This agreement describes the terms and conditions pursuant to which you may access and use the services provided on ClareitySecurity.com and SAFEMLS.com
PLEASE READ THIS AGREEMENT CAREFULLY. YOUR USE OF ClareitySecurity.com and SAFEMLS.com CONSTITUTES YOUR AGREEMENT TO BE LEGALLY BOUND BY THE TERMS AND CONDITIONS OF THIS AGREEMENT AND TO ABIDE BY THE TERMS OF THIS AGREEMENT AS IF YOU HAD SIGNED THIS AGREEMENT. IF YOU DO NOT WISH TO BE BOUND BY THE TERMS OF THIS AGREEMENT, DO NOT USE ClareitySecurity.com and SAFEMLS.com.
IN CONSIDERATION OF Clareity Security, LLC GRANTING YOU ACCESS TO ClareitySecurity.com and SAFEMLS.com, YOU AGREE TO THE FOLLOWING:
Introduction
ClareitySecurity.com and SAFEMLS.com is owned and operated by Clareity Security, LLC which has a principal place of business at 10575 N. 114th Street, Suite 113, Scottsdale, AZ 85259, USA.
Non-employees of Clareity Security, LLC are provided access only to the "public" areas of ClareitySecurity.com and SAFEMLS.com, including, without limitation, products offered by Clareity Security, LLC , Clareity Security, LLC's e-mail subscription process, industry and company news articles, Terms of Use, and Privacy Policy. Access to the public areas of ClareitySecurity.com and SAFEMLS.com is provided to enable a visitor to research and make informed decisions about becoming a customer of Clareity Security, LLC .
Your agreement to comply with the terms, conditions, and notices stated here, as modified from time-to-time, is a requirement for your access to ClareitySecurity.com and SAFEMLS.com. Clareity Security, LLC refers to these terms, conditions, and notices as "Terms of Use". Clareity Security, LLC will post amended Terms of Use prominently on our website so that you can always review what terms and conditions govern your access to ClareitySecurity.com and SAFEMLS.com. Please check the Clareity Security, LLC website at ClareitySecurity.com and SAFEMLS.com at any time for the most current version of our Terms of Use.
1. Modification of Terms of Use
Clareity Security, LLC reserves the right at its sole discretion to change, modify, add or remove any portion of this Terms of Use Agreement at any time without liability, and such changes, modifications, additions or deletions shall be effective immediately upon notice thereof, which may be given by any means including, without limitation, posting on the site. You should regularly review the Terms of Use to remain familiar with the provisions. Any use of the site by you after posting of any changes, modifications, additions or deletions shall be deemed to constitute acceptance of such changes, modifications, additions or deletions.
2. Service and Features
Clareity Security, LLC may change, suspend or discontinue any aspect of the service provided at this website at any time without notice or liability, including without limitation, the availability of any feature, database or content, hours of availability, and equipment needed for access or use of the site. You shall be responsible for obtaining and maintaining all telephone, computer hardware and other equipment needed for access to and use of the site and all charges related thereto.
3. Copyright
ClareitySecurity.com and SAFEMLS.com contains copyrighted material, trademarks and other proprietary information, which may include, without limitation, text, software, photos, video, graphics and sound, including music. All materials included on ClareitySecurity.com and SAFEMLS.com are protected by all applicable copyright and trademark laws. All rights are expressly reserved by the applicable copyright and trademark owner. You may not modify, publish, transmit, display, participate in the transfer or sale, create derivative works, or in any way exploit, any of the material, in whole or in part, except as expressly provided by this Terms of Use Agreement. Except as otherwise expressly permitted under copyright law, no copying, redistribution, retransmission, publication or commercial exploitation of downloaded material will be permitted without the express written permission of Clareity Security, LLC . In the event of any permitted copying, redistribution or publication of copyrighted material, no changes in or deletion of author attribution, trademark legend or copyright notice shall be made and no ownership rights shall be transferred. Any rights not expressly granted herein are reserved.
4. Trademarks
Clareity Security, LLC is a trademark, service mark, membership mark, and/or logo of Clareity Security, LLC . All Clareity Security, LLC trademarks, service marks, membership marks and logos appearing on ClareitySecurity.com and SAFEMLS.com are the property of Clareity Security, LLC and all rights in those trademarks, service marks, membership marks and logos are reserved.
