By accepting this Agreement, you (the “User”) agree to be bound by and abide by its terms and conditions. Your use of Clearview Social (the “Services”) indicates your continued acceptance of this Agreement. You agree that the electronic acceptance of this Agreement shall have the same force and effect as if this Agreement were physically signed.
If you do not accept these terms and conditions, you should click the 'decline' button below and promptly destroy or delete any materials in your possession relating to the Services. In this Agreement, the words “you” and “your” refer to the person accepting this Agreement, and “Clearview Social”, “we”, “us”, and “our” refer to the Clearview Social product operated by Clearview Social, Inc. and its affiliates.
Clearview Social is dynamic content-sharing software that allows professionals to share content on their social media platforms. By utilizing our Services, you hereby accept this Agreement and agree to all of the terms, conditions, and notices contained or referenced herein.
A. Your Consent
By accessing or using the Services, you hereby agree to comply with and be bound by the terms of this Agreement as detailed herein.
We reserve the right, in our sole discretion, to modify this Agreement from time to time with or without notice. The amended Agreement shall automatically be effective five (5) days after it is posted to the Clearview Social website. Your continued use of the Services after the effective date of any posted change constitutes your acceptance of the amended Agreement.
B. Withdrawing Your Consent
You have the right at any time to withdraw your consent to the terms of this Agreement. To withdraw your consent to this Agreement, please notify us in writing by sending a letter to the following address: Clearview Social, 77 Goodell Street, Suite 430, Buffalo, NY 14203. Your withdrawal of consent shall be effective within a reasonable time after we receive your withdrawal notice, and we will discontinue your then-current subscription to our Services. Your withdrawal of consent will not affect the legal validity or enforceability of this Agreement prior to the effective date of your withdrawal. Should you later decide to resume your use of our Services, you will be required to again consent to the terms of this Agreement before we will issue you login credentials.
C. Electronic Agreement
This Agreement is an electronic contract that sets out the legally binding terms of your use of the Services. This Agreement may be modified by Clearview Social from time to time, such modifications shall be effective upon posting by Clearview Social through the Services. By utilizing the Services, you consent to have this Agreement provided to you in electronic form.
D. Non-Electronic Copy
You have the right to request this Agreement in non-electronic form. You may request a non-electronic copy of this Agreement either before or after you electronically sign this Agreement. To receive a non-electronic copy of this Agreement, please send us a letter and a stamped, self-addressed envelope to the following address: Clearview Social, 77 Goodell Street, Suite 430, Buffalo, NY 14203.
E. Access to this Agreement
We recommend that you print a copy of this document for your records. We reserve the right to modify and update this Agreement from time to time as we see fit with or without notice.
F. Agreement Term
This Agreement shall remain in full force and effect while you use the Services.
II. TERMINATION OF THE SERVICES
A. Termination by User
You may terminate your Services at any time, for any reason, by sending written notice of termination to Clearview Social, 77 Goodell Street, Suite 430, Buffalo, New York 14203. You will not be entitled to a refund of monies paid to access and use the Services.
B. Termination by Clearview Social
If Clearview Social terminates your Services because you have breached any term of this Agreement, you will not be entitled to any refund. All decisions regarding the termination of accounts shall be made in the sole discretion of Clearview Social. We may immediately suspend your access to the Services if such use (a) might impair the ability of other users to access or use the Services, or (b) is in violation of any federal, state, local, or foreign laws, rules, regulations, and ordinances.
Please note, however, that we are not required to disclose to you the reason we are terminating your access to and use of the Services. Further, we are not required provide you with notice prior to terminating your access to and use of the Services. If your access to the Services is terminated, all terms that by their nature may survive termination of this Agreement shall be deemed to survive such termination.
Upon termination of this Agreement, you must immediately cease all use of the Services. Upon termination of this Agreement for any reason, you must promptly destroy all materials in your possession pertaining to the Services (including all copies thereof and any proprietary software Clearview Social provided to you, but not including any data which is rightfully in your possession). You agree to promptly provide Clearview Social with written certification of your compliance with the terms of this paragraph upon Clearview Social's request.
