Terms and Conditions of Use
Last Modified: 4/17/18
This Website and the Services is offered and available to users who reside in the United States or any of its territories or possessions. By using this Website or Services you represent and warrant that you are of legal age to form a binding contract with the Company and meet all of the foregoing eligibility requirements. If you do not meet all of these requirements, you must not access or use the Website or Services.
We reserve the right to withdraw or amend this Website and/or our Services in our sole discretion without notice. We will not be liable if for any reason all or any part of the Website is unavailable at any time or for any period. From time to time, we may restrict access to some parts of the Website, or the entire Website, to users, including registered users.
You are responsible for:
All user names, passwords or other pieces of information provided to you are confidential, and must not be disclosed to any other person or entity. You agree to notify us immediately of any unauthorized access to or use of your user name or password or any other breach of security. You should use particular caution when accessing your account from a public or shared computer so that others are not able to view or record your password or other personal information.
You agree to be bound by our payment terms, as detailed when you sign up to the applicable Service. The price charged for the Services will be the price in effect at the time the Services are provided. We will provide our registered users with 30 days’ prior notice in the event of a price increase. All prices posted on this Website are subject to change at our sole discretion.
Paid services are available on the Website. By selecting a paid service, you agree to pay the Company the monthly subscription fee or other fee indicated for that service when due. Payments will be charged on the day you sign up for a paid service and will be billed on a recurring monthly basis as indicated. After the initial charge, you will receive an invoice no later than forty-eight (48) hours before being billed and will receive a receipt no later than forty-eight (48) hours after payment.
The Company may facilitate a user’s receipt of payment by authorized credit and debit card transactions or other forms of payment from another user (“Third-Party Payments”). Third-Party Payments are only available to users who are at least 18 years old who register and are approved for payment services by the Company. Users may only use Third-Party Payments services for Company facilitated services. The Company may engage third-party service providers to perform many or all of the services related to Third-Party Payments. By using a third-party service, you may also be subject to an agreement with the third-party and shall be subject to, and be solely responsible for paying, any fees charged by such third-party service. If the Company receives notice that your activity violates a third-party’s service agreement, the Company in its sole discretion may take action against your account to comply with their policies. Third-Party Payments functionality may be made available, modified or discontinued by the Company at any time without notice. In no event shall the Company be liable for any actions by a third-party service provider in connection with Third-Party Payments or otherwise.
As a security measure, the Company may impose limits relating to the valuation of any transaction or limits relating to the cumulative value of all transactions. The Company may also impose limits related to the number of transactions per day or other period of time. The Company will not be liable to you if (a) the Company does not proceed with a transaction that would exceed any limit established by the Company or (b) if the Company permits a user or third-party to withdraw or cancel a transaction.
The Company may refuse service of Third-Party Payments to anyone, for any reason, at any time.
Users agree to resolve any disputes directly with the other user or party or a third-party service provider, as the case may be. In the event that a dispute is escalated to the Company, the Company reserves the right to issue a refund to a user in its sole discretion.
Any charges facilitated by the Third-Party Payments services must first be confirmed by the charging user by confirmation to the Company through the Company’s confirmation policies. The user being charged will be notified of such charge by the Company through SMS messaging and will be promptly emailed an itemized receipt.
The Website, the Services and their entire contents, features and functionality are owned by the Company or its licensors or other providers and are protected by United States and international copyright, trademark, patent, trade secret, and other intellectual property or proprietary rights laws.
The Company name, the Company logo, and all related names, logos, product, and service names, designs and slogans are trademarks of the Company or its affiliates or licensors. You must not use such marks without the prior written permission of the Company. All other names, logos, product and service names, designs, and slogans on this Website or the Services are the trademarks of their respective owners.
The Website and Services may contain message boards, personal web pages or profiles, forums, bulletin boards, and other publicly available interactive features (collectively, “Interactive Services”) that allow users to post, submit, publish, display or transmit to other users or other persons (hereinafter, “post”) user generated content or materials (collectively, “User Contributions”) on or through the Website or Services.
Any User Contribution you post to the Website or Services will be considered non-confidential and non-proprietary. By providing any User Contribution on the Website or Services, you grant us and our licensees, successors, and assigns the right to use, reproduce, modify, perform, display, distribute, and otherwise disclose to third parties any such material for any purpose. For the avoidance of doubt, User Contributions do not include any reports, lesson plans or other information related to End Users which may be stored by, or on behalf of, Customers via the Services (“Customer Reports”).
