Please review the following terms carefully, we draw your attention in particular to: 9 (Fees and Renewals); 12 (Disclaimer of Warranties and Liability); 13(Limitations of Liability); 17 (Changes to this Agreement and Waivers);18 (Termination); and 21 (Communications);
Clearsight is a community of IoT professionals that will provide for you, among other things, hardware, connectivity, platform, data, report, and analytics, and IoT applications and APIs (the “Services”). The Services are collectively referred to in these Terms as “Clearsight."
Conditional Use of Clearsight Services
Your permission to use Clearsight is conditional upon your agreement that you:
are 18 years of age or older;
will comply with these Terms;
will not copy or distribute any part of Clearsight in any medium without our prior written authorization;
will provide accurate information when creating an account or registering for our Site or Services;
are solely responsible for your User ID and the activity that occurs while signed in to or while using Clearsight using your User ID;
will not use Clearsight to collect any personally identifiable information, including account names, email addresses, or other such information, for commercial purposes;
will not use the communication systems provided by or contacts made on Clearsight for any commercial solicitation purposes;
represent that you own or have the necessary licenses, rights, permissions, and consents to use and authorize us to use any and all of your data in accordance with the licenses granted in this Agreement;
hereby grant to us a non-exclusive license to access your data to use, reproduce, distribute, prepare derivative works of, display and perform your data as permitted through Clearsight functionality and under these Terms;
Non-Confidentiality, Security And Privacy
You understand that much of the information that you submit to us is submitted precisely for the purpose of disclosure in a variety of ways by Clearsight, and that we use much of this information to provide services on the Site for which you have expressed interest.Therefore, such information is not subject to any confidentiality obligation.
Links To Third Party Sites
We don’t have control over websites that are linked from the Site or Services. Clearsight may contain links to third party websites, applications, programs or services that are not owned, operated, or controlled by us. Therefore, we cannot and do not assume responsibility for the content, privacy policies, or practices of such websites, applications, programs, or services, or the companies that own them.Additionally, we cannot and will not censor or edit the content of any third party provider.By using Clearsight you expressly relieve us from any and all liability arising from your use of any third party website, application, program or service.
Disclaimer of Warranties and Liability
We provide the Site and Services “as is” “with all faults”and “as available”. We and our suppliers and merchants make no express warranties or guarantees about the Site or Services.
THE Clearsight SITE AND SERVICES ARE INTENDED FOR INFORMATIVE PURPOSES ONLY. Clearsight MAKES NO GUARANTEES, REPRESENTATIONS OR WARRANTIES RESPECTING THE RELIABILITY OF SITE OR SERVICES, OR ANY GPS DATA OR COMPONENT THEREOF. THIS SITE AND SERVICES ARE NOT SUBJECT TO REVIEW, OR TESTED, APPROVED OR CERTIFIED BY, ANY GOVERNMENT OR PRIVATE AGENCY FOR USE IN CONNECTION WITH (I) NAVIGATION, DRIVING, RIDING OR AVIATION ACTIVITIES, (II) LIFE SAFETY ACTIVITIES, (III) MOTOR OR OTHER VEHICLES OR VESSELS OF ANY KIND, OR (IV) ANY OTHER PURPOSE OR USE.
Clearsight SHALL NOT BE LIABLE FOR ANY USE OF THE SITE (INCLUDING THE APPLICATIONS) OR SERVICES FOR ANY ACTIVITY IN WHICH THE USER’S HEALTH OR SAFETY IS POTENTIALLY AT RISK AND FOR WHICH THE ACCURACY OR RELIABILITY OF GPS DATA OR COMPONENT IS CRITICALLY REQUIRED, COULD RESULT IN DAMAGE TO PERSON OR PROPERTY, UP TO AND INCLUDING INJURY OR DEATH. Clearsight SPECIFICALLY DISCLAIMS ANY AND ALL LIABILITY, INCLUDING WITHOUT LIMITATION, CONSEQUENTIAL AND INCIDENTAL DAMAGES THAT MAY ARISE IN ANY WAY FROM THE USE OR RELIANCE ON THE SITE (INCLUDING THE APPLICATIONS) OR SERVICES, OR ANY RELATED DATA.
Nothing in these Terms shall limit or exclude our liability for:
death or personal injury resulting from our negligence;
damages resulting from gross negligence or intentional violation;
fraud or fraudulent misrepresentation; or
any other liability that cannot be excluded or limited by applicable law.
