ClearSync Terms of Service
PLEASE READ THIS TERMS OF SERVICE ("TOS") AGREEMENT CAREFULLY BEFORE USING THE CLEARSYNC SERVICE. BY CREATING YOUR CLEARSYNC USER ACCOUNT AND COMPLETING THE REGISTRATION PROCESS, YOU AGREE TO BE BOUND BY THE TERMS AND CONDITIONS BELOW.
CREATION OF YOUR CLEARSYNC USER ACCOUNT AND USE OF THE CLEARSYNC SOFTWARE APPLICATIONS AND DOCUMENTATION ("THE PRODUCT"), OF THE CLEARSYNC SERVICE ("THE SERVICE"), AND OF THE CLEARSYNC WEB SITE ("THE WEB SITE") PROVIDED BY CLEARSYNC ("CLEARSYNC") CONSTITUTES YOUR ACCEPTANCE OF THESE TERMS AND CONDITIONS.
1. Acknowledgement and Acceptance of Terms of Service
ClearSync provides the ClearSync Service to you under the terms and conditions of this ClearSync Terms of Service Agreement and any other operating rules or policies that may be published by ClearSync from time to time.
ClearSync may amend the TOS at any time and in any manner; any amendment shall be effective immediately upon transmission of notice by email, conventional mail, the ClearSync News Window, or any other means. Each use by you of the Service reaffirms your agreement to be bound and to abide by the TOS as amended. The Service reserves the right to modify or discontinue the Service or institute a fee upon three (3) days notice with or without notice. The Service shall not be liable to you or any third party should the Service exercise its right to modify or discontinue the Service.
2. Description of Service
The Service provides the capability to collaborate and share information from your handheld computer and desktop computer via the Internet and the World Wide Web. You must:
(1) provide all equipment, including a handheld computer, desktop computer and modem and/or other communications equipment, necessary to establish a connection to the Internet and World Wide Web; and
(2) provide for your own access to the Internet and World Wide Web and pay any third party service fees associated with such access.
The Service is not obligated to provide any assistance to you, including technical or customer support, other than that which is specifically and explicitly designated by any ClearSync License you may purchase, and your use of the Service is at your own risk. You acknowledge that the Service may add a signature file (including a link to be used by individuals interested in using the Service's electronic scheduling capabilities) to the end of email messages sent by you.
In consideration for this Service, you agree to:
(1) provide certain current, complete, and accurate information about yourself as prompted to do so by the Service and
(2) maintain and update this information as required to keep it current, complete and accurate.
All information requested on original sign up and activation shall be referred to as registration data ("Registration Data"). Furthermore, you agree that the Service has the right to disclose to third parties any or all Registration Data about you and Service membership in the aggregate; however, such disclosures will exclude your name, mailing address, email address, account and phone number, unless:
(1) you expressly direct the Service, or any other person you may specifically designate to disclose such information through the Service as provided by the Service, or
(2) the Service is required to disclose such information by any applicable law or legal process served on the Service. If any information provided by you to the Service is found to be incomplete or inaccurate, the Service retains the right to terminate your membership and rights to use the Service.
3. Member Conduct
You are solely responsible for the contents of your transmissions through the Service. Your use of the Service is subject to all applicable local, state, national and international laws and regulations.
(1) to comply with US law regarding the transmission of technical data exported from the United States through the Service;
(2) to comply with all regulations, policies and procedures of networks connected to the Service;
(3) not to upload or distribute in any way files that contain viruses, corrupted files, or any other similar software or programs that may damage the operation of another's computer;
(4) not to use the Service for illegal purposes;
(5) not to interfere with or disrupt networks connected to the Service; and
(6) not to use the Service to collect or harvest personal information, including, without limitation, financial information about other users of the Service.
The Service makes use of the Internet to send and receive certain messages; therefore, your conduct is subject to Internet regulations, policies and procedures. You will not use the Service for chain letters, junk mail, spamming or any use of distribution lists to any person who has not given specific permission to be included in such a process. If you send spam, your Account will be terminated immediately. Further, the Service will turn over any and all information regarding the incident to any person who requests it.
