This website terms of use agreement (this “Agreement”)is a legal contract between you (“you”and “your”) and Clarity Movement Co. (“Clarity,” “we,” “us,” or “our”) and governs your access to, and use of, Clarity’s public-facing website located at www.clarity.io, its public facing subdomains, and any other Clarity websites that include an authorized link to this Privacy Notice (collectively, the “Site”), Clarity’s free platform designed to promote transparency and accessibility of air quality data, as made available by Clarity on the Site(“OpenMap”), Clarity’s SMS Alerts (as defined below) services, andContent (as defined below in Section 3) (collectively, the “Services”).
For the avoidance of doubt, this Agreement do not apply to any services and/or products provided by Clarity, other than OpenMap and the SMS Alerts services, unless the use of such services and/or products are expressly subject to thisAgreement (for example, through an authorized link at the time you obtain such services). The use of any Clarity services and/or products, excluding OpenMap and the SMS Alerts services, shall be subject to the applicable customer agreement entered into between you and Clarity for the applicable service(s) and/or product(s).
PLEASE BE ADVISED THAT CLARITY DOES NOT PROVIDE WARRANTIES FOR THE SERVICES AND THIS AGREEMENT LIMITS OUR LIABILITY TO YOU. PLEASE SEE SECTIONS 9 AND 10 FOR FURTHER INFORMATION.
BY ACCESSING AND/OR USING THE SERVICES, YOU ACKNOWLEDGE THAT YOU HAVE READ, UNDERSTAND, AND AGREE TO BE BOUND BY THIS AGREEMENT. IF YOU DO NOT AGREE WITH ANY TERMS OF THIS AGREEMENT, DO NOT ACCESS OR OTHERWISE USE THE SERVICES.
CLARITY MAY MAKE CHANGES TO, AND/OR DISCONTINUE OR SUSPEND, THE SERVICES AT ANY TIME WITHOUT NOTICE. YOU AGREE THAT CLARITY WILL NOT BE LIABLE TO YOU OR TO ANY THIRD PARTY FOR ANY CHANGES, SUSPENSION OR DISCONTINUANCE OF THE SERVICES (OR ANY PART THEREOF).
CLARITY RESERVES THE RIGHT TO CHANGE OR MODIFY THIS AGREEMENT AT ANY TIME. IF CLARITY MAKES ANY SUCH CHANGES, CLARITY WILL POST THE UPDATED AGREEMENT ON THE SITE. IF WE MAKE ANY MATERIAL CHANGES TO THIS AGREEMENT, WE WILL NOTIFY YOU BY POSTING A NOTICE OF THE CHANGES ON THE SITE. IT IS YOUR RESPONSIBILITY TO REGULARLY VISIT AND REVIEW THIS AGREEMENT. IF ANY MODIFICATION IS UNACCEPTABLE TO YOU, YOUR SOLE REMEDY SHALL BE TO CEASE USING THE SERVICES. IF YOU DO NOT CEASE USING THE SERVICES FOLLOWING THE DATE WE POST THE UPDATED AGREEMENT, YOU WILL BE DEEMED TO HAVE ACCEPTED THE CHANGE.
For information about Clarity’s data protection practices, please read Clarity’s Privacy Policy available at https://www.clarity.io/privacy-consent-pages/privacy-policy.
If you provide us any personally identifiable information, you acknowledge, agree, and consent to the processing and use of such personally identifiable information by Clarity in accordance as set forth in our Privacy Policy, or as required by law.
Subject to your compliance with this Agreement, Clarity grants you a limited, revocable, nonexclusive right to access and use the Services solely for your own personal non-commercial use.
