Terms and Conditions

General

Human-readable summary: These terms, together with any special terms for particular websites, create a contract between you and us. The contract governs your use of all websites operated by us, unless a particular website indicates otherwise. These human-readable summaries of each section are not part of the contract, but are intended to help you understand its terms.

Clarity Innovations, Inc. (“we”, “our” or “us”), an Oregon corporation with a business office at 1001 SE Water Avenue, Suite 400, Portland, Oregon 97214, United States, makes our websites available to visitors (“you” or “your”) to access and use on the terms and conditions set forth below (the “terms of use”), effective as of May 25, 2018 (previously updated January 2, 2015).

Unless otherwise noted on a particular website or service, these terms of use apply to your use of all of the websites that we operate. In addition to the terms of use, your use of any of our websites may also be subject to specific terms applicable to a particular Service (“additional terms”). If there is any conflict between the additional terms and these terms of use, then the additional terms apply in relation to the relevant Service. Collectively, the terms of use and additional terms (when applicable) form a binding legal agreement between you and us in relation to your use of our websites. Collectively, this legal agreement is referred to below as the “terms of use.”

Acceptance

Human-readable summary: Please read these terms of use carefully because access or use of our websites in any way signifies that you have read, understand and agree to be bound by these terms of use.

By accessing or using any of our websites you represent that you have the legal authority to accept the terms of use on behalf of yourself and any party you represent in connection with your use of any of our websites. If you do not agree to the terms of use, you are not authorized to use any of our websites. If you are an individual who is entering into these terms of use on behalf of an entity, you represent and warrant that you have the power to bind that entity, and you hereby agree on that entity’s behalf to be bound by these terms of use, with the terms “you,” and “your” applying to you, that entity, and other users accessing our websites on behalf of that entity.

Changes

Human-readable summary: These terms may change. When the changes are important, we will put a notice on the website. If you continue to use the sites after the changes are made, you agree to the changes.

From time to time, we may change, remove, add to or otherwise modify these terms of use, and reserve the right to do so at our sole discretion. In that case, we will post the updated terms of use and indicate the date of revision. We encourage you to periodically review the terms of use. If we feel the modifications are material, we will make reasonable efforts to post a prominent notice on the relevant websites. All new and/or amended terms of use take effect immediately and apply to your use of our websites from that date on, except that material changes will take effect 30 days after the change is made and identified as material. Your continued use of our websites after new and/or revised terms of use are effective indicate that you have read, understood and agreed to those terms of use.

Use of content posted on our websites

Human-readable summary: We try our best to have useful information on our websites, but we cannot promise that everything is accurate or appropriate for your situation. Content on the site is licensed under CC BY 4.0 unless it says it is available under different terms. If you find content through a link on our websites, be sure to check the license terms before using it.

Provided as-is: You acknowledge that we do not make any representations or warranties about the content, writings, material, data, and information, such as data files, text, computer software, code, music, audio files or other sounds, photographs, videos, or other images (collectively, the “Content”) which you may have access to as part of, or through your use of, our websites. Under no circumstances are we liable in any way for any Content, including, but not limited to: any infringing Content, any errors or omissions in Content, or for any loss or damage of any kind incurred as a result of the use of any Content posted, transmitted, linked from, or otherwise accessible through or made available via our websites. You understand that by using our websites, you may be exposed to Content that is offensive, indecent, or objectionable.

You agree that you are solely responsible for your reuse of Content made available through the Services, including providing proper attribution. You should review the terms of the applicable license before you use the Content so that you know what you can and cannot do.

Unless otherwise indicated, you may use Content on our websites in accordance with the Attribution-NonCommercial-ShareAlike 4.0 International License license. You acknowledge that under this license, all rights not expressly granted under the terms of use of the license are reserved to the creator. For the avoidance of doubt, you must attribute all content in the manner required by the author or licensor and in accordance with the terms of use of such license and you must not remove or alter any copyright, trademark, name or other notice or legend that appears in connection with said content.

About the content you post on our websites

Human-readable summary: We do not take any ownership of your content when you post it on our websites. If you post content you own, you agree it can be used under the terms of CC BY 4.0 or any future version of that license. If you do not own the content, then you should not post it unless it is in the public domain or licensed as CC BY 4.0, except that you may also post pictures and videos if you are authorized to use them under law (e.g., fair use) or if they are available under any CC license. You must note that information on the file when you upload it. You are responsible for any content you upload to our websites.

Your responsibility: You represent, warrant, and agree that no Content posted or otherwise shared by you on or through any of our websites (“Your Content”), violates or infringes upon the rights of any third party, including copyright, trademark, privacy, publicity, or other personal or proprietary rights, breaches or conflicts with any obligation, such as a confidentiality obligation, or contains libelous, defamatory, or otherwise unlawful material.

