without notice if we discover that you have violated this Agreement.
Our failure to exercise or enforce any right or provision of this Agreement will not constitute a waiver of such right or provision. This Agreement constitutes the entire agreement between you and us, and governs your use of the Site, superseding any prior agreements. This Agreement shall be governed by and construed in accordance with the laws of the Commonwealth of Massachusetts without regard to the conflict of laws principles thereof. If any part of this Agreement is held invalid or unenforceable, that portion will be construed in a manner consistent with applicable law to reflect, as nearly as possible, the original intentions of the parties, and the remaining portions will remain in full force and effect.
If you have any questions or comments about this Agreement or Clearingly, please contact us, we’d love to hear from you.
175 McClellan Highway
Boston, MA 02128
Effective Date: August 2, 2016