III. THE SERVICES
A. Ownership and Control of the Services
Clearview Social retains sole and exclusive ownership of and all right, title, and interest in and to the Services (including ownership of all trade secrets, trade dress, copyrights, and other intellectual property rights pertaining to the Services), and to all modifications and enhancements of the Services, subject only to the rights and privileges expressly granted to you by Clearview Social through this Agreement. In addition, the Services is presented with a distinctive “look and feel”, and this “look and feel” is the proprietary property of Clearview Social. Clearview Social reserves all rights in and to the Services not expressly granted under this Agreement. You are prohibited from placing any claims, liens, or encumbrances on the Services.
The Services are protected by all applicable local, state, and federal laws, including but not limited to copyright, trademark, and patent law, as well as applicable international laws and international treaty provisions. You may not use, copy, modify, or distribute the Services (electronically or otherwise), including the source code for any portion of the Services, or any copy, adaptation, transcription, or merged portion thereof, except as expressly authorized by Clearview Social in writing.
B. Prohibited Use of the Services
You must not modify, reverse engineer, disassemble, decompile, translate, create derivative works from, or otherwise alter the Services, except where such action is necessary to develop an independent interoperable program (and in such circumstances such action shall only be permitted on the prior written consent of Clearview Social, such consent not to be unreasonably withheld). You may not transfer, lease, assign, rent, or sublicense the rights granted to you under this Agreement, or make the Services available for the use of other persons through your license to use the Services. You may not use any portion of the Services or any standalone utility provided for use with the Services for any purpose other than its intended purpose.
You must not use the Services to harm others or the Services. For example, you must not use the Services to harm, threaten, or harass another person, organization, or Clearview Social. You must not damage, disable, overburden, disrupt, or impair the Services (or any network connected to the Services, resell or redistribute the Services or any part of it, use any unauthorized means to modify, reroute, or gain access to the Services or attempt to carry out these activities, or use any automated process or service to access or use the Services.
In addition, you promise that you will not, nor will you encourage or assist any third party, to engage in any of the following:
1. remove, obscure or alter any proprietary rights notice pertaining to the Services;
2. use the Services to engage in any unlawful or fraudulent activity or perpetrate a hoax or engage in phishing schemes or forgery or other similar falsification or manipulation of data;
3. use the Services to send unsolicited or unauthorized junk mail, spam, chain letters, pyramid schemes or any other form of duplicative or unsolicited messages, whether commercial or otherwise;
4. use the Services to store or transmit inappropriate data:
(i) containing unlawful, defamatory, threatening, pornographic, abusive, libelous, hateful, or otherwise objectionable material of any kind or nature;
(ii) containing any material that encourages conduct that could constitute a criminal offense or that violates the intellectual property rights or rights to the publicity or privacy of others;
(iii) store or transmit any data that contains or is used to initiate a denial of service attack, software viruses or other harmful or deleterious computer code, files or programs such as Trojan horses, worms, time bombs, cancelbots, or spyware; or
(iv) abuse, harass, stalk or otherwise violate the legal rights of a third party;
5. access or attempt to access Clearview Social's other accounts, computer systems or networks not covered by this Agreement, through password mining or any other means; or
6. cause, as determined by Clearview Social’s in its sole discretion, inordinate burden on the Services or Clearview Social's system resources or capacity.
Clearview Social reserves the right to investigate and terminate your access to and use of the Services if you have misused the Services or behaved in a manner which could be regarded by Clearview Social as inappropriate, unlawful, hateful, or illegal.
You acknowledge that the Services, including, without limitation, standalone software utilities and documentation, have been developed by Clearview Social at great expenditure of time, resources, and money and are considered proprietary and confidential by Clearview Social. Therefore, you hereby agree that, except as needed to use the Services, you will not disclose details about the Services to any third party and will exercise the highest reasonable degree of care to safeguard the confidentiality thereof.
