1.1 Eligibility For UseYou represent and warrant that you are at least 18 years of age, of legal competence to enter into this agreement, and are not a person barred from receiving services under the laws of the United States or other applicable jurisdiction. We reserve the right to deny, in our sole discretion, any access or use of the Services without notice for any or no reason.
1.2 Accounts And LoginsYou represent and warrant that all information you provide in connection with the creation of an account with ClearChecks (“Account”) is accurate and true. You agree that, if any information changes, you will update your Account to maintain accurate information. When you create an Account, you must also create a Login and Password. You agree that you will not distribute your Login or Password to any other person, and you understand that you cannot authorize any other person to use your Account. You agree that you will not transfer, sub-license, sell, or assign your rights in your Account to any other person.
1.3 Passwords And Unauthorized UseYou are responsible for safeguarding the password that you use to access the Service and for any activities or actions under your account credentials. We encourage you to use "strong" passwords (passwords that use a combination of upper and lower case letters, numbers and symbols) with your account. ClearChecks cannot and will not be liable for any loss or damage arising from your failure to comply with the above.
1.4 Communications From UsOnce you create an Account or otherwise provide your email address to us, you may, from time to time, receive email communications from us about your account, as well as occasional marketing emails. You may elect to opt out of receiving marketing emails at any time by following the instructions and link provided within the email. Please allow up to 10 days for your marketing communication preferences to fully take effect within our systems.
1.5 California Consumer DisclosuresUnder California Civil Code Section 1789.3, Customers who are residents of California are entitled to the following specific consumer rights information: the Complaint Assistance Unit of the Division of Consumer Service of the Department of Consumer Affairs may be contacted in writing at 1020 N. Street, #501, Sacramento, CA, 95814, or by telephone at 916.445.1254.
2.1 Limited LicenseSubject to these Terms and any Additional Service Terms, we grant you a limited, revocable, nontransferable, nonexclusive license to access and use our Services. You agree that you will not copy, display, distribute, or resell any part of the Content or Services, in any medium.
2.2 Access RestrictionsYou may not access or search or attempt to access or search the Service by any means (automated or otherwise) other than through our currently available, published interfaces that are provided by ClearChecks (and only pursuant to these Terms), without our express prior written consent.
2.3 Usage RestrictionsYou agree to adhere to the following:
We use third-party trademarks on ClearChecks websites to identify the owners of these marks. Use of any third-party trademark is intended only to identify the trademark owner and its goods and services, and is not intended to imply any association or sponsorship between the trademark owner and ClearChecks.
Any feedback, comments, or suggestions you may provide regarding ClearChecks Service is entirely voluntary and we will be free to use such feedback, comments, or suggestions as we see fit and without any obligation to you.
For copyright issues, ClearChecks responds to legitimate requests under the Digital Millennium Copyright Act (“DMCA”). If you believe that allegedly infringing content is available on an ClearChecks website and you are authorized to act on behalf of the owner of an exclusive right in that content, you may send a notice to legal@ClearChecks.com that contains the following:
5.1 Disclaimer Of WarrantyYOU USE THE SERVICES AT YOUR SOLE RISK (INCLUDING BUT NOT LIMITED TO ANY DAMAGE TO YOUR COMPUTER SYSTEM, LOSS OF DATA, DAMAGE RESULTING ON RELIANCE ON INFORMATION FROM CLEARCHECKS, OR OTHER DAMAGES THAT RESULT FROM OBTAINING ANY CONTENT FROM THE WEBSITE, INCLUDING COMPUTER VIRUSES) EVEN IF CLEARCHECKS HAS BEEN ADVISED OF OR IS AWARE OF THE RISK OF SUCH DAMAGE. TO THE EXTENT PERMITTED BY LAW, CLEARCHECKS PROVIDES THE WEBSITE, THE SERVICES, THE CONTENT, AND THE INFORMATION “AS IS,” “AS AVAILABLE,” AND “WITH ALL FAULTS,” WITHOUT WARRANTY OF ANY KIND, AND EXCEPT AS EXPRESSLY SET FORTH IN THIS AGREEMENT, CLEARCHECKS SPECIFICALLY DISCLAIMS ALL WARRANTIES AND CONDITIONS, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO IMPLIED WARRANTIES AND/OR CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NONINFRINGEMENT. NO INFORMATION OR ADVICE PROVIDED ON CLEARCHECKS WEBSITES, BY CLEARCHECKS, OR BY CLEARCHECKS’S EMPLOYEES OR AGENTS SHALL CREATE ANY WARRANTY. CLEARCHECKS’ SERVICES WILL BE PERFORMED IN A PROFESSIONAL MANNER IN ACCORDANCE WITH INDUSTRY STANDARDS. CLEARCHECKS WILL MAINTAIN AND FOLLOW REASONABLE PROCEDURES TO ASSURE THE MAXIMUM POSSIBLE ACCURACY OF THE INFORMATION CONTAINED IN EACH CONSUMER REPORT, AND CLEARCHECKS WILL RE-VERIFY ANY DISPUTED CONSUMER REPORT WHEN YOU MAKE A REQUEST IN ACCORDANCE WITH APPLICABLE LAWS. YOU ACKNOWLEDGE, HOWEVER, THAT CLEARCHECKS CANNOT BE AN INSURER OF, AND CANNOT GUARANTEE THE ACCURACY, VALIDITY OR COMPLETENESS OF, THE INFORMATION PROVIDED BECAUSE SUCH INFORMATION IS SUBJECT TO HUMAN ERROR AND OBTAINED FROM PUBLIC RECORDS AND OTHER THIRD PARTY SOURCES THAT ARE NOT UNDER THE CONTROL OF CLEARCHECKS AND MAY NOT ALWAYS BE ACCURATE, VALID OR COMPLETE.
