TERMS OF USE
By viewing, using, creating an account, or otherwise interacting with our website or any services, programs and materials available for purchase from such website (the “Website” or “Site”), you agree to follow and be bound by these Terms of Use (“Terms” or “Terms of Use”). If you do not agree to these Terms of Use, please do not use the Site or any of the Site’s materials or content.
We may revise these Terms of Use at any time without notice to you by posting a revised version on the Site. Such revised Terms of Use shall be effective as to all use of the Site (including with respect to existing users) upon posting, and your sole remedy should you disagree with any such revision shall be to cease to use the Site and any items, content and/or sessions accessed or purchased through the Site. If you have any questions about these terms of use, please contact us by email.
1. The Site Content.
The Site is owned and operated by Clarity Up LLC (“Clarity Up” or “we” or “us” or a similar designation). All right, title and interest in and to the content displayed, published, downloaded, or otherwise provided on, through or by the Site, including but not limited to information, documents, videos, sessions, consults, programs, materials, assessments, logos, graphics, sounds, photographs, images, and other content (collectively, the “Content“) are owned by us or by the respective third party authors, developers, or vendors. Except as otherwise expressly permitted by us in writing, none of the Content may be copied, reproduced, republished, downloaded, uploaded, posted, displayed, transmitted, or distributed in any way, and nothing on the Site shall be construed to confer any license to such effect to any of our intellectual property rights in the Content or the Site, whether by estoppel, course of dealing, or otherwise. Please contact us by email if you have any questions about obtaining a license to use the Content for any purpose other than as expressly permitted by these Terms of Use. We reserve any rights not expressly granted.
You agree that we may, in our sole discretion, without notice of any sort, but have no obligation to: (a) modify from time to time the design and functionality of the Site and all services we offer; (b) edit, modify, or remove certain Content; (c) reasonably edit any submission or posting you or any other user provides; or (d) otherwise modify or remove any content, service, feature, or other aspect of the Site or the Content.
2. Written Permission Required to Use Content.
All Content, including, without limitation, photographs, videos and recipes, are created by Brian Miller and Clarity Up and are protected by copyright laws. You may not copy, print, republish, redistribute or otherwise reproduce any Content without the prior written permission of Brian Miller and/or Clarity Up. The Content cannot be used for commercial purposes by others or be made available to any third parties. If you wish to reproduce any Content or use any materials, programs, assessments, texts or photographs, please contact us.
3. Links to Third Party Sites.
The Site may contain links to websites controlled by parties other than Clarity Up (“Third Party Sites”). We are not responsible for the availability of, contents on, charges incurred on, or your other use of, Third Party Sites. We provide links to Third Party Sites solely as a convenience to you, and the inclusion of any link does not imply our endorsement of a Third Party Site. We are not responsible or liable for the accuracy, content or any information presented in Third Party Sites. You bear all risks associated with Third Party Sites, and we are not responsible for any claim, loss or damage relating to or arising out of any Third Party Site or your use thereof.
4. User Activities and Posted Information.
You understand that you are responsible for all content, including, but not limited to, any comments, feedback, and correspondence, that you post, upload, transmit, email or otherwise make available on or through the Site (“User Content”). Additionally, you acknowledge that you have no expectation of privacy in or confidentiality with respect to your User Content. Accordingly, please choose User Content carefully.
You may not use the Site except to participate in the activities and sessions expressly authorized by Clarity Up, and for no other purpose. Prohibited activities include, without limitation:
mining for email addresses or other contact information;
sending or posting unsolicited marketing or sales solicitations or spam;
submitting or posting any unlawful, tortious, harassing, abusive, fraudulent, misleading, infringing, obscene, or otherwise inappropriate (in our sole discretion) content;
distributing malicious technologies such as viruses or adware;
perpetrating hoaxes or pyramid schemes;
encouraging unlawful or inappropriate behavior;
posting and/or submitting the intellectual property owned by another without permission;
interfering with another’s use or enjoyment of the Site or Content.
We reserve the right, but disclaim any obligation or responsibility, to remove any comments, postings, or other content you submit that violates this agreement, or for any other reason, in our sole discretion and without notice to you.
