1. Acceptance of Terms and Conditions
2. User Responsibilities
By consenting to the Agreements, you agree:
2.1 To accurately represent only yourself on the Service, and no other persons, living, dead, or imagined; the Service may only be used by natural persons (i.e., individuals) on their behalf and not by or on behalf of any commercial entity unless explicitly permitted by CLEAR;
2.2 To provide accurate information to CLEAR and other users of the Service, including but not limited to information required to register with the Service and information posted in public areas of the Service;
2.3 To not use the Service to:
A. Publish or distribute any false, inaccurate, defamatory, infringing, obscene, indecent, or unlawful material or information;
B. Defame, abuse, harass, threaten, stalk, or otherwise violate the legal rights of others;
C. Send unsolicited email;
D. Collect or store personal data about other users;
E. Promote or provide instructional information about illegal activities, promote physical harm or injury against any group or individual, or promote any act of cruelty to animals;
F. Upload files that contain viruses, corrupted files, or any other similar software or programs that may damage the operation of another's computer;
G. Upload files (including audio and video files such as MP3) that contain software or other material protected by intellectual property laws (or by rights of privacy) unless you own or control the rights to it or have received all necessary consents;
H. Delete or modify any author attributions, legal notices, or other proprietary designations or labels in any file that is uploaded;
I. Falsify the origin or source of software or other material contained in a file (including audio and video files) that is uploaded;
J. Delete or revise any material posted by any other person or entity;
K. Post any franchise, pyramid scheme, or other business opportunities;
L. Download any file (including audio and video files) that you know, or reasonably should know, cannot be legally distributed via the Service; and
M. Reproduce, duplicate, copy, sell, resell, distribute, publish or exploit for any commercial purpose the software, products, or services provided by CLEAR or obtained through the Service without obtaining the express, prior written consent of CLEAR. This restriction includes any attempt to incorporate any information from the Service into any other directory, product, or service.
2.4 To provide for your access to the Service, including but not limited to obtaining and maintaining all telephone, computer hardware and software, and other equipment and paying all related charges.
4. Third Party Content and Links
The Service may contain content supplied by third parties and links to Internet sites maintained by third parties. CLEAR does not, in any respect, control such content or operate such third-party sites and does not guarantee the availability of any email from or links to third-party sites. Third-party content and links are included solely for users' convenience and improved navigability of our website and do not constitute any endorsement by CLEAR. CLEAR, its employees, and associates are not responsible for the accuracy or reliability of third-party information, and you assume sole responsibility for the use of third-party information.
5. Interaction with other Users and User Submissions
5.1 Parts of the Service act as a venue to facilitate communications and dealings between users. CLEAR is not involved in such communications and transactions. As a result, CLEAR has no control over the quality, safety, or legality of the dealings presented or agreed upon. In addition, note that there are risks, including but not limited to the risk of physical harm, dealing with strangers, and dealing with people acting under false pretenses. You assume all risks associated with dealing with other users you come in contact with through the Service.
5.2 CLEAR can not confirm that each User is who they claim to be. Because CLEAR does not and cannot be involved in user-to-user dealings or control the behavior of users if you have a dispute with one or more users, you release CLEAR from claims, demands, and damages (actual and consequential, direct and indirect) of every kind and nature, known and unknown, suspected and unsuspected, disclosed and undisclosed, arising out of or in any way connected with such disputes.
5.3 As a user, you are responsible for your communications and the consequences of their posting. CLEAR, its employees and associates do not represent or guarantee the truthfulness, accuracy, or reliability of communications posted by other users. You acknowledge that any reliance on material posted by other users will be at your own risk.
5.4 You acknowledge that CLEAR, its employees and associates neither endorse the contents of your communications nor assume the responsibility for any threatening, libelous, obscene, harassing, or offensive material contained therein, any infringement of third-party intellectual property rights arising therefrom, or any crime facilitated thereby.
5.5 You acknowledge that CLEAR does not pre-screen any content you post on the Service but that CLEAR and its designees shall have the right (but not the obligation) in their sole discretion to refuse or remove any content that violates the Agreements or is otherwise objectionable.