Limitations of Liability
NOTWITHSTANDING CLAUSE 12.5, YOUR SOLE AND EXCLUSIVE REMEDY FOR ANY DISPUTE WITH US IS TO DISCONTINUE YOUR USE OF Clearsight. IN NO EVENT SHALL OUR LIABILITY, OR THE LIABILITY OF OUR AFFILIATES, OFFICERS, DIRECTORS, AGENTS, VENDORS, OR MERCHANTS, FOR ANY AND ALL CLAIMS RELATING TO THE USE OF THE SITE (INCLUDING THE APPLICATIONS) OR SERVICES, EXCEED THE TOTAL AMOUNT OF FEES THAT YOU PAID US DURING THE PREVIOUS ONE-YEAR PERIOD FOR THE SPECIFIC SITE, APPLICATION OR SERVICE AT ISSUE.
WE, OUR AFFILIATES, OFFICERS, DIRECTORS, AGENTS, VENDORS, AND MERCHANTS, SHALL NOT BE LIABLE FOR:
ANY INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES ARISING FROM YOUR USE OF, INABILITY TO USE, OR RELIANCE UPON THE SITE OR SERVICES; OR
ANY CLAIMS FOR LOST PROFITS, LOST DATA, LOSS OF GOODWILL, WORK STOPPAGE, COMPUTER FAILURE OR MALFUNCTION, OR ANY OTHER COMMERCIAL OR PERSONAL DAMAGES OR LOSSES, EVEN IF WE KNEW OR SHOULD HAVE KNOWN OF THE POSSIBILITY OF SUCH DAMAGES.
IF ANY JURISDICTION DOES NOT ALLOW THE EXCLUSION OR THE LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, IN SUCH JURISDICTION, OUR LIABILITY, AND THE LIABILITY OF OUR AFFILIATES, OFFICERS, DIRECTORS, AGENTS, VENDORS, AND MERCHANTS, SHALL BE LIMITED TO THE FULL EXTENT PERMITTED BY LAW.
You acknowledge and agree that we and our licensors retain ownership of all intellectual property rights of any kind related to the Site or Services, including applicable copyrights, trademarks and other proprietary rights. We are not granting any license to you under any of those intellectual property rights by virtue of this Agreement, except for the limited right to use the Site or Services, in accordance with this Agreement. “Clearsight” is our trademark. Other product and company names that are mentioned on the Site or provided as part of the Services may be trademarks of their respective owners. We reserve all rights that are not expressly granted to you in this Agreement.
The data on Clearsight, excluding all intellectual property of other sites obtained by way of API and linking, is owned by us or our licensors. This includes, without limitation, the text, software, scripts, photos, sounds, interactive features and the trademarks, service marks and logos contained therein (“Marks”). The Marks are owned or licensed to Clearsight, subject to copyright and other intellectual property rights under United States law, the law of the jurisdiction where you reside, and international conventions. Data provided by us is provided to you “AS IS” for your information and personal use only and may not be used, copied, reproduced, modified, distributed, transmitted, broadcast, displayed, sold, licensed, or otherwise exploited for any other purposes whatsoever without the prior written consent of the respective owners. We reserve all rights not expressly granted in and to the Site or Services
As between you and us, you retain any intellectual property rights in any copyrighted materials and trademarks that are contained in Content that you post to the Site. You grant us an irrevocable, perpetual, non-exclusive, royalty-free, fully paid, worldwide license, with rights to sublicense through multiple levels of sublicensees, to reproduce, make derivative works of, translate, distribute, publicly perform and publicly display in any form or medium, whether now known or later developed, make, use, sell, import, offer for sale, otherwise commercially exploit and exercise any and all such rights, under any and all of your intellectual property rights related to the Data in any manner we choose. If you have any rights to the Data that cannot be licensed to us (such as moral rights in some countries), you unconditionally and irrevocably waive the enforcement of such rights, and all claims and causes of action of any kind against us.
We respect the intellectual property of others, and we ask you to do the same. If you are a copyright owner or an owner’s agent and find Content that infringes upon your copyrights, you may submit a notification according to the Digital Millennium Copyright Act or the equivalent legislation in your jurisdiction. To do so, please provide our Copyright Agent with the following information (see 17 U.S.C 512(c)(3) for further detail) in writing: (1) A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed; (2) Identification of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works at a single online site are covered by a single notification, a representative list of such works at that site; (3) Identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled and information reasonably sufficient to permit the service provider to locate the material; (4) Information reasonably sufficient to permit the service provider to contact you, such as an address, telephone number, and, if available, an electronic mail; (5) A statement that you have a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law; and (6) A statement that the information in the notification is accurate, and under penalty of perjury, that you are authorized to act on behalf of the owner of an exclusive right that is allegedly infringed. You acknowledge that if you fail to comply with all of the requirements of this Section, your DMCA notice (in the case of users in the United States) may not be valid. Your notice must be signed (physically or electronically) and must be addressed as follows:
16055 N Dial Blvd
Scottsdale, AZ 85260
The communications between you and Clearsight use electronic means, whether you visit the Site, or usethe Services, or send us emails, or whether Clearsight posts notices on the Site or communicates with you via email. For contractual purposes, you (a) consent to receive communications from Clearsight in an electronic form; and (b) agree that all terms and conditions, agreements, notices, disclosures, and other communications that Clearsight provides to you electronically satisfy any legal requirement that such communications would satisfy if it were in writing. The foregoing does not affect your non-waivable rights.