You agree not to transmit through the Service any unlawful, harassing, discriminatory, libelous, abusive, threatening, harmful, vulgar, obscene or otherwise objectionable material of any kind or nature. You further agree not to transmit any material that encourages conduct that could constitute a criminal offense, give rise to civil liability or otherwise violate any applicable local, state, national or international law or regulation. Attempts to gain unauthorized access to other computer systems are prohibited. You agree not to send transmissions through the Service that attempt to hide your identity or represent yourself as someone else.
You shall not interfere with another member's use and enjoyment of the Service or another entity's use and enjoyment of similar services.
The Service may, at its sole discretion, immediately terminate your access to the Service should your conduct fail to conform to these terms and conditions of this TOS.
Since it is the Service's policy to respect your privacy, the Service will not monitor, edit, or disclose the contents of your private communications, other than the Registration Data discussed in Section 2 above, unless required to do so by law or in the good faith belief that such action is necessary to:
(1) conform to the requirements of the law or comply with legal process served on the Service;
(2) protect and defend the rights or property of the Service; or
(3) act under exigent circumstances to protect the personal safety of its members or the public.
You acknowledge and agree that the Service neither endorses the contents of your or a third party's communications nor assumes responsibility for any threatening, libelous, obscene, harassing or offensive material contained therein, any infringement of third party intellectual property rights arising wherefrom or any crime facilitated thereby.
You acknowledge and agree that certain technical processing or reformatting of data or email messages and their content may be required to:
(1) send and receive messages;
(2) perform synchronization and collaborative functions;
(3) conform to connecting networks' technical requirements;
(4) conform to the limitations of the Service; or
In addition the Service may provide encryption software in order to protect the privacy of your communications. However, the Service shall not be liable if such encryption software fails to protect the privacy of your communications. You agree that you are solely responsible for ensuring that your use of any encryption software provided to you by the Service is, at all times, in compliance with the export control laws of the United States and any other applicable jurisdiction.
5. Member Account, Password, and Security
Each and every user of the Service must have his/her own ClearSync User Account ("the Account") and associated ClearSync Account License ("the Account License"). Your ClearSync Account is partially identified by an email address that you provide. You certify that you are the rightful recipient of emails sent to this address. Once you become a member of the Service, you shall specify a Password. If you are already a registered Service user, you may log in using your ClearSync User Name and Password. You are entirely responsible if you do not maintain the confidentiality of your Password and Account. Furthermore, you are entirely responsible for any and all activities that occur under your Account. You agree to immediately notify the Service of any unauthorized use of your Account or any other breach of security known to you.
6. Copyright and Proprietary Rights
The Product, Service, and Web Site are protected by United States copyright laws and international treaty provisions. You acknowledge that no title to the intellectual property in the Product, Service, or Web Site is transferred to you. You further acknowledge that title to the Product, Service, and Web Site, and all proprietary rights embodied therein, are owned exclusively by ClearSync and that you do not acquire any rights to the Product, Service, or Web Site except as expressly set forth in this Agreement. You agree that any copies of the Product or of the Service or Web Site content that you make will contain the same proprietary notices that appear respectively on and in them.
7. Disclaimer of Warranties
YOU EXPRESSLY AGREE THAT USE OF THE SERVICE IS AT YOUR SOLE RISK. THE SERVICE IS PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS.
THE SERVICE EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO THE WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT.
THE SERVICE MAKES NO WARRANTY THAT THE SERVICE WILL MEET YOUR REQUIREMENTS, OR THAT THE SERVICE WILL BE UNINTERRUPTED, TIMELY, SECURE, VIRUS FREE, OR ERROR FREE; NOR DOES THE SERVICE MAKE ANY WARRANTY AS TO THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SERVICE OR AS TO THE ACCURACY OR RELIABILITY OF ANY INFORMATION OBTAINED THROUGH THE SERVICE OR THAT DEFECTS IN THE SOFTWARE FOR THE SERVICE WILL BE CORRECTED. IT IS SOLELY YOUR RESPONSIBILITY TO EVALUATE THE ACCURACY, COMPLETENESS AND USEFULNESS OF ALL OPINIONS, ADVICE, SERVICES AND OTHER INFORMATION RECEIVED USING THE SERVICE.
