Terms and Conditions

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 November 19, 2013.

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 our websites you also represent that you have the legal authority to accept these terms of use on behalf of yourself and any party you represent in connection with your use of our websites. If you do not agree to these terms of use, you are not authorized to use our websites.

Our websites originate from facilities in the United States of America. We make no representations that the websites are appropriate or available for use in other locations. If you are accessing or using the websites from other jurisdictions, you do so at your own risk and you are responsible for compliance with local law.

We make a variety of websites available to you under these terms of use. You may only use our websites in accordance with these terms of use and, in particular but without limitation, you may not use our websites for any purpose that is unlawful or prohibited by these terms of use or any other conditions or notices that we make available on our websites.

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. All new and/or amended terms of use take effect immediately. Notwithstanding the foregoing:

  • No modification to these terms of use will apply to any dispute between you and us that arose prior to the effective date of any modification; and,
  • If you do not agree with any modification to these terms of use, you may cease using our websites.

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.

Privacy Policy

We are committed to handling responsibly the information and data we collect through our websites and agree to use your personal information in accordance with our Privacy Policy and these terms of use. Our Privacy Policy is hereby incorporated into these terms of use.

Termination

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

In addition, we may, at any time:

  • Modify, suspend or terminate the operation of or access to our websites, or any portion thereof, for any reason;
  • Modify or change our websites, or any portion of thereof, and any applicable terms of use and policies governing the use of our websites, for any reason; and/or,
  • Interrupt the operation of our websites, or any portion of our websites, for any reason, all as we deem appropriate at our sole discretion.

Your use of our websites may be terminated by you or by us at any time and for any reason whatsoever.

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.

About the content you post on our websites

As used in these terms of use, "Content" includes but is not limited to photos, profiles (including name, location, image and likeness), text, information, lists of works, comments, and any other Content that is posted, uploaded or displayed ("post" or "posted") on or through our websites. You may only post Content that you have the right to post. For example, this means that you can only post Content that you yourself create, that is in the public domain or that you have been expressly granted the right to use and post. For the avoidance of doubt, materials that infringe the rights of any third party (i.e., materials used without express permission of the copyright owner) may not be posted. You represent, warrant and agree that no Content of any kind submitted or posted on our websites (including without limitation your likeness and photograph or image) or submitted, posted or otherwise shared by you through any of our websites, will violate or infringe upon the rights of any third party, including copyright, trademark, privacy, publicity or other person or proprietary rights, or contain libelous, defamatory or otherwise unlawful material.

You may post Content to our websites for public viewing. To the extent such Content is copyrightable, as a condition to making the posting you must license Your Content to the world under the Creative Commons Attribution 3.0 Unported License. By submitting Content (including your likeness and your photograph/image) to our websites, you represent and warrant to us that you have all necessary rights and authority to upload such Content to our websites and in the case of your likeness and photograph/image, to license it to the world under the Creative Commons Attribution 3.0 Unported License.

You are solely responsible for the Content that you post. We may, but is not obligated to, review your postings and may delete or remove (without notice) any Content in our sole discretion we determine violates these terms of use or that may be offensive, illegal, or that might violate the rights, harm or threaten the safety of others. We do not endorse or support any Content posted on our websites.

You alone are responsible for creating backup copies and replacing any Content you post on our websites, and you authorize us to make copies of your Content as we deem necessary in order to facilitate the posting of your Content on our websites. You may request in writing for your Content to be removed from our websites. We do not assert any ownership over your Content. You retain full ownership of all of your Content.

Use of content posted on our websites

Unless otherwise indicated, you may use the content that you find on our websites in accordance with the Attribution-NonCommercial-ShareAlike 3.0 Unported 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. You represent and warrant to us that you will use any and all content made available on our websites in accordance with such license. You should be sure to review the terms of use of that license before you use it so that you know what you can and cannot do with them.