5. Limitations on Use
You agree that you will not use ClareitySecurity.com and SAFEMLS.com, in whole or in part, for any purpose that is unlawful or prohibited by these Terms of Use.
a. Permitted Uses of Website Material. You may print or download to a single computer one copy of the website material available to you on ClareitySecurity.com and SAFEMLS.com for your own personal non-commercial use.
b. Prohibited Uses of Website Material. You agree that you will not, except as expressly permitted herein, modify, copy, distribute, transmit, display, perform, reproduce, publish, license, create derivative works from, frame in another Web page, use on any other website, transfer or sell any website material, including without limitation, software, lists of users, databases or other lists, provided through or obtained from ClareitySecurity.com and SAFEMLS.com. This means, among other activities, that you agree not to engage in the practices of "screen scraping," "database scraping," or any other activity with the purpose of obtaining lists of users or other information. You may not obtain or attempt to obtain any website material through any means not intentionally made available or provided for through ClareitySecurity.com and SAFEMLS.com.
c. Prohibited Uses of Site. You agree that you will not use ClareitySecurity.com and SAFEMLS.com in any manner which could damage, disable, overburden, or impair ClareitySecurity.com and SAFEMLS.com or interfere with any other party's use and enjoyment of ClareitySecurity.com and SAFEMLS.com. You agree that you will not use the site or any of the services for or in connection with any of the following activities:
(i) tampering, hacking, modifying, or otherwise corrupting the security or functionality of the services, interfering with or disrupting the network or other networks connected to the service, or posting, e-mailing, or otherwise transmitting any data that contains any software viruses, Trojan horses and/or any other code, files or programs intended to destroy, disrupt or otherwise impair a computer's functionality or the operation of any service;
(ii) chain letters, pyramid schemes or spamming;
(iii) posting, e-mailing, or otherwise transmitting any unlawful, harmful, harassing, defamatory, libelous, abusive, threatening, vulgar, sexually explicit, hateful, or otherwise objectionable material of any kind, or any material that is invasive of another's privacy or exploits children under 18 years of age;
(iv) spoofing or otherwise impersonating any person or entity, such as another user or any of our personnel, falsely stating or otherwise misrepresenting your identity or affiliation, or forging any TCP/IP packet header or any part of the header information in any e-mail or other posting;
(v) using the services for any fraudulent or illegal purpose, or gathering personally identifiable information without prior consent;
(vi) violating any applicable local, state, national, or international law; or
(vii) violating these Terms of Use.
6. Privacy
When using certain services that Clareity Security, LLC provides through ClareitySecurity.com and SAFEMLS.com, you may be asked to provide Personally Identifiable Information about yourself. If you choose to provide Personally Identifiable Information, you agree to provide true, accurate and complete information and to maintain such information. You agree to refrain from impersonating or falsely representing your affiliation with any person or entity. Clareity Security, LLC is committed to maintaining the privacy and security of any and all Personally Identifiable Information that you provide through ClareitySecurity.com and SAFEMLS.com.
7. Links
ClareitySecurity.com and SAFEMLS.com may contain links to other Internet sites or resources. Clareity Security, LLC is not responsible for the availability of these outside sites or their content including without limitation any link contained in such content, or any changes or updates to such content. Clareity Security, LLC has not made any independent investigation to ascertain whether or not the information contained in any such site is accurate. Provision of a link to such site does not imply an endorsement by Clareity Security, LLC of such site. Clareity Security, LLC is not a sponsor, partner, promoter or publisher of such sites or their content, and expressly disclaims any responsibility or liability for the content of those sites. You may be subject to additional and/or different terms of use and privacy policies when you use linked sites. Before using linked sites or submitting personally identifiable information to or through these third party websites you should review the governing terms of use and privacy statements.