YOU UNDERSTAND AND AGREE THAT ANY MATERIAL AND/OR DATA DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE SERVICE IS DONE AT YOUR OWN DISCRETION AND RISK AND THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM(S) OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF SUCH MATERIAL AND/OR DATA.
YOU ARE RESPONSIBLE FOR CREATING, MAINTAINING, AND RESTORING ANY AND ALL BACKUP COPIES OF THE USER DATA THAT THE SOFTWARE ACCESSES THROUGH AND/OR STORES ON YOUR LOCAL COMPUTER SYSTEM(S).
THE SERVICE MAKES NO WARRANTY REGARDING ANY GOODS OR SERVICES PURCHASED OR OBTAINED THROUGH THE SERVICE OR ANY TRANSACTIONS ENTERED INTO THROUGH THE SERVICE.
NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM THE SERVICE OR THROUGH THE SERVICE SHALL CREATE ANY WARRANTY NOT EXPRESSLY MADE HEREIN.
SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES, SO SOME OF THE ABOVE EXCLUSIONS MAY NOT APPLY TO YOU.
8. Limitation of Liability
THE SERVICE SHALL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES, RESULTING FROM THE USE OR THE INABILITY TO USE THE SERVICE (WHETHER BECAUSE OF INTERRUPTION, SUSPENSION OR TERMINATION OF THE SERVICE) OR FOR COST OF PROCUREMENT OF SUBSTITUTE GOODS AND SERVICES OR RESULTING FROM ANY GOODS OR SERVICES PURCHASED OR OBTAINED OR DATA RECEIVED OR TRANSACTIONS ENTERED INTO THROUGH THE SERVICE OR RESULTING FROM UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA, OR FROM ANY BREACHES OF SECURITY RELATING TO THE SERVERS USED BY THE SERVICE, INCLUDING BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, USE, DATA OR OTHER INTANGIBLE, EVEN IF THE SERVICE HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. ANY LIABILITY FOR SERVICE, SERVER OR DATA PROBLEMS WILL BE LIMITED AND WILL NOT EXCEED THE ANNUAL SUBSCRIPTION FEE PAID.
SOME JURISDICTIONS DO NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES SO SOME OF THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU.
9. No Resale or Reverse Engineering
You agree not to translate, reverse engineer, reverse compile, disassemble or make derivative works from programming contained in the Service. You agree not to modify programming contained in the Service in any manner or form, or to use modified versions of the programming contained in the Service (without limitation) for the purpose of obtaining unauthorized access to the Service.
You agree not to access the Service by means other than through the interface that is provided by the Service for use in accessing the Service.
You agree not to sublicense or assign the license granted under this agreement, without prior written authorization from the Service. This TOS is intended to apply to the use of the Service by individuals Companies, groups and organizations wishing to use the Service should contact our corporate offices.
Content, including but not limited to text, software, music, sound, photographs, graphics, video, or other material contained in sponsor advertisements or information presented to you by the Service or its advertisers may be protected by copyrights, trademarks, or other intellectual property rights and laws. You may use this material only as expressly authorized by ClearSync or its advertisers, and may not copy, transmit, or create derivative works of such content or information without express authorization.
10. Data Storage and Other Limitations
The Service assumes no responsibility for the deletion or failure to store data or other information included by you on the Service's computer systems. The Service may publish from time to time an upper limit on the amount of memory and the number of Sharing Groups, public libraries, or individual calendar and contact resources each member may create, publish and subscribe to through the Service.
Since you are responsible for your transmissions and their consequences, you agree to indemnify and hold ClearSync, its parents, subsidiaries, affiliates, officers and employees, harmless from any claim or demand, including reasonable attorneys' fees, made by any third party due to or arising out of your use of the Service, your violation of this TOS, or your infringement, or another user of the Service using your computer or password, of any intellectual property or other right of any person or entity.