By using our websites, you agree that you are solely responsible for your use of any and all Content made available thereon. Further, you represent that you understand that all information and Content made available at or submitted to our websites is the sole responsibility of the person from which such Content originated. This includes assertions that persons may make, expressly or impliedly, about the provenance and ownership of Content that they upload or list and/or link to. You also acknowledge that we do not make any representations or warranties about the Content, including without limitation, about the accuracy, integrity or quality of the Content and information made available at the instigation of other third party users of our websites (including the provenance or ownership of such content). You understand that by using our websites, you may be exposed to Content that is offensive, indecent or objectionable. 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 to, linked to or otherwise accessible or made available via our websites.

You agree that you must evaluate, and bear all risks associated with, the use of any Content, including any reliance on the provenance, ownership, accuracy, completeness, or reliability of such Content. In this regard, you acknowledge that you may not rely on any Content not created by us or submitted to us, including without limitation information posted on or linked to from any profile page or elsewhere on our websites.

You agree that, while we may make efforts to ensure that the Content made available on our websites is legal, non infringing and that the use of it in accordance with these terms of use and, where applicable, a Creative Commons license will not infringe the rights of any third party, we cannot guarantee that Content made available on our websites do not infringe the rights of any third party.

You further agree that all content posted by us (as opposed to other third party users) on our websites is made available under the terms of use of the CC license specified herein, and that all rights not expressly granted under the terms of use of such license are reserved by us and our licensors.

Your conduct while using our websites

You agree not to use our websites to:

  • Post, use or transmit material or Content that you do not have the right to post or use, for example, under intellectual property, confidentiality, privacy or other applicable laws;
  • Post, use or transmit unsolicited or unauthorized materials or Content, including advertising or promotional materials, "junk mail," "spam," "chain letters," "pyramid schemes," or any other form of unsolicited or unwelcome solicitation or advertising;
  • Post, use or transmit material or Content that contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment or otherwise interfere with or disrupt our websites or servers or networks connected to our websites, or that disobeys any requirements, procedures, policies or regulations of networks connected to our websites;
  • Post or transmit material or Content that is harmful, offensive, obscene, abusive, invasive of privacy, defamatory, hateful or otherwise discriminatory, false and misleading, incites an illegal act, or is otherwise objectionable, or is otherwise in breach of your obligations to any person or contrary to any applicable laws and regulations;
  • Intimidate or harass another;
  • Use or attempt to use another's account or personal information;
  • Remove, circumvent, disable, damage or otherwise interfere with any security-related features that enforce limitations on the use of our websites;
  • Attempt to gain unauthorized access to our websites, other accounts, computer systems or networks connected to our websites, through hacking password mining or any other means or interfere or attempt to interfere with the proper working of our websites or any activities conducted through our websites;
  • Use any means to bypass or ignore robot.txt, or other measures we use to restrict access or use of our Website; or
  • Impersonate another person or entity, or falsely state or otherwise misrepresent your affiliation with a person or entity.

In addition, you may not (and may not authorize another party to):

  • Frame or otherwise co-brand the Website (for example, by displaying a name, logo, trademark or other means of attribution) of a third party that is reasonably likely to give other visitors the impression that the third party has the right to display, publish or distribute our websites; or,
  • 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.

Third Party Websites and Third Party Content

Our websites may contain links to websites not controlled by us ("Third Party Websites"), as well as articles, photographs, text, graphics, pictures, designs, music, sound, video, information and other Content or items belonging to or originating from persons or organizations other than us ("Third Party Content"). You acknowledge that we:

  • Are not responsible or liable for any Third Party Websites, including without limitation, the Third Party Content, information or products made available at any Third Party Website;
  • Have not reviewed any Third Party Websites or Third Party Content for accuracy, appropriateness or completeness;
  • Have not sponsored or otherwise endorsed Third Party Websites or Third Party Content; and,
  • Make no representations or warranties whatsoever about any Third Party Websites or Third Party Content (including without limitation, lists of works).