You represent and warrant that:
We are not responsible, or liable to any third party, for the content or accuracy of any Customer Materials posted by you or any other user of the Website.
We have the right to:
Without limiting the foregoing, we have the right to fully cooperate with any law enforcement authorities or court order requesting or directing us to disclose the identity or other information of anyone posting any materials on or through the Website and Services. YOU WAIVE AND HOLD HARMLESS THE COMPANY AND ITS AFFILIATES, LICENSEES AND SERVICE PROVIDERS FROM ANY CLAIMS RESULTING FROM ANY ACTION TAKEN BY THE COMPANY/ANY OF THE FOREGOING PARTIES DURING OR AS A RESULT OF ITS INVESTIGATIONS AND FROM ANY ACTIONS TAKEN AS A CONSEQUENCE OF INVESTIGATIONS BY EITHER SUCH PARTIES OR LAW ENFORCEMENT AUTHORITIES.
However, we do not undertake to review material before it is posted on the Website or Services and cannot ensure prompt removal of objectionable material after it has been posted. Accordingly, we assume no liability for any action or inaction regarding transmissions, communications, or content provided by any user or third party. We have no liability or responsibility to anyone for performance or nonperformance of the activities described in this section.
These content standards apply to any and all Customer Materials and use of Interactive Services. Customer Materials must in their entirety comply with all applicable federal, state, local, and international laws and regulations. Without limiting the foregoing, Customer Materials must not:
If you believe that any Customer Materials violate your copyright, please contact us pursuant to Section 20.
THE SERVICES (INCLUDING, WITHOUT LIMITATION, THE WEBSITE, THE SERVICES AND ANY SOFTWARE) ARE PROVIDED ON AN "AS IS" BASIS, WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR NON-INFRINGEMENT. THE COMPANY MAKES NO WARRANTY THAT (I) THE SERVICES ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS OR (II) THE RESULTS OF USING THE SERVICES WILL MEET USER'S REQUIREMENTS. USER'S USE OF THE SERVICES IS SOLELY AT USER'S OWN RISK.
THE COMPANY HEREBY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, STATUTORY OR OTHERWISE, INCLUDING BUT NOT LIMITED TO ANY WARRANTIES OF MERCHANTABILITY, NON-INFRINGEMENT, AND FITNESS FOR PARTICULAR PURPOSE.
THE FOREGOING DOES NOT AFFECT ANY WARRANTIES WHICH CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.
IN NO EVENT WILL THE COMPANY, ITS AFFILIATES, OR THEIR LICENSORS, SERVICE PROVIDERS, EMPLOYEES, AGENTS, OFFICERS OR DIRECTORS BE LIABLE FOR DAMAGES OF ANY KIND, UNDER ANY LEGAL THEORY, ARISING OUT OF OR IN CONNECTION WITH YOUR USE, OR INABILITY TO USE, THE SERVICES, WEBSITE, ANY WEBSITES LINKED TO IT, ANY CONTENT ON THE WEBSITE, SERVICES OR SUCH OTHER WEBSITES OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE WEBSITE, SERVICES OR SUCH OTHER WEBSITES, INCLUDING ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, INCLUDING BUT NOT LIMITED TO, PERSONAL INJURY, PAIN AND SUFFERING, EMOTIONAL DISTRESS, LOSS OF REVENUE, LOSS OF PROFITS, LOSS OF BUSINESS OR ANTICIPATED SAVINGS, LOSS OF USE, LOSS OF GOODWILL, LOSS OF DATA, AND WHETHER CAUSED BY TORT (INCLUDING NEGLIGENCE), BREACH OF CONTRACT OR OTHERWISE, EVEN IF FORESEEABLE.
THE FOREGOING DOES NOT AFFECT ANY LIABILITY WHICH CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.
The materials appearing on the Website and Services could include technical, typographical, or photographic errors. The Company does not warrant that any of the materials on the Website and Services are accurate, complete, or current. Any reliance you place on such materials is strictly at your own risk. The Company may make changes to the materials contained on the Website and Services at any time without notice. The Company does not, however, make any commitment to update the materials.
This website is operated by Clark, Inc., 29 West 17th Street, 6th Floor New York, NY 10011.
All other feedback, comments, requests for technical support and other communications relating to the Website should be directed to: firstname.lastname@example.org.
When you visit the Website or send e-mails to Company, you are communicating with us electronically. You hereby consent to receive communications from us electronically. We will communicate with you by e-mail or by posting notices on the Website. You agree that all agreements, notices, disclosures and other communications that we provide to you electronically satisfy any legal requirements that such communications be in writing.