V. LIMITED WARRANTY
You hereby acknowledge and understand that neither Clearview Social nor any other third party partner or agent of Clearview Social involved in the provision of the Services (each such third party, a “Third Party Provider”) can ensure that the operation of, performance of, and/or access to the Services will be uninterrupted or error-free. As your exclusive remedy for any material defect in the Services provided hereunder, Clearview Social will attempt through reasonable efforts to correct or cure any such reproducible and documented material defect.
Clearview Social will not be obligated to correct, cure, or otherwise remedy any nonconformity or defect in the Services: (i) if caused by software or other equipment used by you which has not been provided by Clearview Social; (ii) if you have made any changes whatsoever to the Services; (iii) if the Services has been misused or damaged in any respect; or (iv) if you have not reported to Clearview Social the existence and nature of any such nonconformity or defect immediately upon discovering it.
Clearview Social does not and cannot control the flow of data and content to or from the Services, as such flow depends in large part on the User, the performance of computer hardware and Internet services and software provided or controlled by third parties (including you), on the public Intranet infrastructure, and on other events beyond the reasonable control of Clearview Social. At times, action or inaction of third parties, hardware/software problems with the public Internet infrastructure or with your computing equipment, or other events beyond the reasonable control of Clearview Social can impair or disrupt your connection to the Services. Except as specified in the foregoing paragraph, Clearview Social will not be liable for any such interruptions in your ability to access the Services resulting from or related to such services, software, or events.
EXCEPT AS EXPRESSLY SET FORTH IN THIS AGREEMENT, THE SERVICES ARE LICENSED TO YOU ON AN “AS-IS” BASIS, AND CLEARVIEW SOCIAL DISCLAIMS ANY AND ALL EXPRESS OR IMPLIED PROMISES, REPRESENTATIONS, AND WARRANTIES OF ANY KIND WITH RESPECT TO THE SERVICE, INCLUDING BUT NOT LIMITED TO ITS CONDITION, CONFORMITY TO ANY REPRESENTATION OR DESCRIPTION, ITS COMPATIBILITY WITH ALL EQUIPMENT AND SOFTWARE CONFIGURATIONS, THE EXISTENCE OF ANY LATENT OR PATENT DEFECTS, ANY NEGLIGENCE, WARRANTIES OF TITLE, AGAINST INFRINGEMENT, AND ITS MERCHANTABILITY OR FITNESS FOR A PARTICULAR USE OR PURPOSE.
VI. SHARING CONTENT
A. Responsibility of Users
You acknowledge and agree that Clearview Social shall not be responsible for the content published or disseminated by User or the modification, use, or publication of data by you or any other User or third party (other than Clearview Social affiliates, assigns, agents, or subcontractors). Clearview Social shall not be responsible for the accuracy, nature, content, or completeness of information obtained by you from or through the Services (including, for example, from any Clearview Social Exchange).
As a User, you are solely responsible for the Content that you publish, display, or post through the Services, or transmit or retransmit through social media or any other means. You will not post through the Services, or transmit or share, any defamatory, inaccurate, abusive, obscene, profane, offensive, sexually oriented, threatening, harassing, racially offensive, hateful, or illegal material, or any material that infringes or violates another party’s rights (including, but not limited to, intellectual property rights, and rights of privacy and publicity). You will not publish any content through the Services in violation of any state or federal rules of professional responsibility and ethics.
B. Third-Party Content Creators
Any opinions, advice, statements, offers, or other information or content made available through the Services, but not directly by Clearview Social, are those of their respective authors. Such authors are solely responsible for such content. Clearview Social does not: (i) guarantee the accuracy, completeness, or usefulness of any information through the Services, or (ii) adopt, endorse or accept responsibility for the accuracy or reliability of any opinion, advice, or statement made by any party. Under no circumstances will Clearview Social or its affiliates be responsible for any loss or damage resulting from your reliance on information or other content posted on through the Services or transmitted to or by any user of the Services.