6. CONSUMER CONSENT FOR INFORMATION, CONVERSATIONAL, AND PROMOTIONAL TEXT MESSAGES (SMS)
By using this website or any services provided by CLEAR, you acknowledge and agree to receive Information, Conversational, and Promotional Text Messages (SMS) from us in accordance with the terms and conditions set forth in this section.
CONSENT TO RECEIVE TEXT MESSAGES. By providing your telephone number to us, you consent to receive Information, Conversational, and Promotional Text Messages (SMS) from us at the telephone number provided.
MESSAGE FREQUENCY. You acknowledge and agree that we may send Informational and Conversational Text Messages (SMS) to you up as frequent as necessary, and Promotional Text Messages (SMS) no more than once per week. You understand that message and data rates may apply and that you are responsible for any fees associated with receiving such messages.
OPT-OUT PROCEDURE. You may opt-out of receiving Information, Conversational, and Promotional Text Messages (SMS) from us at any time by replying STOP to any message received or by contacting us directly at email@example.com. You understand and agree that it may take up to 5 business days for us to process any opt-out request.
NO GUARANTEE OF MESSAGE DELIVERY. You acknowledge and agree that we do not guarantee the delivery of any Information, Conversational, and Promotional Text Messages (SMS) and are not responsible for any delays or failures in the delivery of such messages.
REPRESENTATIONS AND WARRANTIES. By providing your telephone number to us, you represent and warrant that: (a) the telephone number provided to us is accurate and belongs to you; (b) you are the authorized user of the telephone number provided to us; (c) you are at least 18 years old or have obtained parental consent to receive Information, Conversational, and Promotional Text Messages (SMS) from us; and (d) you have read, understood, and agreed to this Consent.
DISCLAIMER OF LIABILITY. YOU AGREE THAT WE SHALL NOT BE LIABLE FOR ANY DAMAGES WHATSOEVER ARISING OUT OF OR RELATED TO THE RECEIPT OF INFORMATION, CONVERSATIONAL, AND PROMOTIONAL TEXT MESSAGES (SMS) FROM US, INCLUDING BUT NOT LIMITED TO ANY DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, OR PUNITIVE DAMAGES.
ELECTRONIC SIGNATURES. By providing your telephone number to us, you acknowledge and agree to this Consent and agree that your electronic signature constitutes your acceptance of this Consent.
7. Modifications to the Service, the Agreements, and Fees
7.1 CLEAR reserves the right to modify or discontinue the Service without notice to you, and CLEAR shall not be liable to you or any third party should CLEAR exercise its right to modify or discontinue the Service.
7.2 CLEAR reserves the right to modify the Agreements at any time. You are responsible for regularly viewing the Agreements. Continued use of the Service following any such changes will constitute your acceptance of such changes.
8. Ownership and Licenses
8.1 All contents of the Service are the property of CLEAR, participating vendors, or advertisers. The compilation (i.e., the collection, arrangement, and assembly) of all content on the Service website is the exclusive property of CLEAR. The website and contents of the Service may not be copied, distributed, or transmitted without the prior written consent of CLEAR Use of Service contents on any other website or in a networked computer environment for any purpose is prohibited. You may not modify the content or delete any copyright or trademark notice. You may not copy or adapt the software code used by CLEAR to generate the Service website pages.
8.3 By transmitting any messages or content to public or semipublic areas of the Service, you grant CLEAR a nonexclusive, worldwide, royalty-free, perpetual, irrevocable license to use, distribute, display, and reproduce the messages and content and to authorize the use and reproduction of the messages and content by other Service users under the terms of this Agreement.
CLEAR may immediately terminate your registration for any reason at any time. Upon termination, you will cease to use the Service. You may terminate your registration by emailing us at firstname.lastname@example.org.
10.1 Any software or files made available for download from the Service ("Software") are the copyrighted work of CLEAR and/or its affiliates. Use of the Software is governed by the terms of the User license agreement that accompanies the Software ("License Agreement"). Users shall not install or use any software accompanied by a License Agreement unless the User first agrees to the License Agreement terms.
