IF YOU DO NOT AGREE TO ALL OF THESE TERMS, YOU SHOULD NOT USE CLEARCHECKS SERVICES OR VISIT CLEARCHECKS’ WEBSITE.
1.1 Eligibility For Use
You 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 Logins
You 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 Use
You 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.
If you believe that a third party has gained access to your Account, you agree to notify us promptly by sending an email to privacy@ClearChecks.com. Failure to do so may result in your account being suspended without prior notice. You expressly agree that you will be responsible for any costs arising from a data breach caused by unauthorized use of your account credentials, including, if applicable, notice to affected individuals.
1.4 Communications From Us
Once 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 Disclosures
Under 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. License To Use Service
2.1 Limited License
Subject 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 Restrictions
You 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.
In addition, you may not do any of the following while accessing or using the Services:
2.3 Usage Restrictions
- use any automated devices, such as spiders, robots or data mining techniques to download, store or otherwise reproduce, store or distribute Content or to manipulate the Services;
- access, tamper with, or use non-public areas of the Services, ClearChecks’ computer systems, or the technical delivery systems of ClearChecks’ providers;
- probe, scan, or test the vulnerability of any system or network or breach or circumvent any security or authentication measures;
- forge any TCP/IP packet header or any part of the header information in any email, or in any way use the Services to send altered, deceptive, or false source-identifying information; or
- interfere with, or disrupt (or attempt to do so), the access of any user, host or network, including, without limitation, sending virus, overloading, flooding, spamming, mail-bombing the Service, or using the Services in such a manner as to interfere with or create an undue burden on the Services.
You agree to adhere to the following:
- You will use the Service only for appropriate, legal purposes, and in compliance with all applicable federal, state, and local laws and regulations.
- You will not use the Service to request a consumer report on any individual other than yourself without that person's written authorization.
3. Our Intellectual Property
All right, title, interest in and to the Service (excluding Content provided by users) are and will remain the exclusive property of ClearChecks and its licensors. The Service is protected by copyright, trademark, and other laws of both the United States and foreign countries. Nothing in the Terms gives you a right to use the ClearChecks name or any of the ClearChecks trademarks, logos, domain name, and other distinctive brand features, in whole or in part, except as expressly authorized by ClearChecks. This prohibition includes, but is not limited to, unauthorized copying or distribution of any of the Content displayed or used on ClearChecks, framing Content from ClearChecks, or creating any unauthorized derivative work.
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.
4. Intellectual Property And DMCA
ClearChecks respects the rights of copyright and trademark owners. Please contact us at legal@ClearChecks.com if you believe your trademark is being used in violation of the law.
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:
- Your physical or electronic signature
- Your contact information, such as an email address, telephone number, or mailing address
- Information that identifies the copyrighted work claimed to have been infringed, or, if your notification references multiple copyrighted works, a representative list of such works appearing on our service(s)
- Information that describes the allegedly infringing material or activity that you want removed or access disabled to, and information reasonably sufficient to permit us to locate the material, such as a URL
- A statement that you have a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law
- A statement that the information in the notification is accurate, and under penalty of perjury, that you are authorized to act on behalf of the owner of an exclusive right that is allegedly infringed
If your notice substantially complies with the above requirements, we will act to remove the allegedly infringing content. ClearChecks has a policy of terminating the accounts of repeat infringers users whose content is the subject of multiple DMCA notices.
We reserve the right to remove Content alleged to be infringing without prior notice, at our sole discretion, and without liability to you.
If you are a user of a ClearChecks Service whose content has been removed in error from one of our websites, you have the choice of sending us something called “counternotice”, or an attempt to have your content restored. Your counternotice must contain the following elements:
- Your physical or electronic signature
- Information that identifies the material that has been removed or to which access has been disabled and the location on our service(s) where the material previously appeared
- A statement under penalty of perjury that you have a good faith belief that the material was removed or disabled as a result of mistake or misidentification of the material to be removed or disabled
- Your name, address, and telephone number, and a statement that you consent to the jurisdiction of Federal District Court for the judicial district in which the address is located, or if your address is outside of the United States, for any judicial district in which ClearChecks, LLC may be found, and that you will accept service of process from the person whose notification resulted in the removal of your content or their agent.
5. Disclaimers And Limitation Of Liability
5.1 Disclaimer Of Warranty
YOU 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 Liability
TO 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.
You 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. General Terms
6.1 Controlling Law And Jurisdiction
These 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 Parties
The 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.
6.3 Waiver, Severability, And Assignment
ClearChecks' failure to enforce a provision is not a waiver of its right to do so later. If a provision is found invalid or unenforceable, the remaining provisions of the Terms will remain in full effect and an enforceable term will be substituted reflecting our intent as closely as possible. You may not assign any of your rights under these Terms, and any such attempt will be void. ClearChecks may assign its rights to any of its affiliates or subsidiaries, or to any successor in interest of any business associated with the Services.
6.4 Changes To The Service
We reserve the right, at any time and in our sole discretion, to amend, modify, suspend, or terminate the Service, the Content, and any part thereof without notice to you. ClearChecks shall have no liability to you or any other person or entity for any modification, suspension, termination, or loss of information.
6.5 Term And Termination
These Terms will remain in full force and effect while you use the Service. You may terminate your use of the Service at any time. We can suspend or terminate your access to or use of the Service, in whole or in part, at any time, immediately and without notice. In all such cases, the Terms shall terminate, including, without limitation, your license to use the Services, except that the following sections shall continue to apply: 3, 5, and 6.
Nothing in this section shall affect ClearChecks’ right to change, limit, or stop the provision of the Service without prior notice, as provided above in section 6.4.
The headings of the sections contained in these Terms are for convenience only and shall not be deemed to control or affect the meaning or construction of any provision of the Terms.
6.7 Modification Of Terms
From time to time, and in our sole discretion, we may revise these Terms. If the revision, in our sole discretion, is material we will notify you via an email sent to the email address associated with your account, or by means of a notice posted on this website. By continuing to access or use the Service after those revisions become effective, you agree to be bound by the revised Terms.
6.9 Entire Agreement