This is the Clarip.com Agreement. Please read the following very carefully. By purchasing the services offered at Clarip.com, and/or by using this site, its products, corporate solutions and services you hereby agree to the following TERMS AND CONDITIONS and all associated policies. If you do not agree to the terms and conditions, you must stop using this site. This agreement may change from time to time and you can find the latest version in this page. This Web Site is provided to you under these "Terms and conditions" and any amendments or supplements to them that may be posted by Clarip.com, (hereafter, maybe referred just as "Clarip.com" or "company" or "Clarip Inc.") from time to time (collectively referred to as this "Agreement"). Your use of this Web Site and the services provided, shall be deemed to constitute your consent to be bound by the terms and conditions of the Agreement and shall be enforceable in the same way as if you had signed the Agreement.
No agency, partnership, joint venture, employee-employer or franchiser-franchisee relationship is intended or created by this Agreement.
Compliance With Laws
You agree to comply with all applicable local, national and international laws regarding your use of the Web Site, including, without limitation, laws regarding import/export of technical data by virtue of your online transmission. Without exception, under all circumstances, Clarip.com cannot be held responsible for your non-compliance to any of the applicable laws.
Disclaimer
Clarip Inc. WILL NOT BE RESPONSIBLE FOR ANY DAMAGES YOU OR YOUR BUSINESS MAY SUFFER. Clarip Inc. MAKES NO WARRANTIES OF ANY KIND, EXPRESSED OR IMPLIED FOR SERVICES WE PROVIDE. Clarip Inc. DISCLAIMS ANY WARRANTY OR MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. THIS INCLUDES LOSS OF DATA, AND ANY AND ALL SERVICE INTERRUPTIONS CAUSED BY Clarip Inc. AND ITS EMPLOYEES.
MEMBERS SHALL NOT TRANSFER OR ASSIGN THIS AGREEMENT TO ANYONE ELSE. HOWEVER, Clarip Inc. MAY ASSIGN THE MEMBER'S CONTRACT, IN PART OR IN WHOLE, AT ANYTIME WITHOUT CONSENT FROM OR NOTICE TO THE MEMBER. Clarip Inc. RESERVES RIGHT TO CANCEL MEMBERS RIGHTS UNDER THIS CONTRACT AT ANYTIME WITHOUT FURTHER OBLIGATION.
Limitations of Liability
Proprietary rights and Trademarks
YOU EXPRESSLY UNDERSTAND AND AGREE THAT Clarip Inc. SHALL NOT BE LIABLE TO YOU FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES, INCLUDING BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES (EVEN IF Clarip Inc. HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), RESULTING FROM:(1) THE USE OF, OR THE INABILITY TO USE, THIS WEB SITE; (2) THE USE OF, OR THE INABILITY TO USE, ITEMS PURCHASED ON THIS WEB SITE; (3) THE COST OF PROCUREMENT OF SUBSTITUTE SERVICES, ITEMS, OR WEB SITES; (4) UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA; (5) THE STATEMENTS OR CONDUCT OF ANY THIRD PARTY ON THIS WEB SITE; OR (6) ANY OTHER MATTER RELATING TO THIS WEB SITE.
Regardless of the previous paragraphs in this section, if we are found to be liable, our liability to you or to any third party is limited to the greater of (a) the total fees you paid to us in the 3 months prior to the action giving rise to the liability, and (b) $100.
Indemnification
You agree to indemnify and hold harmless Clarip Inc., its directors, officers, employees, agents, co-branders, subsidiaries, parents, and affiliates, from and against any and all liability, losses, claims, demands, disputes, damages, and costs of any kind, including, without limitation, reasonable attorneys' fees and costs of litigation resulting from or in any way connected with your use of the Web Site; Content you submit, post, or transmit through the Web Site; your breach of the Agreement; and your connection to the Web Site.
Payments and Fees
You acknowledge and agree that all the Fees paid for any services
offered, are NON-REFUNDABLE.
Renewals
Renewals are based on the service term that you selected when you placed the original order. For instance, monthly plans are renewed monthly. Yearly plans are renewed yearly. All renewals are automatic. If you choose not to renew, you must give 30-day notice in writing via email, or by filling out the contact form on the Clarip.com website. By signing up for the Clarip service you agree to have your credit card charged or ACH payment processed on a recurring basis. You agree that processing and additional fees may apply in the event of any failed ACH transaction or credit card chargeback. You agree if your account is suspended for any reason, a one-time $50 account re-instatement fee may be charged.
You acknowledge and agree that the contents and materials available on the Clarip.com site and the software used in connection with Clarip.com contain proprietary and confidential information that is protected by applicable intellectual property and other laws. Unless expressly authorized by Clarip.com, you agree not to modify, rent, lease, loan, sell, distribute or create derivative works based on the Clarip.com site's contents, materials or the software, in whole or in part. Except as expressly provided in this Agreement, you are NOT granted any rights or license to any intellectual property with respect to the Clarip.com site or its contents. Clarip.com reserves all rights and the name "Clarip.com" and its respective logos, may be Clarip.com trademarks. You are not allowed to use or display any of these unless you have our prior express written permission.
MODIFICATION, SUSPENSION, TERMINATION
You agree that Clarip.com may, in its sole discretion, and at any time, modify, discontinue, or suspend its operation of this Web Site, or any part thereof, temporarily or permanently, without notice to you, and you agree that Clarip.com will not be liable for the consequences of doing so. You also agree that Clarip.com may, in its sole discretion, and at any time, completely terminate your use of the Web Site, and may remove or delete any or all of your Content within the Web Site, without prior notice to you for any reason that Clarip.com, in its sole discretion, deems appropriate. You further agree that Clarip.com will not be liable to you or to any third party for the consequences of any termination of your use of or access to the Website.