Terms and Conditions
Last updated: September 13, 2021
Interpretation and Definitions
Capitalized words have meanings defined in these conditions, with the same meanings in singular and plural.
Key Definitions
- Application: ClarityNOW software program
- Company: ClarityNOW Management, LLC, 2 W Main St. Victor, NY 14564
- Device: Computer, cellphone, or digital tablet accessing the Service
- Service: The Application
- You/User: Individual or legal entity accessing the Service
- Country: New York, United States
Acknowledgment
Users must accept and comply with these Terms to access the Service. The agreement applies to all visitors and users. By accessing the Service, you agree to be bound by these Terms. Users under 18 are not permitted. Users must also accept the Privacy Policy.
Subscriptions
Subscription Period
Services are available via paid subscription with automatic renewal at period end unless cancelled.
Cancellations
Users may cancel through Account settings or by contacting the Company. No refunds for already-paid periods; access continues until period end.
Billing
Users must provide accurate billing information. Automatic billing failures trigger manual payment invoices with specified deadlines.
Fee Changes
The Company, in its sole discretion and at any time, may modify the Subscription fees. Changes take effect at period end with reasonable prior notice.
Refunds
Paid Subscription fees are non-refundable except as required by law or granted case-by-case at Company discretion.
Promotions
Promotions follow separate rules. Promotion rules prevail if conflicting with these Terms.
User Accounts
Account information must be accurate and current. Users are responsible for password security and cannot share passwords. Users must report security breaches immediately. Usernames cannot infringe others' rights or be offensive.
Intellectual Property
The Company retains exclusive property rights in the Service, content, features, and functionality. The Service is protected by copyright and trademark laws. Trademarks require prior written consent for use.
Third Party Services
Disputes involving third-party integrations are solely between user and Company. Third-party owners are not beneficiaries of these Terms.
Your Feedback to Us
Users assign all rights, title, and interest in provided Feedback to the Company, granting perpetual, irrevocable, worldwide license to use, reproduce, and exploit Feedback.
Links to Other Websites
The Company has no control over third-party websites and assumes no responsibility for their content, privacy policies, or practices. Users should review third-party terms independently.
Termination
The Company may terminate accounts immediately without notice for any reason, including breach. Termination ceases Service access immediately.
Limitation of Liability
Liability is limited to the amount paid through Service or $100 USD if nothing purchased. The Company or its suppliers shall not be liable for any special, incidental, indirect, or consequential damages.
"AS IS" and "AS AVAILABLE" Disclaimer
The Service is provided "AS IS" with all faults without warranty. The Company disclaims all warranties, express or implied, regarding Service operation, availability, accuracy, reliability, or freedom from viruses and malware.
Governing Law
The laws of the Country govern these Terms and Service use, excluding conflict of law rules.
Disputes Resolution
Users must attempt informal resolution by contacting the Company first.
For European Union Users
EU consumers benefit from mandatory provisions of their resident country's law.
United States Federal Government End Use Provisions
The Service qualifies as a "Commercial Item" under 48 C.F.R. §2.101.
United States Legal Compliance
Users represent they are not in embargoed countries, designated terrorist-supporting countries, or on prohibited/restricted party lists.
Severability and Waiver
Unenforceable provisions are reformed to maximum extent possible; remaining provisions continue. Failure to exercise rights doesn't waive future enforcement.
Translation Interpretation
Original English text prevails in disputes over translations.
Changes to These Terms and Conditions
The Company reserves the right to modify Terms at sole discretion. Material changes receive at least 30 days' notice. Continued use constitutes acceptance of revised terms.
Contact Us
Questions about these Terms may be directed to: support@claritynowre.com