Clarity and its licensors retain all right, titleand interest in and to the Site and OpenMap data, including, without limitation, any and all text, graphics, images, data, music, software, audio, video, works of authorship of any kind, and information or other materials that are posted, generated, provided or otherwise made available through the Site andOpenMap (collectively, the “Content”). AllClarity trademarks are strictly owned by Clarity, and nothing in this Agreement will be construed to transfer ownership rights or grant any permission, license, or other rights to any Clarity trademark without written authorization from Clarity. The names of actual companies and products mentioned within the Services may be the trademarks of their respective owners. Clarity reserves all rights and licenses not expressly granted to you in thisAgreement and no implied license is granted by Clarity. The Services, and their underlying technology, are protected by copyright, trademark, patent, intellectual property, and other laws of the United States and foreign countries. You agree not to remove, change, or obscure any copyright, trademark, service mark or other proprietary rights notices incorporated in or accompanying the Services.
If you sign up to receive SMS alerts through OpenMap when pollutant thresholds are exceeded (“SMS Alerts”), you agree to receive informational messages about measured air quality in your area from Clarity. Message frequency varies depending on air quality conditions. Message and data rates may apply. For help, reply HELP or email us at contact@clarity.io. You can opt out at any time by replying STOP.
By providing Clarity with an email address (e.g., by submitting a contact form or sending us an email), you consent to receiving electronic communications from Clarity, including communications sent via email or notifications posted on our Site. These electronic communications may include information about Clarity’s products or services, Clarity newsletters, events or webinars hosted by Clarity, and other marketing and promotional communications. To stop receiving, or opt-out of, promotional email communications from Clarity click on the “unsubscribe” link or follow the relevant opt-out instructions within the marketing communication. You agree that any notices, agreements, disclosures, or other communications that we send you electronically will satisfy any legal communication requirements, including that such communications be in writing.
As a condition of your use of the Services, you warrant to Clarity that you will not use the Services for any purpose that is unlawful or prohibited by this Agreement. Specifically, you are not allowed to (directly or indirectly): (i) resell or otherwise make commercial use of the Services; (ii) collect or use any images, descriptions, or other content included in the Services, or any portion thereof; (iii) copy, imitate, distribute, publicly perform, or publicly display the Services; (iv) modify or otherwise make any derivative uses of the Services, or any portion thereof; (v) use data mining, robots or similar data gathering or extraction methods on the Site or OpenMap; (vi) perform, or release or disclose the results of, any benchmark testing or vulnerability assessments of the Site or OpenMap; (vii) introduce into the Site or OpenMap any viruses, trojan horses, malware, spyware, adware or other disruptive software, or any software code, which is designed to disrupt, damage, or perform unauthorized actions on a computer system; (viii) remove or alter any proprietary notices or labels on or in the Services; (ix) use the Services to directly or indirectly develop any product or service that competes with the Site or OpenMap; (x) download (other than page caching) any portion of the Site, OpenMap, and/or Content or any information contained therein, except as expressly permitted on the Site or OpenMap; or (xi) use the Services other than as expressly permitted in this Agreement.
You may not use the Services in any manner that would violate any applicable laws, rules or regulations, or, which could damage, disable, overburden, or impair the Site or OpenMap or interfere with any other party's use and enjoyment of the Services. You may not obtain or attempt to obtain any materials or information through any means not intentionally made available or provided for through the Site or OpenMap, including, but not limited to, data mining, robots, or similar data gathering and extraction tools.
Clarity shall be entitled to unrestricted use of any and all comments, suggestions, ideas, notes, drawings, concepts, problems or other information with respect to the Services disclosed or offered by you to us (collectively, “Feedback”). We may use the Feedback for any and all purposes whatsoever, commercial or otherwise, without any payment or other obligation to you or any other person involved with the creation of the Feedback.
Clarity reserves the right, in its sole discretion, to terminate and/or suspend your access to the Services or any portion thereof at any time, for any reason, without notice.
The Site and/or OpenMap may contain links to other third party websites which are not controlled or owned by Clarity (“Linked Websites”). If you decide to access and use such Linked Websites, be advised that your use is governed solely by the terms and conditions of such Linked Websites, and Clarity does not endorse, is not responsible for, and makes no representations as to such Linked Websites, their content or the manner in which they handle your data. Clarity is not liable for any damage or loss caused or alleged to be caused by or in connection with your access or use of any such Linked Websites, or your reliance on the privacy practices or other policies of such Linked Websites.