5. NO WARRANTY.
THE SITE AND ALL ITS SERVICES, PROGRAMS AND CONTENTS, AND THE CONTENT PROVIDED THEREON, INCLUDING, WITHOUT LIMITATION, ANY INFORMATION AND CONTENTS PROVIDED THROUGH OUR CONSULTATIONS AND PROGRAMS, ARE PROVIDED ON AN “AS IS,” “WHERE IS,” AND “AS AVAILABLE” BASIS. TO THE FULLEST EXTENT PERMITTED BY LAW, WE EXPRESSLY DISCLAIM ALL REPRESENTATIONS OR WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT. ALL RISK OF USE OF THE SITE, PARTICIPATION IN SITE ACTIVITIES, OR USE OF THE CONTENT IS WITH YOU.
THE CONTENT IS FOR INFORMATIONAL PURPOSES AND DOES NOT CONSTITUTE ANY LEGAL, TAX, MEDICAL, ACCOUNTING, OR OTHER PROFESSIONAL ADVICE. THE CONTENT MAY NOT COMPLY WITH LEGAL REQUIREMENTS OR PRECEDENT IN YOUR JURISDICTION. YOU ACCEPT SOLE RESPONSIBILITY TO CONSULT WITH AN ATTORNEY (OR OTHER APPROPRIATE PROFESSIONAL) PRIOR TO USE OF THE CONTENT IN ANY MANNER OTHER THAN STRICTLY FOR INFORMATIONAL PURPOSES.
WE MAKE NO WARRANTY THAT: (A) THE SITE OR THE CONTENT WILL MEET YOUR REQUIREMENTS; (B) THE SITE OR THE CONTENT WILL BE AVAILABLE ON AN UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE BASIS OR FROM ALL AREAS OR JURISDICTIONS; (C) THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SITE, OR ANY CONTENT OFFERED THROUGH THE SITE, INCLUDING THE SESSIONS AND PROGRAMS, WILL BE ACCURATE OR RELIABLE; OR (D) THE QUALITY OF ANY PRODUCTS, SERVICES, ADVICE, RECOMMENDATIONS, INFORMATION, OR OTHER MATERIAL ACCESSED OR OBTAINED BY YOU THROUGH THE SITE OR IN RELIANCE ON THE CONTENT WILL MEET YOUR EXPECTATIONS.
ANY CONTENT OBTAINED THROUGH THE USE OF THE SITE AND OUR PROGRAMS IS AT YOUR OWN DISCRETION AND RISK. WE SHALL HAVE NO RESPONSIBILITY FOR ANY DAMAGE TO YOUR COMPUTER (OR OTHER BROWSING DEVICE, OR ANY OTHER DEVICE CONNECTED THERETO) OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF ANY CONTENT, MATERIALS, INFORMATION OR SOFTWARE.
6. LIMITATION OF LIABILITY.
EXCEPT AS EXPRESSLY PROVIDED HEREIN, WE SHALL NOT BE LIABLE FOR ANY REFUNDS, DIRECT DAMAGES, COVER DAMAGES, OR THE COST OF SUBSTITUTE SERVICES. IN NO EVENT SHALL WE, OUR SHAREHOLDERS, OFFICERS, MEMBERS, EMPLOYEES, AGENTS, REPRESENTATIVES, SUCCESSORS OR HEIRS BE LIABLE FOR ANY INDIRECT, PUNITIVE, SPECIAL, INCIDENTAL, OR CONSEQUENTIAL DAMAGE (INCLUDING, BUT NOT LIMITED TO, LOSS OF BUSINESS, REVENUE, PROFITS, USE, DATA OR OTHER ECONOMIC ADVANTAGE), HOWEVER IT ARISES AND REGARDLESS OF LEGAL THEORY (WHETHER CONTRACT, TORT, PROPERTY, OR OTHERWISE), OR ARISING OUT OF, OR IN CONNECTION WITH, THE USE OR INABILITY TO USE THE SITE OR CONTENT AVAILABLE FROM THE SITE, EVEN IF WE HAVE BEEN PREVIOUSLY ADVISED OF THE POSSIBILITY OF SUCH DAMAGE.
SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU. IN SUCH EVENT, THE EXCLUSIONS SHALL APPLY TO THE FULLEST EXTENT PERMITTED UNDER APPLICABLE LAW.
THE ABOVE LIMITATIONS ARE MATERIAL AND OF THE ESSENCE WITH RESPECT TO OUR MAKING THE SITE AND THE CONTENT AVAILABLE TO YOU.
