Terms of Use

Last Modified: January 28th, 2010

PLEASE READ THESE WEBSITE TERMS OF USE CAREFULLY BEFORE SUBSCRIBING TO THIS WEBSITE AS THEY CONTAIN IMPORTANT INFORMATION.

If you have any questions about these Website Terms of Use, please contact us at feedback@clearrisk.com

1. Terms

(1) By subscribing to this website, you are agreeing to be bound by these Website Terms of Use, all applicable laws and regulations, and are further agreeing that you are responsible for compliance with any applicable local laws. If you do not agree with any of these terms, do not subscribe to this website. Any claim relating to ClearRisk Inc.’s website shall be governed by the laws of the Province of Newfoundland and Labrador, without regard to its conflict of law provisions. The materials contained in ClearRisk Inc.’s website are protected by applicable copyright and trademark laws.

(2) These Website Terms of Use constitute the entire and only agreement between you and ClearRisk Inc. regarding the use of the website, and supersedes all prior or contemporaneous agreements, representations, warranties and understandings with respect to the website, the content, goods and services provided by or through the website, and the subject-matter of this agreement. The failure of ClearRisk Inc. to exercise or enforce any right or provision of these Website Terms of Use shall not constitute a waiver of such right or provision in that or any other instance. If any provision of this agreement is held invalid, the remainder of this agreement shall continue in full force and effect. If any provision of these Website Terms of Use shall be deemed unlawful, void or for any reason unenforceable, then that provision shall be deemed severable from these Website Terms of Use and shall not affect the validity and enforceability of any remaining provisions.

2. Use License

(1) Permission is granted to view and download the materials on ClearRisk™ Inc.’s website. This is the grant of a licence, not a transfer of title, and under this licence you may not:

(a) publicly display the materials for financial gain;
(b) resell the materials
(c) attempt to decompile or reverse engineer any software contained on ClearRisk™ Inc.’s website;
(d) remove any copyright or other proprietary notations from the materials; and
(e) transfer the materials to another person or “mirror” the materials on any other server.

This licence shall automatically terminate if you violate any of these restrictions and may be terminated by ClearRisk™ Inc. at any time. On terminating your viewing of these materials or on the termination of this licence, you must destroy any downloaded materials in your possession whether in electronic or printed format.

3. Disclaimer

THE MATERIALS AND INFORMATION YOU FIND ON ClearRisk Inc.’S WEBSITE ARE PROVIDED “AS IS”, WITHOUT WARRANTY WHATSOEVER, INCLUDING WITHOUT LIMITATION, ANY WARRANTY FOR INFORMATION, SERVICES, OR PRODUCTS PROVIDED THROUGH OR IN CONNECTION WITH THE ClearRisk Inc. WEBSITE, AND ANY IMPLIED WARRANTIES OR CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, EXPECTATION OF PRIVACY OR NON-INFRINGEMENT OF INTELLECTUAL PROPERTY OR OTHER VIOLATION OF RIGHTS. FURTHER, ClearRisk Inc. DOES NOT WARRANT OR MAKE ANY REPRESENTATIONS CONCERNING THE ACCURACY, LIKELY RESULTS, OR RELIABILITY OF THE USE OF THE MATERIALS ON ITS WEBSITE OR OTHERWISE RELATING TO SUCH MATERIALS OR ON ANY WEBSITES LINKED TO THIS WEBSITE.

THE INFORMATION CONTAINED ON THIS WEBSITE IS FOR GENERAL INFORMATION PURPOSES ONLY. ClearRisk Inc. MAKES NO REPRESENTATIONS OR WARRANTIES WHATSOEVER OF THE COMPLETENESS, ACCURACY, RELIABILITY, SUITABILITY OR AVAILABILITY OF THE WEBSITE OR THE INFORMATION, PRODUCTS, SERVICES, OR RELATED GRAPHICS CONTAINED ON THE WEBSITE FOR ANY PURPOSE. ANY RELIANCE YOU PLACE ON SUCH INFORMATION IS THEREFORE STRICTLY AT YOUR OWN RISK.

4. Limitations

In no event shall ClearRisk™ Inc. or its suppliers be liable for any loss or damage (including, without limitation, indirect or consequential loss or damage, damages for loss of data or profit, or due to business interruption) arising out of, or in connection with, the use or inability to use the website or use of the materials on ClearRisk™ Inc.’s website, even if ClearRisk™ Inc. or an authorized representative has been notified orally or in writing of the possibility of such loss or damage. Because some jurisdictions do not allow limitations on implied warranties, or limitations of liability for consequential or incidental damages, these limitations may not apply to you.