Clarity makes no claims regarding the availability or right to access or use of the Services outside of the United States. Clarity may restrict access to the Services, or portions thereof, in certain countries in its sole discretion, and the Services may not be available or accessible in all languages. If you use or access the Services outside of the United States, you are responsible for compliance with the laws and regulations of your jurisdiction with respect to your use of the Services in your country of residence.
THE SERVICES (AND ALL PARTS THEREOF), AND ANY OTHER MATERIALS OR INFORMATION MADE AVAILABLE THROUGH THE SITE AND/OR OPENMAP, ARE PROVIDED "AS IS" AND "AS AVAILABLE". CLARITY AND ITS LICENSORS, SERVICE PROVIDERS, AND SUPPLIERS HEREBY EXPRESSLY DISCLAIM ANY REPRESENTATIONS, WARRANTIES OR GUARANTEES OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING WARRANTIES OF MERCHANTABILITY, QUALITY, TITLE, FITNESS FOR ANY PARTICULAR PURPOSE, SATISFACTORY PURPOSE, ACCURACY, OR NON-INFRINGEMENT.
CLARITY AND ITS LICENSORS, SERVICE PROVIDERS, AND SUPPLIERS DO NOT WARRANT OR MAKE ANY GUARANTEE THAT THE SERVICES (OR ANY PART THEREOF), OR ANY OTHER MATERIALS OR INFORMATION MADE AVAILABLE THROUGH THE SITE AND/OR OPENMAP: (I) WILL MEET YOUR REQUIREMENTS; (II) WILL BE COMPATIBLE WITH YOUR HOME NETWORK, COMPUTER OR MOBILE DEVICE, OR ANY THIRD PARTY WEBSITES; (III) WILL BE AVAILABLE ON AN UNINTERRUPTED, TIMELY, SECURE OR ERROR-FREE BASIS; OR (IV) WILL BE ACCURATE OR RELIABLE. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM CLARITY OR ANY THIRD PARTY, SHALL CREATE ANY WARRANTY.
CLARITY DOES NOT WARRANT, ENDORSE, GUARANTEE OR ASSUME RESPONSIBILITY FOR ANY LINKED WEBSITES ACCESSIBLE THROUGH THE SITE AND/OR OPENMAP, AND CLARITY WILL NOT BE A PARTY TO, OR IN ANY WAY MONITOR, ANY TRANSACTION BETWEEN YOU AND THE THIRD-PARTY OPERATORS OF SUCH LINKED WEBSITES.
IF YOU ARE DISSATISFIED WITH ANY PORTION OF THE SERVICES, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USING THE SERVICES.
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL CLARITY BE LIABLE FOR ANY INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, CONSEQUENTIAL DAMAGES OR ANY DAMAGES WHATSOEVER, OR FOR ANY DAMAGES FOR LOSS OF USE, DATA, OR PROFITS, ARISING OUT OF OR IN ANY WAY CONNECTED WITH THE USE OR PERFORMANCE OF THE SERVICES, WITH THE DELAY OR INABILITY TO USE THE SERVICES, OR FOR ANY INFORMATION OBTAINED THROUGH THE SERVICES, OR OTHERWISE ARISING OUT OF THE USE OF THE SERVICES, WHETHER BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY OR OTHERWISE, EVEN IF CLARITY HAS BEEN ADVISED OF THE POSSIBILITY OF DAMAGES. IN NO EVENT SHALL CLARITY’S TOTAL CUMULATIVE LIABILITY ARISING FROM OR RELATED TO THIS AGREEMENT OR THE ACCESS, USE OF, OR INABILITY TO ACCESS OR USE THE SERVICES (OR ANY PART THEREOF), AND/OR ANY OTHER MATERIALS OR INFORMATION MADE AVAILABLE THROUGH THE SERVICES, EXCEED ONE HUNDRED DOLLARS ($100.00). CLARITY DISCLAIMS ALL LIABILITY OF ANY KIND OF CLARITY’S LICENSORS, SERVICE PROVIDERS, AND SUPPLIERS.