Either you or ClearSync may terminate the Service with or without cause at any time and effective immediately. ClearSync shall not be liable to you or any third party for termination of the Service.
You acknowledge and agree that any termination of service under any provision of this Agreement may be effected without prior notice, and acknowledge and agree that the Service may immediately delete and discard all information and files in your Account and bar any further access to such files of the Service.
The Service retains the right, at its sole discretion, to determine whether or not your conduct is consistent with the letter and spirit of the TOS and may terminate your access to and use of the Service if your conduct is found to be inconsistent with the TOS.
Should you object to any terms and conditions of the TOS or any subsequent modifications thereto or become dissatisfied with the Service in any way, your only recourse is to immediately discontinue use of the Service or notify the Service of termination.
Upon termination of the Service, your right to use the Service and Software immediately ceases. You shall have no right and the Service will have no obligation thereafter to forward any unread or unsent messages or data to you or any third party.
All notices to a party shall be in writing and shall be made either via email or conventional mail. The Service may broadcast notices, links to notices, or messages through the Service to inform you of changes to the TOS, the Service, or other matters of importance; such broadcasts shall constitute notice under the terms of the TOS.
14. Participation in Promotions of Advertisers
You may enter into correspondence with or participate in promotions of the advertisers showing their products on the Service. Any such correspondence or promotions, including the delivery of and the payment for goods and services, and any other terms, conditions, warranties or representations associated with such correspondence or promotions, are solely between you and the advertiser. The Service assumes no liability, obligation or responsibility for any part of any such correspondence or promotion.
This TOS comprises the entire Agreement between you and the Service and supersedes all prior Agreements between the parties regarding the subject matter contained herein.
The TOS shall be governed by and construed in accordance with the laws of the State of California, excluding its conflict of law provisions.
You and the Service agree to submit to the exclusive jurisdiction of the courts located within the Los Angeles County, California.
If any provision of the TOS is held by a court of competent jurisdiction to be contrary to law, then such provision shall be construed, as nearly as possible, to reflect the intentions of the parties with the other provisions remaining in full force and effect.
ClearSync's failure to exercise or enforce any right or provision of the TOS shall not constitute a waiver of such right or provision unless acknowledged and agreed to by the ClearSync in writing.
You and ClearSync agree that any cause of action arising out of or related to the TOS must commence within one (1) year after the cause of action arose; otherwise, such cause of action is permanently barred.
The section titles in the TOS are solely used for the convenience of the parties and have no legal or contractual significance.
16. Contacting ClearSync
Should you have any questions concerning the TOS, or if you desire to communicate with ClearSync for any reason, please contact:
Division of Tanner Research, Inc.
825 South Myrtle Avenue
Monrovia, CA 91016
Phone: (626) 775-5062
ClearSync Legal Information
Disclaimer and Limitation of Liability
ClearSync assumes no responsibility for any damage or loss resulting from the use the ClearSync software, ClearSync web site, or ClearSync documentation. ClearSync assumes no responsibility for any loss or claims by third parties which may arise through the use of the ClearSync software or the ClearSync web site. Be sure to make regular backup copies onto other media of all important data to protect against data loss.
Trademark and Copyright Notices
ClearSync.com and ClearSync logos are trademarks of ClearSync, Division of Tanner Research, Inc.
Java and all Java based trademarks and logos are trademarks or registered trademarks of Sun Microsystems, Inc. in the United States and other countries. Microsoft, Internet Explorer, Outlook, Windows are trademarks of Microsoft, Inc. Adobe and Acrobat Reader are trademarks of Adobe Systems, Inc. Palm, Pixi, Pre, Synergy, Touchstone, and webOS are trademarks of Palm, Inc., a subsidiary of Hewlett-Packard Company. Android is a trademark of Google Inc. Use of this trademark is subject to Google Permissions. Other product names used or mentioned herein are or may be the trademarks of their respective owners.