5. Indemnification

You agree to indemnify, defend and hold ClearRisk™ Inc. and its subsidiaries and affiliates, and each of their directors, officers, agents, contractors, partners and employees, harmless from and against any loss, liability, claim, demand, damages, costs and expenses, including reasonable attorney's fees, arising out of or in connection with your use of the website, your conduct in connection with your use of the website or with other users of the website, or any violation of these Website Terms of Use or of any law or the rights of any third party..

6. Revisions and Errata

The materials appearing on ClearRisk™ Inc.’s website could include technical, typographical or photographic errors. ClearRisk™ Inc. does not warrant that any of the materials on its website are accurate, complete or current. ClearRisk Inc. may make changes to the materials contained on its website at any time without notice. ClearRisk™ Inc. does not, however, make any commitment to update the materials.

7. Links

ClearRisk™ Inc. has not reviewed all of the websites linked to its website and is not responsible for the contents or availability of any such linked site. The inclusion of any link does not imply endorsement by ClearRisk™ Inc. of the linked website. Use of any such linked website is at the user’s own risk.

8. Submissions

(1) Any notes, message/billboard postings, videos, tools, ideas, suggestions, concepts or other material submitted are collectively referred to as “User Submissions”. User Submissions will become the property of ClearRisk Inc throughout the universe and ClearRisk™ Inc. shall be entitled to use the material for any type of use forever including in any media whether not known or hereafter devised [unless specified otherwise in a contractual agreement between ClearRisk Inc. and the third party]. When you submit material to ClearRisk Inc.’s website, you agree that ClearRisk™ Inc. has the right to publish the material for any type of use as outlined above including promotional and advertising purposes.

(2) ClearRisk™ Inc. is not responsible for any material posted on our website. You shall not submit or otherwise publish through such website any content which:

(a) libels, defames, invades privacy, or is obscene, pornographic, abusive or threatening;
(b) infringes any intellectual property or other right of any entity or person, including, but not limited to violating anyone’s copyrights or trademarks; trade secret or otherwise subject to third party proprietary rights, including privacy and publicity rights, unless you are the owner of such rights or have permission from their rightful owner to post the material and to grant ClearRisk all of the license rights granted herein.
(c) violates any law;
(d) advocates illegal activity; or
(e) advertises or otherwise solicits funds or is a solicitation for goods or services.

(3) You shall be solely responsible for your own User Submissions and the consequences of posting or publishing them. In connection with User Submissions, you affirm, represent, and/or warrant that: you own or have the necessary licenses, rights, consents, and permissions to use and authorize ClearRisk to use all patent, trademark, trade secret, copyright or other proprietary rights in and to any and all User Submissions to enable inclusion and use of the User Submissions in the manner contemplated by the Website and these Terms of Use.

(4) ClearRisk does not permit copyright infringing activities and infringement of intellectual property rights on its Website, and ClearRisk will remove all Content and User Submissions if properly notified that such Content or User Submission infringes on another's intellectual property rights. ClearRisk reserves the right to remove Content and User Submissions without prior notice.

(5)You agree to indemnify ClearRisk™ Inc. and its subsidiaries and affiliates, and each of their directors, officers, agents, contractors, partners and employees from and against any and all third party claims, demands, liabilities, costs of expenses, including reasonable lawyer’s fees, resulting from your breach of any of the foregoing agreements, representations and warranties.

9. Privacy

You hereby acknowledge that ClearRisk™ Inc.’s Website Privacy and Security Policy forms an integral part of this agreement, and you hereby accept the terms and conditions set forth therein. ClearRisk™ Inc. may modify the Website Privacy and Security Policy at any time by posting on its website. The continued use by you of the website following notice of any such modifications that may be posted on the website or notified to you by any other means will be deemed conclusive acceptance of the revised terms of this agreement. If any such revision is unacceptable to you, you must terminate your use of the website immediately.

10. Refunds

ClearRisk™ Inc. does not offer a refund for cancelling a subscription within the first year. Your subscription will be automatically renewed yearly. You have thirty (30) days after the automatic renewal of your subscription to cancel to be eligible for a refund. If you cancel within the thirty (30) day period, a refund, minus a 20% administration fee, will be granted to you. You can cancel the automatic renewal of your subscription prior to, or up to thirty (30) days after your renewal date by emailing a request to sales@clearrisk.com

11. Website Terms of Use Modifications

ClearRisk™ Inc. may revise these Terms of Use for its website at any time without notice. By subscribing to this Website you are agreeing to be bound by the then current version of these Website Terms of Use.

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