Terms of Use

Acceptance of Terms

Clear Expressions Inc. (“Clear Expressions”) makes this website (the “Site”), including all information, documents, content, materials, software and services (the “Materials”) available on the Site, available to you for your personal, non-commercial use subject to the terms and conditions set forth in this legal agreement (“Terms of Use”). By accessing, browsing and/or using the Site, you acknowledge that you have read, understand and agree to be bound by the Terms of Use and to comply with all applicable laws and regulations, including all applicable export and re-export control laws and regulations. Clear Expressions reserves the right to change the Terms of Use from time to time at its sole discretion. Your use of the Site will be subject to the most current version of the Terms of Use posted on the Site. You are responsible for periodically visiting these Terms of Use from time to time to review the then-current Terms of Use. If you do not agree to the Terms of Use, do not use the Site.

Access to the Site

Clear Expressions may alter, suspend, or discontinue this Site or any of the Materials at any time and for any reason, without prior notice to you. The Site may become unavailable due to maintenance or malfunction of computer equipment or other reasons. If you do not abide by the provisions of the Terms of Use, Clear Expressions may immediately deactivate or delete your user account and/or bar any further access to the Materials, and/or the Site. Clear Expressions shall not be liable to you or any third party for any termination or cancellation of your access to, or use of, the Site.

Use of Site Information

You are permitted to view, copy, download and print Materials from the Site, provided that:

• You use the Materials for informational, personal, and non-commercial purposes only; and
• You do not modify or alter the Materials in any way; you do not copy or distribute graphics from the Site separate from their text; you do not quote the Materials out of context; and you display the copyright and trademark notice(s) listed at the bottom of the Terms of Use on all documents or portions of documents and retain any other copyright and other proprietary notices on every copy of Materials from the Site that you make.

Clear Expressions reserves the right to revoke the authorization to view, copy, download and print the Materials at any time and any such use shall be discontinued immediately upon written notice from Clear Expressions. The rights specified above to view, copy, download and print the Materials are not applicable to the design or layout of the Site. Elements of the Site are protected by trade dress and other laws and may not be copied or imitated in whole or in part.

For permission to use third-party materials appearing on the Site, please contact the owner of such materials.

Content Provided to Clear Expressions or Posted at Any Clear Expressions Website

Clear Expressions does not claim ownership of the content, information, or materials that you provide to Clear Expressions (including feedback and suggestions) or post, upload, input or submit to the Site or its associated services for review by the general public, or by the members of any public or private community, (each a “Submission” and collectively “Submissions”). However, by posting, uploading, inputting, providing or submitting (“Posting”) your Submission you are granting Clear Expressions, its affiliated companies and necessary sublicensees permission to use your Submission, including, without limitation, the license rights to: copy, distribute, transmit, publicly display, publicly perform, reproduce, edit, translate and reformat your Submission; to publish your name in connection with your Submission; and the right to sublicense such rights.

No compensation will be paid with respect to the use of your Submission, as provided herein. Clear Expressions is under no obligation to post or use any Submission you may provide, and Clear Expressions may remove any Submission at any time in its sole discretion.

By Posting a Submission you warrant and represent that you own or otherwise control all of the rights to your Submission as described in these Terms of Use including, without limitation, all the rights necessary for you to provide, post, upload, input or submit the Submissions.

Upon reasonable request by Clear Expressions, you will provide information related to any claim that your Submission infringes any third-party rights.

No Additional Rights

You acknowledge and agree that except for the rights expressly granted above, all other right, title and interest in and to the Site, Software and Services, including any and all patent, trademark, copyright, trade secret, intellectual and industrial property rights, remain the sole and exclusive property of Clear Expressions, its suppliers and/or its licensors. Except as specifically set out in the Terms of Use, you are not authorized to use Clear Expressions’ name or any of its trademarks or those of its suppliers and/or its licensors in any manner whatsoever, absent prior written approval from Clear Expressions.

Disclaimer of Warranties

Except as expressly provided in an end-user license agreement accompanying Software downloaded from the Site or otherwise in a written agreement between you and Clear Expressions, all Materials on the Site are provided on an “as is” basis, without any other representations, warranties or conditions, express or implied, written or oral, including, but not limited to, warranties of merchantable quality, satisfactory quality, merchantability or fitness for a particular purpose, or those arising by law, statute, usage of trade, course of dealing or otherwise. You assume the entire risk as to the use of the Services of the downloading or other acquisition of any information, content, or Materials through the Site, and you agree that you will be solely responsible for any damage to your computer system or loss of data that results from such activities.

Without limiting the foregoing, Clear Expressions makes no warranty that:

• The Site will meet your requirements;
• Your use of the Site will be uninterrupted, timely, secure, or error-free;
• The results you may obtain from using the Site will be effective, accurate, or reliable;
• The quality of any Products, Services or Information purchased or obtained by you from the Site will meet your expectations;
• Any errors in Software obtained from the Site will be corrected; and

The Site or the servers that make it available are free of viruses or other harmful components.

Limitations on Liability

Clear Expressions may make changes to the Materials, including without limitation, the prices and descriptions of any listed products or services at any time, without notice. The Materials on this Site may be out of date and Clear Expressions makes no commitment to update such Materials.