7. Indemnification.
You agree to defend, indemnify and hold harmless Brian Miller and Clarity Up, and their respective heirs, assigns, representatives, officers, members, directors, shareholders, employees and agents, from and against any and all third party claims, and all liabilities, damages, losses or expenses arising out of or relating to such claims, including reasonable attorneys’ fees and costs, arising out of or in any way connected with (a) your breach of these Terms of Use; (b) your access to or use of the Site, including without limitation the sessions and programs, and the Content, (c) any activity related to your account by you or any other person accessing the Site or our services and programs through your account, including, without limitation, negligent or wrongful conduct; or (d) your violation of any third party right, including, without limitation, any intellectual property right, publicity, confidentiality, property, or privacy right.
For purposes of clarity, these indemnification obligations apply to your use of the Site, along with your use of the Site’s Content and any of our services, programs and materials, other than as expressly authorized in this Terms, and your use of any information obtained from the Site or any information you provide to or through the Site.
We reserve the right, at our own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, in which event you will cooperate with us in asserting any available defenses.
8. Your Submissions.
We do not want you to submit confidential or proprietary information to us through the Site. All comments, information or material submitted to us, whether through the Site, email or other means, shall be considered non-confidential and may be used by us for any purpose in our sole discretion, without further compensation to you, unless otherwise expressly agreed by us in writing. You acknowledge that such submissions may become publicly available and you waive all moral or personality rights associated therewith.
By submitting any information or materials to us, you hereby assign to us, at no charge, all worldwide right, title and interest in and to the submissions and any intellectual property rights associated therewith. You represent that any materials or information you submit are (a) accurate and not misleading, and (b) owned by you, or licensed by you in a manner sufficient for you to submit the same to us as contemplated in these Terms of Use. You are solely responsible for any comments you make. We take no responsibility and assume no liability for any comments or other information posted and/or submitted by you or any third-party.
We may, but have no obligation to, monitor, edit or remove any content, comments or other information you submit that we determine, in our sole discretion, are unlawful, offensive, threatening, libelous, defamatory, pornographic, obscene or otherwise objectional or violates any party’s intellectual property or these Terms of Use or any of other policies.
9. Site Usage.
You agree not to use or launch any automated system, including without limitation, “web crawlers,” “robots,” “spiders,” “offline readers,” etc., that accesses the Site in a manner that sends more request messages to the Site servers in a given period of time than a human would produce in the same period by using a conventional web browser. We allow the operators of bona fide public search engines to use web crawlers to copy materials from the Site for the sole purpose of creating publicly available searchable indices of the materials which prominently link back to the Site source, but not caches or archives of such materials, nor for redisplay on any website or other publication except a bona fide search engine. We reserve the right to revoke these exceptions either generally or in specific cases, depending on the nature of use.
10. Programs and Pricing Information.
Although we have made every effort to display information for our programs and services as accurately as possible, our programs and services are subject to change at any time. Programs and services may be discontinued at any time and without notice. We are not responsible for typographical errors regarding price or any other matter. In the event that we need to change or cancel a program or service that you have purchased, you will be notified in accordance with the information you provided at the time you made your purchase. We are not responsible for any incorrect or outdated information you provide to us.
11. Registration.
Access to certain portions of the Site is restricted to registered users of the Site and/or those who subscribe to our programs and services. As part of our registration process, Personal Information will be requested from you, as defined and set forth in our Privacy Policy. You agree, represent, warrant and guarantee that all Personal Information provided by you is true, accurate, complete, up to date, and solely yours. You may not impersonate, imitate, or pretend to be somebody else when registering for any of our programs or services. When you log in, you will be asked to choose a password. You are responsible for safeguarding and maintaining the confidentiality of your password, and you agree not to disclose your password to any third party. You will be solely responsible for any activities or actions taken under your account, whether or not you have authorized such activities or actions. You must notify us immediately if you know or suspect that any unauthorized person is using your password or your account (for example, your password has been lost or stolen, someone has attempted to use our programs and services through your account without your consent, or your account has been accessed without your permission). We strongly recommend that you do not use our programs or services or access Content (defined below) on public computers. We also recommend that you do not store your password through your web browser or other software.
You are solely responsible for all access or visitation to, usage of, or activity on, your account/profile including, but not limited to, use of the account/profile by any person who uses your Personal Information, with or without authorization, or who has access to any computer, mobile, or other device on which your account/profile resides or is accessible. You acknowledge and agree that we may, and you specifically authorize us to, process all transactions, including without limitation purchases and/or registration for products and/or Services, including, without limitation, Content provided by us.
