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.
You agree:
(1) to comply with US law regarding the transmission of technical data
exported from the United States through the Service;
(2) 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;
(3) not to use the Service for illegal purposes;
(4) not to interfere or disrupt networks connected to the Service;
(5) to comply with all regulations, policies and procedures of 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.
4. Privacy Policy
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
(5) conform to other similar requirements. For more information see the
ClearSync Privacy Statement.
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.
11. Indemnification
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.
12. Termination
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.
13. Notices
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.
15. General
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:
ClearSync
Division of Tanner Research, Inc.
Corporate Facilities
825 South Myrtle Avenue
Monrovia, CA 91016
Toll Free: 866-366-SYNC
Phone: 866-366-7962
Email: 
Web: www.clearsync.com