BECAUSE SOME STATES/JURISDICTIONS DO NOT ALLOW THE DISCLAIMERS OF CERTAIN WARRANTIES AND/OR THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL, SPECIAL, INCIDENTAL OR OTHER DAMAGES, THE ABOVE DISCLAIMERS AND LIMITATIONS SET FORTH IN SECTIONS 9 AND 10 MAY NOT APPLY TO YOU. IN SUCH EVENT, THE LIABILITY OF CLARITY AND ITS LICENSORS, SERVICE PROVIDERS, AND SUPPLIERS FOR SUCH DAMAGES WILL BE LIMITED TO THE GREATEST EXTENT PERMITTED BY APPLICABLE LAW IN SUCH JURISDICTION.
You agree that you are solely responsible for (and that Clarity has no responsibility to you or to any third party for) any breach of your obligations under this Agreement and for the consequences (including any loss or damage which Clarity may suffer) of any such breach. Except as prohibited by law, you will hold Clarity and its officers, directors, employees and agents harmless for any indirect, punitive, special, incidental or consequential damage, however it arises (including attorneys’ fees and all related costs and expenses of litigation and arbitration, or at trial or on appeal, if any, whether or not litigation or arbitration is instituted), whether in an action of contract, negligence or other tortious action, or arising out of or in connection with this Agreement, including without limitation any claim for personal injury or property damage, arising from (i) your use of and access to the Services; and (ii) your violation of any part of this Agreement. We reserve the right to assume control of the defense of any third-party claim that is subject to indemnification by you, in which event you will cooperate with us in asserting any available defenses. This defense and indemnification obligation will survive this Agreement and your use of the Services.
This Agreement shall be governed by, construed and enforced in accordance with, the laws of the State of California, without reference to its choice of law rules to the contrary. Each party hereby irrevocably consents to the exclusive jurisdiction and venue of the federal, state, and local courts in San Francisco, California, in connection with any action arising out of or in connection with this Agreement. Notwithstanding anything to the contrary herein, Clarity may seek injunctive or other appropriate relief in any court with competent jurisdiction in any country, in the event of any actual or alleged violation of Clarity’s intellectual and proprietary rights.
This Agreement constitutes the entire agreement between you and Clarity, and supersedes all prior oral or written agreements or communications with regard to the subject matter described herein. Neither the rights nor the obligations arising under this Agreement are assignable by you, and any such attempted assignment or transfer shall be void and without effect. The official text of this Agreement (and any notice submitted hereunder) will be in English. The parties acknowledge that they require that this Agreement be drawn up in the English language only. In the event of any dispute concerning the construction or meaning of this Agreement, reference will be made only to this Agreement as written in English and not to any translation into another language.
You agree that if Clarity does not exercise or enforce any legal right or remedy which is contained in this Agreement (or which Clarity has the benefit of under any applicable law), this will not be taken to be a formal waiver of Clarity’s rights and that those rights or remedies will still be available to Clarity. No waiver by either party of any breach of any provision hereof shall be deemed a waiver of any subsequent or prior breach of the same or any other provision.
If any court of law, having the jurisdiction to decide on this matter, rules that any provision of this Agreement is invalid, then that provision will be removed from this Agreement without affecting the rest of the Agreement, which will remain in full force and effect.
If you have any questions regarding this Agreement, please send an email to contact@clarity.io.
If you have any questions about these Website Terms ofUse, please contact us as follows:
· By phone at +1 (707) 410-0941
· By email at contact@clarity.io.
· Via our online form at https://www.clarity.io/contact-us