You agree to pay all fees and charges, including applicable taxes and surcharges, incurred through your activity on or through the Site(s) and/or through your account/profile (such fees, charges, taxes, and surcharges shall collectively be referred to as “Fees”). Unless otherwise specified, all Fees will be quoted and charged in U.S. dollars. You must notify us about any billing problems or discrepancy within thirty (30) days after they first appear on your statement; otherwise, you waive any right to challenge or dispute such problem or discrepancy.
12. Your Security.
You are responsible for implementing sufficient procedures and security mechanisms to satisfy your particular requirements for anti-virus protection and accuracy of data input and output, and for maintaining a means external to and separate from this Site to reconstruct any lost data.
We will not be liable for any loss or damage caused by a distributed denial-of-service attack, viruses, or other technologically harmful material that may infect your computer equipment, computer programs, data, or other proprietary material due to your use of the Site or to your downloading of any material posted on them, or on any third-party website linked to them.
Some jurisdictions do not permit us to exclude warranties in these ways, so it is possible that these exclusions will not apply to our agreement with you. In such event, the exclusions shall apply to the fullest extent permitted under applicable law.
13. Compliance with Laws.
You may not access, download, use or export the Site or Content in violation of United States Federal or state laws or regulations, or in violation of any other applicable laws or regulations.
14. Children.
All information and content on this Site are intended for individuals at least 18 years old or older. Children under the age of 18 are prohibited from using this Site, and we ask that they do not submit any personal information to us. Children under the age of 18 who participate in any of our programs must be supervised by at least one adult during any sessions.
15. Governing Law; Venue.
These Terms of Use, and your rights and obligations hereunder or with respect to your use of the Site or the Materials, shall be governed by and interpreted in accordance with the laws of the State of Connecticut, excluding its choice of law rules.
Any legal action relating to these Terms of Use, or the Site or the Content, shall be instituted in a state or federal court in Hartford County, Connecticut, provided that actions for specific performance or injunctive relief, or to enforce a judgment may be brought where necessary, and each of you and Clarity Up agrees to exclusive personal jurisdiction and venue in Hartford County, Connecticut.
16. WAIVER OF JURY TRIAL.
THE PARTIES HERETO HEREBY WAIVE TRIAL BY JURY IN ANY LITIGATION, SUIT, OR PROCEEDING, IN ANY COURT WITH RESPECT TO, IN CONJUNCTION WITH, OR ARISING OUT OF THESE TERMS OR THE PRIVACY POLICY OR THE VALIDITY, PROTECTION, INTERPRETATION, COLLECTION, OR ENFORCEMENT THEREOF, AND/OR PERFORMANCE OF ANY OF THE OBLIGATIONS OR SERVICES HEREUNDER OR THEREUNDER.
17. Waiver and Severability.
The failure by us to enforce any provision of these Terms will not constitute a waiver. If any court of law, having the jurisdiction to decide the matter, rules that any provision of these Terms is invalid or unenforceable, then the invalid or unenforceable provision shall be removed from these Terms or reformed by the court and given effect so as to best accomplish the essential purpose of the invalid or unenforceable provision, and all of the other provisions of these Terms shall continue to be valid and enforceable. Nothing contained in these Terms shall limit the ability of a party to seek an injunction or other equitable relief without posting any bond.
18. Privacy Policy; Other Website Rules.
You agree to the Privacy Policy, to which you are also bound. All limitations of liability, disclaimers of warranty, jurisdictional and venue provisions in these Terms of Use shall apply to any claim or question under the Privacy Policy and shall be deemed incorporated therein by reference. All other disclaimers, terms, policies or rules set forth on the Site are also binding on you and apply to your use of the Site, and your violation thereof shall be deemed a breach of these Terms of Use.
19. Miscellaneous.
These Terms are expressly made subject to any laws, regulations, orders or other restrictions on the export of data from the United States of America. You shall comply with such laws, regulations, orders or other restrictions. You agree that these Terms will not be construed against Brian Miller or Clarity Up by virtue of having drafted them. You hereby waive any and all defenses you may have based on the electronic form of these Terms and the lack of signing by the parties hereto to execute these Terms.
20. Contacting Us.
If you have any questions or feedback about these Terms, the Site, or any of our services, programs or materials, please contact us by email at team@clarityupconsulting.com. Please note that email communications will not necessarily be secure. You should not include credit card information or other sensitive information in your email correspondence with us.