8. DISCLAIMER
USE OF AND RELIANCE UPON ANY AND ALL INFORMATION PROVIDED BY Clareity Security, LLC THROUGH ClareitySecurity.com and SAFEMLS.com AND Clareity Security, LLC E-MAIL IS AT YOUR SOLE RISK. SUCH INFORMATION IS PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS. Clareity Security, LLC MAKES NO EXPRESS OR IMPLIED REPRESENTATIONS OR WARRANTIES THAT ACCESS TO OR USE OF ClareitySecurity.com and SAFEMLS.com WILL BE UNINTERRUPTED OR ERROR-FREE OR THAT Clareity Security, LLC WILL MEET ANY PARTICULAR CRITERIA OF PERFORMANCE OR QUALITY. Clareity Security, LLC MAKES NO EXPRESS OR IMPLIED REPRESENTATIONS, WARRANTIES, OR GUARANTEES WITH REGARD TO THE APPROPRIATENESS, ACCURACY, SUFFICIENCY, CORRECTNESS, VERACITY, VALUE, COMPLETENESS, OR TIMELINESS OF SUCH INFORMATION. Clareity Security, LLC EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO THE IMPLIED WARRANTIES OR MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT.
9. LIMITATION OF LIABILITY
Clareity Security, LLC SHALL HAVE NO LIABILITY TO YOU OR ANY OTHER USER OF SUCH INFORMATION OR TO ANY THIRD PARTY FOR ANY LOSS, EXPENSE, OR DAMAGE, INCLUDING CONSEQUENTIAL, INCIDENTAL, SPECIAL OR PUNITIVE DAMAGES AND INCLUDING LOST PROFITS OR LOST REVENUE, CAUSED DIRECTLY OR INDIRECTLY BY THE USE OR RELIANCE UPON ANY CONTENT CONTAINED WITHIN ClareitySecurity.com and SAFEMLS.com. ANY MATERIAL DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF ClareitySecurity.com and SAFEMLS.com IS DONE AT YOUR OWN DISCRETION AND RISK AND YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF ANY SUCH CONTENT. IN NO EVENT WILL Clareity Security, LLC BE LIABLE FOR ANY DAMAGES INCLUDING, WITHOUT LIMITATION, INCIDENTAL, CONSEQUENTIAL, OR INDIRECT DAMAGES FOR LOSS OF BUSINESS PROFITS, BUSINESS INTERRUPTION, LOSS OF PROGRAMS OR INFORMATION, AND THE LIKE ARISING OUT OF THE USE OR INABILITY TO USE ANY CONTENT OR SERVICES PROVIDED ON ClareitySecurity.com and SAFEMLS.com. IN NO EVENT SHALL Clareity Security, LLC 'S TOTAL LIABILITY TO YOU FOR ALL DAMAGES, LOSSES AND CAUSES OF ACTION WHETHER IN CONTRACT, TORT (INCLUDING ITS OWN NEGLIGENCE) OR UNDER ANY OTHER LEGAL THEORY (INCLUDING STRICT LIABILITY) EXCEED THE AMOUNT PAID BY YOU, IF ANY, FOR ACCESSING THIS SITE.
10. Indemnification
You agree to indemnify, defend and hold harmless Clareity Security, LLC , its officers, directors, employees, agents, vendors, contractors, and subcontractors from and against any and all claims, actions, demands, damages, costs, liabilities, losses and expenses (including reasonable attorneys' fees) arising out of your use of the site or information contained within the site or related to your violation of this Agreement.
11. General Terms
a. Governing Law and Venue. This Agreement is governed by the laws of the state of Arizona, U.S.A. You hereby consent to the exclusive jurisdiction and venue of courts sitting in Arizona in all disputes arising out of or relating to the use of ClareitySecurity.com and SAFEMLS.com.
b. No agency. You agree that no joint venture, partnership, employment, or agency relationship exists between you and Clareity Security, LLC as a result of this Agreement, or the use of ClareitySecurity.com and SAFEMLS.com.
c. Validity. If any part of this Agreement is determined to be invalid or unenforceable pursuant to applicable law including, but not limited to, the warranty disclaimers and liability limitations set forth above, then the invalid or unenforceable provision will be deemed superseded by a valid, enforceable provision that most closely matches the intent of the original provision and the remainder of the Agreement shall continue in effect.
d. Entire Agreement. Unless otherwise specified herein, this Agreement constitutes the entire agreement between you and Clareity Security, LLC regarding access to and use of ClareitySecurity.com and SAFEMLS.com and it supersedes any prior or contemporaneous agreements, communications and proposals, whether electronic, oral or written, between you and Clareity Security, LLC regarding access to and use of ClareitySecurity.com and SAFEMLS.com.
e. Agreement Admissible as Evidence. A printed version of this Agreement and of any notice given in electronic form shall be admissible in judicial or administrative proceedings based upon or relating to this Agreement to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form.