Licensing Your Content: You retain any copyright that you may have in Your Content. You hereby agree that Your Content:

  • (a) is hereby licensed under the Creative Commons Attribution 4.0 License and may be used under the terms of that license or any later version of a Creative Commons Attribution License, or
  • (b) is in the public domain (such as Content that is not copyrightable or Content you make available under CC0), or
  • (c) if not owned by you,
    • (i) is available under a Creative Commons Attribution 4.0 License or
    • (ii) is a media file that is available under any Creative Commons license or that you are authorized by law to post or share through any of the Services, such as under the fair use doctrine, and that is prominently marked as being subject to third party copyright. All of Your Content must be appropriately marked with licensing (or other permission status such as fair use) and attribution information.

Removal: We may, but are not obligated to, review Your Content and may delete or remove Your Content (without notice) from any of our websites at our sole discretion. Removal of any of Your Content from our websites (by you or us) does not affect any rights you granted in Your Content under the terms of a Creative Commons license.

Your conduct while using our websites

Human-readable summary: Play nice. Be yourself. Don’t break the law or be disruptive.

You agree not to engage in any of the following activities:

Violating laws and rights

  • You may not:
    • (a) use any of our websites for any illegal purpose or in violation of any local, state, national, or international laws,
    • (b) violate or encourage others to violate any right of or obligation to a third party, including by infringing, misappropriating, or violating intellectual property, confidentiality, or privacy rights.

Solcitation

  • You may not use our websites or any information provided through our websites for the transmission of advertising or promotional materials, including junk mail, spam, chain letters, pyramid schemes, or any other form of unsolicited or unwelcome solicitation.

Disruption

  • You may not use our websites in any manner that could disable, overburden, damage, or impair our websites, or interfere with any other party’s use and enjoyment of our websites; including by:
    • (a) uploading or otherwise disseminating any virus, adware, spyware, worm or other malicious code, or
    • (b) interfering with or disrupting any network, equipment, or server connected to or used to provide any of our websites, or violating any regulation, policy, or procedure of any network, equipment, or server.

Harming others

  • You may not post or transmit Content on or through our websites that is harmful, offensive, obscene, abusive, invasive of privacy, defamatory, hateful or otherwise discriminatory, false or misleading, or incites an illegal act.
  • You may not intimidate or harass another through our websites; and, you may not post or transmit any personally identifiable information about persons under 13 years of age on or through our websites.

Impersonation or unauthorized access

  • You may not impersonate another person or entity, or misrepresent your affiliation with a person or entity when using our websites.
  • You may not use or attempt to use another’s account or personal information without authorization.
  • You may not attempt to gain unauthorized access to our websites, or the computer systems or networks connected to our websites, through hacking password mining or any other means.

DISCLAIMER OF WARRANTIES

Human-readable summary: We do not make any guarantees about the claims made, services offered, or content available on our websites.

TO THE FULLEST EXTENT PERMITTED BY THE APPLICABLE LAW, WE OFFER OUR WEBSITES AS-IS AND MAKE NO REPRESENTATIONS OR WARRANTIES OF ANY KIND CONCERNING OUR WEBSITES, EXPRESS, IMPLIED, STATUTORY, OR OTHERWISE, INCLUDING, WITHOUT LIMITATION, WARRANTIES OF TITLE, MERCHANTIBILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NONINFRINGEMENT. WE DO NOT WARRANT THAT THE FUNCTIONS OR CONTENT CONTAINED ON OUR WEBSITES OR RELATING TO OPERATION OF OUR WEBSITES WILL BE UNINTERRUPTED OR ERROR-FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT ANY SERVERS USED BY US ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. WE DO NOT WARRANT OR MAKE ANY REPRESENTATION REGARDING USE OR THE RESULT OF USE OF THE CONTENT IN TERMS OF ACCURACY, RELIABILITY, OR OTHERWISE.

LIMITATION OF LIABILITY

Human-readable summary: We are not responsible for the content on the websites, your use of our services, or for the conduct of others on our websites.

TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT WILL WE BE LIABLE TO YOU ON ANY LEGAL THEORY FOR ANY INCIDENTAL, DIRECT, INDIRECT, PUNITIVE, ACTUAL, CONSEQUENTIAL, SPECIAL, EXEMPLARY OR OTHER DAMAGES, INCLUDING WITHOUT LIMITATION, LOSS OF REVENUE OR INCOME, LOST PROFITS, PAIN AND SUFFERING, EMOTIONAL DISTRESS, COST OF SUBSTITUTE GOODS OR SERVICES, OR SIMILAR DAMAGES SUFFERED OR INCURRED BY YOU OR ANY THIRD PARTY THAT ARISE IN CONNECTION WITH OUR WEBSITES (OR THE TERMINATION THEREOF FOR ANY REASON), EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, WE ARE NOT RESPONSIBLE OR LIABLE WHATSOEVER IN ANY MANNER FOR ANY CONTENT POSTED ON OUR WEBSITES (INCLUDING CLAIMS OF INFRINGEMENT RELATING TO THAT CONTENT), FOR YOUR USE OF OUR WEBSITES, OR FOR THE CONDUCT OF THIRD PARTIES WHETHER ON OR THROUGH OUR WEBSITES.