DISCLAIMER OF WARRANTIES

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 (INCLUDING WITHOUT LIMITATION 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 THE SERVERS HOSTING OUR WEBSITES 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 use OF ACCURACY, RELIABILITY, OR OTHERWISE.

LIMITATION OF LIABILITY

EXCEPT TO THE EXTENT REQUIRED BY APPLICABLE LAW AND THEN ONLY TO THAT EXTENT, IN NO EVENT WILL WE, OUR EMPLOYEES, OFFICERS, DIRECTORS, AFFILIATES OR AGENTS (OUR “ASSOCATED PARTIES”) 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 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), INCLUDING WITHOUT LIMITATION THE USE OF ANY MATERIAL INCLUDED OR POSTED ON OUR WEBISTES, EVEN IF WE OR OUR ASSOCATED PARTIES HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

WE AND OUR ASSOCIATED PARTIES WILL NOT BE RESPONSIBLE OR LIABLE WHATSOEVER IN ANY MANNER FOR ANY CONTENT POSTED ON OUR WEBSITES (INCLUDING CLAIMS OF INFRINGEMENT), FOR YOUR USE OF OUR WEBSITES, OR FOR THE CONDUCT OF THIRD PARTIES WHETHER ON OUR WEBSITES OR OTHERWISE RELATING TO USE OF OUR WEBSITES.

NOTWITHSTANDING ANYTHING TO THE CONTRARY COTAINED IN THESE terms of use, THE LIABILITY OF US AND OUR ASSOCATED PARTIES FOR ANY CAUSE WHATSOEVER, AND REGARDLESS OF THE FORM OF ACTION, WILL AT ALL TIMES BE LIMITED TO THE AMOUNT DONATED, IF ANY, BY YOU TO US WHILE USING OUR WEBSITES.

Indemnification for breach of these terms of use

You agree to indemnify and hold harmless us and our associated parties (defined above) from and against any and all loss, expenses, damages and costs, including without limitation reasonable attorneys fees, resulting, whether directly or indirectly, from your violation of these terms of use. You also agree to indemnify and hold harmless us and our associated parties from and against any and all claims brought by third parties arising out of your use of our websites and the Content you make available therein by any means, including without limitation through a posting, a link, reference on a list of works, or otherwise.

Trademarks

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

We respect the intellectual property rights of others, and we prohibit visitors to our websites from uploading, posting or otherwise transmitting any materials that violate another person's intellectual property rights. If you have a concern regarding the use of copyrighted material on our websites, please contact us.

Other applicable terms of use

These terms of use are governed by and construed by the laws of the State of Oregon and the United States, exclusive of its choice of law principles. The parties agree that any disputes or proceedings between you and us concerning these terms of use and use of our websites will be brought in a federal or state court of competent jurisdiction sitting in Oregon (U.S.), and hereby consent to the personal jurisdiction and venue of such court. Either party's failure to insist on or enforce strict performance of any of these terms of use will not be construed as a waiver of any provision or right. If any term or part of these terms of use is 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 any remaining provisions. The parties agree that no joint venture, partnership, employment, or agency relationship exists between you and us as a result of these terms of use, or your use of our websites. These terms of use constitute the entire agreement between you and us relating to this subject matter and supersede all prior, contemporaneous and future communications (with the exception of future amendments to these terms of use we make available from time to time) between you and us. A printed version of these terms of use and of any notice given in electronic form will be admissible in judicial or administrative proceedings based on or relating to these terms of use to the same extent and subject to the same conditions as other business documents and records originally generating and maintained in printed form.

Using these terms of use for your own purposes

Creative Commons LicenseThese terms of use are licensed under a Creative Commons Attribution 3.0 License. You are free to use and adapt these terms of use for your own purposes. However, please keep in mind that these terms of use, as written, may not be completely suitable for your situation. We strongly encourage you to seek the advice of your own attorney or counsel before using these terms of use.

Attribution of original work

These terms of use are a derivative work of the Creative Commons Terms of Use, copyright 2009 by Creative Commons, and is used under a Creative Commons Attribution 3.0 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.