Changes to this Agreement and Waivers
We may change the terms of this Agreement from time to time on a going-forward basis, and any such modifications become effective immediately upon being posted to the Site. It is your sole responsibility to check the Site from time to time to view any such changes in the Agreement. If you do not agree to any changes, if and when such changes may be made to the Agreement, you must cease use of the Site (including the Applications) and Services. Your use of the Site (including the Applications) and the Services, after any modifications to the Agreement indicates that you agree to such modified Agreement.
Any changes to this Agreement (other than as set forth in this section or in the section above) or waiver of our rights hereunder shall not be valid or effective except in a written agreement bearing the physical signature of an officer of Clearsight
You agree that we may, under certain circumstances and without prior notice, immediately terminate your account and/or access to the Site (including the Applications) or Services.
Causes for such termination may include, but not be limited to:
breaches or violations of the Terms or other incorporated agreements or guidelines;requests by law enforcement or other government agencies;a request by you (self-initiated account deletions);discontinuance or material modification to the Site (including the Applications) or Services (or any portion thereof);unexpected technical or security issues or problems, (f) extended periods of inactivity; and/ornon-payment of any fees owed by you in connection with the Site (including the Applications) or Services.
Termination of your account may include:
removal of access to all offerings within the Site (including the Applications) and Services;deletion of your information, files and Content associated with or inside your account; andbarring of further use of the Site or Services.
Further, you agree that all terminations for cause shall be made in our sole discretion and that we shall not be liable to you or any third party for any termination of your account or access to the Site or Services.
This Site and Services are controlled by us from our offices within the United States of America. We make no representation that the Content in the Site or Services are appropriate or available for use in other locations, and access to them from territories where their content or use is illegal is prohibited. Those who choose to access this Site or use the Services from locations outside of the United States do so on their own initiative and are responsible for compliance with applicable local laws. You may not use or export the Content or the Services in violation of U.S. export laws and regulations.
Any action related to the Site, the Services, the Content or the Terms, shall be governed by Colorado law and controlling U.S. federal law, without regard to conflicts of laws thereof. You hereby consent and submit to the non-exclusive jurisdiction and venue in the state and federal courts located in Eagle County, Colorado for any legal proceedings related to the Site, the Services or the Terms. If any party hereto brings any suit or action against another for relief, declaratory or otherwise, arising out of these Terms, the prevailing party will have and recover against the other party, in addition to all court costs and disbursements, such sum as the court may adjudge to be reasonable attorneys’ fees. Except to the extent prohibited by applicable law, the parties agree that any claim or cause of action arising out of or related to use of the Site, the Services or the Terms must be filed within one (1) year after such claim or cause of action arose or be forever barred.
FOR USERS IN THE EUROPEAN UNION
If you are resident in the European Union (“EU”), the terms of this agreement shall be governed by the laws of the EU country in which you live. You may therefore bring a claim to enforce your consumer protection rights in connection with these Terms in the courts of such EU country.
No partnership or agency.
You agree that no joint venture, partnership, employment or agency relationship exists between us as a result of the Terms or your use of the Site (including the Applications) or the Services.
Our failure to exercise or enforce any right or provision of the Terms shall not constitute a waiver of such right or provision.
If any provision of the Terms is found by a court of competent jurisdiction to be invalid, the parties nevertheless agree that the court should endeavor to give effect to the parties’ intentions as reflected in the provision, and the other provisions of the Terms remain in full force and effect.
You may not assign, delegate or otherwise transfer your account or your obligations under these Terms without our prior written consent. We have the right, in our sole discretion, to transfer or assign all or any part of our rights under these Terms and we will have the right to delegate or use third-party contractors to fulfill our duties and obligations under these Terms and in connection with the Site or the Services.
Clearsight is committed to the ethical sourcing of components and minerals used in our products.
Clearsight is committed to promoting sustainability. We are committed to finding ways in which we can reduce the impact of our work both in the office and away from the office.