10.2 For any Software not accompanied by a license agreement, the following shall constitute the License Agreement: CLEAR hereby grants you a personal, nontransferable license to use the Software for viewing and otherwise using the Service in accordance with these terms and conditions and for no other purpose.
10.3 You will not attempt to decipher, decompile, disassemble or reverse-engineer any software comprising the Service or made available through the Service.
11. Disclaimer of Warranties
11.1 CLEAR PROVIDES THE SERVICE AND ALL RELATED SOFTWARE AND CONTENT TO YOU "AS IS," WITHOUT ANY WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NONINFRINGEMENT; ANY WARRANTY THAT THE SERVICE OPERATES ERROR-FREE OR WITHOUT INTERRUPTION; ANY WARRANTY THAT INFORMATION OBTAINED THROUGH THE SERVICE IS ACCURATE OR RELIABLE. THE ENTIRE RISK ARISING OUT OF THE USE OF THE SERVICE REMAINS WITH YOU.
11.2 You understand and agree that any material and/or data downloaded or otherwise obtained through the use of the Service is done at your discretion and risk. You further understand that you will be solely responsible for any damage to your computer system or loss of data that results from the download of such material and/or data.
11.3 CLEAR and your employer make no warranty regarding any goods or services purchased or obtained through the Service, or any transactions entered into through the Service.
11.4 No advice or information, whether oral or written, obtained by you from CLEAR or through the Service shall create any warranty not expressly made herein.
12. Limitation of Liability
CLEAR SHALL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, OR SPECULATIVE DAMAGES ARISING FROM INTERRUPTION, SUSPENSION, OR TERMINATION OF SERVICE, INCLUDING, WITHOUT LIMITING, THE PRECEDING, CONSEQUENTIAL, INCIDENTAL, AND SPECIAL DAMAGES, WHETHER SUCH INTERRUPTION, SUSPENSION, OR TERMINATION WAS JUSTIFIED OR NOT, NEGLIGENT OR INTENTIONAL, INADVERTENT OR ADVERTENT, REGARDLESS WHETHER CLEAR HAD ADVANCE NOTICE OF THE POSSIBILITY OF ANY SUCH DAMAGES. CLEAR SHALL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, OR SPECULATIVE DAMAGES ARISING FROM THE USE OR INABILITY TO USE THE SERVICE OR FOR THE COST OF PROCUREMENT OF SUBSTITUTE GOODS OR SERVICES OR RESULTING FROM ANY GOODS OR SERVICES PURCHASED OR OTHERWISE OBTAINED, OR MESSAGE RECEIVED, OR TRANSACTIONS ENTERED INTO THROUGH OR FROM THE SERVICE OR RESULTING FROM UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSION OF DATA, INCLUDING WITHOUT LIMITING THE PRECEDING, CONSEQUENTIAL, INCIDENTAL, AND SPECIAL DAMAGES, REGARDLESS WHETHER XYLO OR YOUR EMPLOYER HAD ADVANCE NOTICE OF THE POSSIBILITY OF ANY SUCH DAMAGES.
You agree to indemnify and hold CLEAR, their affiliates, officers, directors, and employees from any and all claims or demands, including the payment of reasonable attorney's fees, arising out of or relating to your use of the Service.
14.1 The Agreements comprise the entire agreement between you and CLEAR and supersedes all prior agreements between the parties regarding the subject matter contained herein. Any waiver of any provision of the Agreements will be effective only if in writing and signed by CLEAR
14.2 If a court of competent jurisdiction finds any provision or portion of the Agreements to be unenforceable, the remaining provisions of the Agreements will continue in full force and effect.
14.3 User shall make any notices to you or CLEAR via email or regular mail. CLEAR may also provide notices of changes to the Agreements or any other matter by displaying notices to you generally on the Service.
14.4 You agree to comply with U.S. law regarding the transmission/export of technical data through the use of the Service.
14.5 The Agreements shall be governed by the laws of the State of Florida without giving effect to provisions related to the choice of laws or conflict of laws. The venue and jurisdiction of any lawsuit involving this Agreement will exist exclusively in the state and federal courts in Miami-Dade County, Florida.