Certain jurisdictions do not permit the exclusion of certain warranties or limitation of liability for incidental or consequential damages, which means that some of the above limitations may not apply to you. IN THESE JURISDICTIONS, THE FOREGOING EXCLUSIONS AND LIMITATIONS WILL BE ENFORCED TO THE GREATEST EXTENT PERMITTED BY APPLICABLE LAW.

Indemnification

Human-readable summary: If something happens because you violate these terms, because of your use of the services, or because of the content you post on the sites, you agree to repay CC for the damage it causes.

To the extent authorized by law, you agree to indemnify and hold harmless us, our employees, officers, directors, affiliates, and agents from and against any and all claims, losses, expenses, damages, and costs, including reasonable attorneys’ fees, resulting directly or indirectly from or arising out of (a) your violation of the terms of use, (b) your use of any of our websites, and/or (c) the Content you make available on any of our websites.

Privacy Policy

Human-readable summary: Please read our Privacy Policy. It is part of these terms, too.

We are committed to handling responsibly the information and data we collect through our websites and in compliance with our Privacy Policy which is incorporated by reference into these terms of use. Please review the Privacy Policy so you are aware of how we collect and use your personal information.

Trademarks

Human-readable summary: Our websites may make reference to trademarks, both those that we own and those owned by other third parties.

Our websites or marketing materials may contain trademarks, service marks, logos and other names that are the property of ours or such other party as indicated with respect to that name or icon. All third-party product and company names, trademarks, service marks or registered marks made reference to in this work may be the property of their respective third party owners. "The future is the focus", "Matching promising technologies with the needs of education" and “Define and Build the Future of Educational Technology” are service marks of ours. Links to other third party resources on our websites are not to be construed as an endorsement, sponsorship or affiliation by us.

Copyright Complaints

Human-readable summary: Please let us know if you find infringing content on our websites.

We respect copyright, and we prohibit users of our websites from submitting, uploading, posting, or otherwise transmitting any Content on our websites that violates another person’s proprietary rights. If you have a concern regarding the use of copyrighted material on our websites, please contact us.

Termination

Human-readable summary: If you violate these terms, you may no longer use our sites.
  • By us: We may modify, change, suspend, interrupt, or terminate the operation of, or access to, all or any portion of our websites at any time for any reason. Additionally, your individual access to, and use of, our websites may be terminated by us at any time and for any reason.
  • By you: If you wish to terminate this agreement, you may immediately stop accessing or using our websites at any time.

Your right to use our websites terminates automatically upon your breach of any of these terms of use.

The disclaimer of warranties, the limitation of liability and the jurisdiction and applicable law provisions will survive any termination. The Creative Commons license grants mentioned in these terms of use will continue in effect subject to the terms of use of the applicable license. Your warranties and indemnification obligations will survive any termination for one year.

Miscellaneous Terms

Human-readable summary : If there is a lawsuit arising from these terms, it should be in Oregon and governed by Oregon law. We are glad you use our sites, but this agreement does not mean we are partners.

Choice of law: The terms of use are governed by and construed by the laws of the State of Oregon in the United States, not including its choice of law rules.

Dispute resolution: The parties agree that any disputes between us and you concerning these terms of use, and/or any of our websites may only brought in a federal or state court of competent jurisdiction sitting in the District Court of Oregon, and you hereby consent to the personal jurisdiction and venue of such court.

If you are an authorized agent of a government or intergovernmental entity using our websites in your official capacity, including an authorized agent of the federal, state, or local government in the United States, and you are legally restricted from accepting the controlling law, jurisdiction, or venue clauses above, then those clauses do not apply to you. For any such U.S. federal government entities, these terms of use and any action related thereto will be governed by the laws of the United States of America (without reference to conflict of laws) and, in the absence of federal law and to the extent permitted under federal law, the laws of the State of Oregon (excluding its choice of law rules).

No waiver: Either party’s failure to insist on or enforce strict performance of any of the terms of use will not be construed as a waiver of any provision or right.

Severability: If any part of the terms of use are held to be invalid or unenforceable by any law or regulation or final determination of a competent court or tribunal, that provision will be deemed severable and will not affect the validity and enforceability of the remaining provisions.

No agency relationship: The parties agree that no joint venture, partnership, employment, or agency relationship exists between you and us as a result of the terms of use or from your use of any of our websites.

Integration: These terms of use and any applicable additional terms constitute the entire agreement between you and us relating to this subject matter and supersede any and all prior communications and/or agreements between you and us relating to access and use of our websites.

Attribution of original work

These terms of use are a derivative work of the Creative Commons Terms of Use, copyright 2017 by Creative Commons, and is used under a Creative Commons CC0 Public Domain Dedication license.

Our music on hold is a remix by Pitx entitled, "Good Morning", and is used under a Creative Commons Sampling Plus 1.0 License.

Any feedback or concerns?

Please contact us with any comments, questions, concerns, or suggestions. We really appreciate your feedback.