5.2 Limitation Of LiabilityTO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, CLEARCHECKS SHALL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, OR ANY LOSS OF PROFITS OR REVENUES, WHETHER INCURRED DIRECTLY OR INDIRECTLY, OR ANY LOSS OF DATA, USE, GOOD-WILL, OR OTHER INTANGIBLE LOSSES, RESULTING FROM (i) YOUR ACCESS TO OR USE OF OR INABILITY TO ACCESS OR USE THE SERVICES; (ii) ANY CONDUCT OR CONTENT OF ANY THIRD PARTY ON THE SERVICES, INCLUDING, WITHOUT LIMITATION, ANY DEFAMATORY, OFFENSIVE, OR ILLEGAL CONDUCT OF OTHER USERS OR THIRD PARTIES; (iii) ANY CONTENT OBTAINED FROM THE SERVICES; OR (iv) UNAUTHORIZED ACCESS, USE, OR ALTERATION OF YOUR TRANSMISSIONS, CONTENT, OR ACCOUNT. IN NO EVENT SHALL THE AGGREGATE LIABILITY OF CLEARCHECKS EXCEED THE GREATER OF ONE HUNDRED U.S. DOLLARS (U.S. $100.00) OR THE AMOUNT YOU PAID CLEARCHECKS, IF ANY, IN THE PAST SIX MONTHS FOR THE SERVICES GIVING RISE TO THE CLAIM. THE LIMITATIONS OF THIS SUBSECTION SHALL APPLY TO ANY THEORY OF LIABILITY, WHETHER BASED ON WARRANTY, CONTRACT, STATUTE, TORT (INCLUDING NEGLIGENCE) OR OTHERWISE, AND WHETHER OR NOT CLEARCHECKS HAS BEEN INFORMED OF THE POSSIBILITY OF ANY SUCH DAMAGE, AND EVEN IF A REMEDY SET FORTH HEREIN IS FOUND TO HAVE FAILED OF ITS ESSENTIAL PURPOSE.
5.3 IndemnificationYou agree to defend, indemnify, and hold ClearChecks, its officers, directors, employees, agents, licensors, and suppliers, harmless from and against any claims, actions or demands, liabilities and settlements including without limitation, reasonable legal and related fees and expenses, resulting from, or alleged to result from, your violation of these Terms or your use of the Services. We reserve the right to assume exclusive control of our defense in any matter subject to your indemnification, which shall not excuse your obligation to indemnify ClearChecks. You shall not settle any dispute subject to your indemnification under these Terms without written consent from ClearChecks.
6.1 Controlling Law And JurisdictionThese Terms will be governed by the laws of the State of Delaware without regard to or application of its conflict of law provisions or your state or country of residence. You and ClearChecks irrevocably agree to submit to the personal jurisdiction of, and to bring any claim, action, or proceeding in, the federal court in the state of Delaware.
6.2 Links To Third PartiesThe Service may contain links to third-party websites or resources. You acknowledge and agree that we are not responsible or liable (directly or indirectly) for the availability of such websites or resources; the content, advertising, products, or services on or available from such websites or resources; or any damage, loss, claim, or complaint caused by, arising from, or in connection with your use of or reliance on any such content, advertising, products, or services available on or through any such website or resource. Links to such websites or resources do not imply any endorsement by ClearChecks of such websites or resources or the content, advertising, products, or services available from such websites or resources. You acknowledge sole responsibility for and assume all risk arising from your use of any such websites or resources.