VII. COMPLIANCE WITH LAWS
You hereby acknowledge and agree that your access to and use of the Services may be subject to applicable foreign, federal, state and/or local laws, ordinances, rules, and regulations, including without limitation, the rules and regulations of foreign, federal, state, and/or local agencies, such as the Federal Communications Commission. You agree to comply with all applicable laws, ordinances, rules, regulations, and/or requirements imposed by any government or regulatory agency on your use, transmission, and disclosure of any data or information via the Services. You also represent and warrant that any posts, data, media, or other content you disseminate through the Services does not violate the intellectual property rights or other rights of any third party.
VIII. MODIFICATIONS TO SERVICES
Clearview Social reserves the right at any time to modify or discontinue, temporarily or permanently, the Services (or any part thereof) with or without notice. You agree that Clearview Social shall not be liable to you or to any third party for any modification, suspension, or discontinuance of the Services.
IX. INTELLECUTAL PROPERTY
You are prohibited from posting, distributing, or reproducing any copyrighted material, trademarks, or other proprietary information without obtaining the prior written consent of the owner of such proprietary rights. Clearview Social shall not be liable for any intellectual property infringement perpetrated, or alleged to be perpetrated, by the User.
You hereby acknowledge and understand that the transmission or publication of data via the Services is subject to the likelihood of human and machine errors, omissions, delays, and losses including but not limited to viruses or inadvertent loss of data or damage to media that may give rise to loss or damage. Clearview Social is not and shall not be liable for any such errors, omissions, delays, or losses, except to the extent caused by its own gross negligence or willful misconduct and subject to all other terms and conditions of this Agreement.
The Services should only be used as a conduit for information, not as primary information storage. As a User, you are responsible for adopting reasonable measures to limit the impact of data loss (such as corruption or virus infection), including (a) keeping on your local computer backup copies of data you transmit via the Services in the event you have to re-transmit the data; (b) verifying the data in documents or other materials before transmitting them via the Services; and (c) verifying that documents and other information you have posted to the Services has been properly posted and have been permissioned to only those persons to whom you wish to grant access. You also understand that other individuals with appropriate access rights may have access to User data you transmit through the Services. You shall also run antivirus software on any computer you use to access the Services and shall ensure that documents and files transmitted through the Services have been scanned for viruses.
XI. CONSENT TO EMAIL COMMUNICATIONS
User hereby consents to the receipt of email communications from Clearview Social relating to the Services, including, without limitation, alerts from Clearview Social regarding information posted to Clearview Social on which you participate.
XII. LIMITATION ON LIABILITY
Except where expressly restricted by law, in no event will Clearview Social be liable to you or any third person for any indirect, consequential, exemplary, incidental, special or punitive damages, including, but not limited to, lost profits arising from your use of the Services, even if Clearview Social, has been advised of the possibility of such damages.
FURTHER, THE AGGREGATE LIABILITY OF CLEARVIEW SOCIAL (INCLUDING ITS CURRENT AND FORMER SHAREHOLDERS, DIRECTORS, OFFICERS, EMPLOYEES, OR AGENTS) AND ANY THIRD-PARTY PROVIDER TO YOU IN RELATION TO THIS AGREEMENT WILL NOT IN ANY EVENT EXCEED THE AMOUNT PAID BY THE USER TO ACCESS AND USE THE SERVICES. NOTWITHSTANDING THE FOREGOING, NOTHING IN THIS AGREEMENT SHALL EXCLUDE OR OTHERWISE LIMIT ANY LIABILITY FOR (A) PERSONAL INJURY OR DEATH CAUSED DIRECTLY BY THE NEGLIGENCE OF CLEARVIEW SOCIAL OR A THIRD PARTY; OR (B) FRAUDULENT MISREPRESENTATION; OR (C) WILLFUL MISCONDUCT. THE FOREGOING LIMITATIONS ARE A FUNDAMENTAL PART OF THE BASIS OF THE BARGAIN HEREUNDER.