The Site could include technical or other mistakes, inaccuracies, or typographical errors. Clear Expressions assumes no responsibility for errors or omissions in the Materials and/or other Services, which are included on, referenced by, or linked to this Site. References to other sites, services and products are provided “as is” without warranty of any kind, either express or implied.

In no event shall Clear Expressions, its suppliers or licensors have any liability to you or any other person or entity for any indirect, incidental, special or consequential damages whatsoever, including, but not limited to, loss of revenue or profit, lost or damaged data or other commercial or economic loss, even if Clear Expressions has been advised of the possibility of such damages or they are foreseeable. Clear Expressions is not responsible for claims by a third party. In no event shall Clear Expressions’ (or its suppliers’ or licensors’) maximum aggregate liability to you for damages, losses and/or causes of action, whether in contract, tort (including, but not limited to, negligence), or otherwise exceeding $1 CAD. The limitations in this section shall apply whether or not the alleged breach or default is a breach of fundamental condition or term or a fundamental breach. Some provinces/countries do not allow the exclusion or limitation of liability for consequential or incidental damages, so the above limitation may not apply to you.

Indemnification

By using this Site, you agree to indemnify, defend and hold harmless Clear Expressions and its affiliates, partners, third-party content providers and licensors and each of their respective directors, officers, employees and agents from and against any and all claims, actions, suits, proceedings, judgments, damages, losses, liabilities, costs and expenses (including, without limitation, reasonable attorneys’ fees and related reasonable costs) arising directly or indirectly out of or in connection with your breach of these Terms of Use, any content uploaded, posted or transmitted by you on or through the Site, and/or your activities in connection with the Site.

Links to Third-Party Sites

This Site contains links to other sites on the Internet that are not within Clear Expressions’ control and are owned and operated by Clear Expressions’ partners, customers and other third parties (the “External Sites”). Clear Expressions will not review and makes no representations whatsoever about any External Sites to which you may have access through the Site. When you leave this Site and access an External Site, you do so entirely at your own risk and Clear Expressions is not responsible for the accuracy or reliability of any information, data, opinions, advice, or statements made on the External Sites or for the quality of any products or services available on the External Sites. Clear Expressions provides links to External Sites merely as a convenience.

You acknowledge and agree that the inclusion of such External Links does not imply that Clear Expressions endorses or accepts any responsibility or liability for any content, advertising, products or other material that may appear on or may be available on, from or through any External Sites. You further acknowledge and agree that Clear Expressions shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with the purchase or use of or reliance on any such content, advertising, products, or other materials.

Privacy Policy Statement

The terms of Clear Expressions’ Privacy Policy Statement (“Privacy Policy”) are incorporated into the Terms of Use by reference. By accepting the Terms of Use, you acknowledge that you have read, understand, and agree to be bound by the Privacy Policy **link**.

International Users

The Site can be accessed from countries around the world and may contain references to products, services and programs that are not available in your country. These references do not imply that Clear Expressions intends to announce such products, services, or programs in your country. Clear Expressions makes no representation that Materials on this Site are appropriate or available for use in locations outside of Canada and the United States, and access to the Materials from territories where they are prohibited is illegal. If you choose to access this Site from outside Canada or the United States, you do so on your own initiative and are responsible for compliance with local laws.

Choice of Language

The Terms of Use is in the English language only, which language shall be controlling in all respects.

Choice of Law and Jurisdiction

This Site (excluding links to External Sites) is controlled by Clear Expressions from its offices in Ottawa, Ontario, Canada, notwithstanding the physical location of the servers on which the content resides. By accessing this Site, you and Clear Expressions agree that all matters relating to your access to, or use of, this Site shall be governed by the statutes and laws of the Province of Ontario and the federal laws of Canada applicable therein. You and Clear Expressions expressly disclaim all applicable choice of law or conflict of law rules and expressly exclude the United Nations Convention on Contracts for the International Sale of Goods. You and Clear Expressions also agree and hereby submit to the exclusive personal jurisdiction and venue of the courts in Ottawa, Ontario with respect to such matters.

General

The Terms of Use and the Privacy Policy constitute the entire agreement between Clear Expressions and you and govern your use of the Site. Neither the Terms of Use nor the Privacy Policy may be modified except in writing signed by both parties, or by a new posting by Clear Expressions, as described in “Acceptance of Terms” above. If any provision of the Terms of Use is determined to be unlawful, void for any reason, or unenforceable, then that provision shall be deemed severable from the remaining provisions. Any failure by Clear Expressions to enforce or exercise any provision of the Terms of Use or related right shall not constitute a waiver of that right or provision.

Trademarks

The following are trademarks or registered trademarks of Clear Expressions Inc.: logo and the combination logo and Clear Expressions word mark.

Other corporate or other service provider names displayed on the Site may be trademarks or registered trademarks of their respective owners.

Unless specifically noted to the contrary, the example companies, products, domain names, email addresses, logos, people, and events depicted on this Site are fictitious and no association with any real organization, product, domain name, email address, logo, person, or event is intended or should be inferred. If you have any questions regarding this Site or these Terms of Use, please contact us at: mailto:info@clearexpressions.ca.