XIII. ARBITRATION AND GOVERNING LAW
Disputes between the User and Clearview Social in which the parties are unable to resolve their differences amicably shall be submitted and resolved by binding arbitration. Each party shall select an arbitration representative, and these representatives shall select a third arbitrator. The dispute shall be resolved by majority vote which shall be binding upon the parties. In the event the parties cannot select arbitrators or cannot agree upon procedural and administrative issues, the arbitration shall be conducted pursuant to the rules and procedures of the American Arbitration Association.
B. Forum; Choice of Law
Any proceeding to enforce this arbitration agreement or relating to this arbitration agreement shall be brought in the courts of the State of New York, County of Erie, and User irrevocably submits to the exclusive jurisdiction of each such court in any such proceeding, waives any objection it may now or hereafter have to personal jurisdiction, venue or to convenience of forum, agrees that all claims in respect of the proceeding shall be heard and determined only in any such court and agrees not to bring any Proceeding arising out of or relating to this arbitration agreement in any other court. This Agreement, and any dispute between you and Clearview Social, shall be governed by the laws of the State of New York.
XIV. INDEMNIFICATION BY USER
You hereby agree to indemnify, defend, and hold harmless, Clearview Social, its subsidiaries, affiliates, officers, agents, directors, partners, and employees, from any loss, liability, claim, or demand of any kind, including reasonable attorney’s fees, made by any third party due to or arising out of your use of the Services in violation of this Agreement and/or arising from a breach of this Agreement and/or any breach of your representations and warranties set forth in this Agreement.
XV. NO THIRD-PARTY BENEFICIARIES
You agree that, except as otherwise expressly provided in this Agreement, there shall be no third-party beneficiaries to this Agreement.
XVI. NO ASSIGNMENT
You may not assign, novate or otherwise transfer any rights or obligations under this Agreement without Clearview Social's prior written consent. Any attempted or purported assignment, delegation or other transfer by you without such consent shall be void.
You acknowledge that your breach of any of the provisions of this Agreement may cause immediate and irreparable harm to Clearview Social for which Clearview Social may not have an adequate remedy in money or damages. Clearview Social will therefore be entitled to obtain an injunction against such breach from any court of competent jurisdiction and will be entitled to recover from you the costs incurred in seeking such an injunction. Clearview Social's right to obtain injunctive relief will not limit its right to seek or obtain further remedies.
XVIII. ENTIRE AGREEMENT
This Agreement constitutes the entire agreement between Clearview Social and the User concerning the use of the Services. Any provision of this Agreement that may be prohibited or unenforceable in any jurisdiction shall, as to such jurisdiction, be ineffective to the extent of such prohibition or unenforceability, but shall not invalidate or render unenforceable such provision in any other jurisdiction. To the extent permitted by law, the parties hereby waive any provision of law that renders any provision of this Agreement prohibited or unenforceable in any respect. In addition, in the event of any such prohibition or unenforceability, the parties agree that it is their intention and agreement that any such provision which is held or determined to be prohibited or unenforceable, as written, in any jurisdiction shall nonetheless be in force and binding to the fullest extent permitted by the law of such jurisdiction as though such provision had been written in such a manner and to such an extent as to be enforceable therein under the circumstances. If any provision of this Agreement is held invalid, the remainder of this Agreement shall continue in full force and effect.
I HAVE READ THIS AGREEMENT AND HEREBY AGREE TO ALL OF THE PROVISIONS CONTAINED ABOVE.
Any Further Questions?
If there is anything else we can assist you with or to obtain a PDF copy of this policy, you can contact Clearview Social Support either by emailing firstname.lastname@example.org or through the Intercom chat button in the bottom right of the site.