Cleardata is an application, dedicated to providing companies vehicle location and other information, operated by Clearplan, Inc. (the "Company" or "we," "our," or "us").
The Company is not responsible for any incorrect, invalid or inaccurate entry information; human errors; technical malfunctions; failures, including public utility or telephone outages; omissions, interruptions, deletions or defects of any telephone system or network, computer online systems, data, computer equipment, servers, providers, or software, including without limitation any injury or damage to any person's computer or video equipment relating to or resulting from using our application or receiving our Services; inability to access our application and Services; data that is processed late or incorrectly or is incomplete or lost due to telephone, postal issues, computer or electronic malfunction or traffic congestion on telephone lines or transmission systems, or the Internet, or any service provider's facilities, or any phone site or web site or for any other reason whatsoever; typographical, printing or other errors, or any combination thereof.
The Customer shall pay all applicable fees in connection with the Services, in the manner and as described in the Order Form we send you. The invoicing and payment terms shall be specified in the Order Form. There are no refunds or credits for Services. Any fees paid are non-refundable. The Company reserves the right to change its fees and to institute new charges provided that such changes shall be effective at the end of each subscription term of an Order Form, which changes may be sent by email or otherwise provided to you. The Customer’s use of the Services following such notification constitutes Customer acceptance of any new or increased charges. All fees stated are exclusive of federal, state, local and foreign taxes, duties, tariffs, levies, withholdings and similar assessments (including without limitation, sales taxes, use taxes and value added taxes), and the Customer agrees to bear and be responsible for the payment of all such charges, excluding taxes based upon the Company’s net income. All amounts due shall be grossed-up for any withholding taxes imposed by any foreign government. Unless otherwise agreed by the Company, in order to set up an account with the Company, the Customer must provide the Company with accurate and complete billing information including legal name, address, telephone number, and elect a payment method as described on the Order Form. The Customer may upgrade an Order Form at any time, pursuant to the terms and conditions of such Order Form. Any such change will take effect immediately upon acceptance of the new Order Form by the Company, and the Customer will be charged the applicable fee.
The Company will use commercially reasonable efforts to provide the Customer with support and maintenance for the Services in accordance with its standard practices (as may be amended from time to time). The Customer agrees that the Company will have the right to charge, in accordance with its then current policies, for any support services resulting from problems, errors or inquiries relating to systems or any other network, equipment, service or software not owned, controlled or procured by the Company. The Company shall have no obligation to provide updates (for example, patches or revisions to the Services), except that the Company will provide the Customer with any update that it makes generally available without charge to its similar customers.
THE CLEARDATA APPLICATION AND SERVICES, INCLUDING, WITHOUT LIMITATION, ALL CONTENT, SOFTWARE, AND FUNCTIONS MADE AVAILABLE ON OR ACCESSED THROUGH OR SENT FROM THE CLEARDATA APPLICATION, ARE PROVIDED "AS IS," "AS AVAILABLE," AND "WITH ALL FAULTS." TO THE FULLEST EXTENT PERMISSIBLE BY LAW, THE COMPANY AND ITS PARENTS, SUBSIDIARIES AND AFFILIATES MAKE NO REPRESENTATION OR WARRANTIES OR ENDORSEMENTS OF ANY KIND WHATSOEVER (EXPRESS OR IMPLIED) ABOUT: (A) THE CLEARDATA APPLICATION AND SERVICES; (B) THE CONTENT AND SOFTWARE ON AND PROVIDED THROUGH THE CLEARDATA APPLICATION AND SERVICES; (C) THE FUNCTIONS MADE ACCESSIBLE ON OR ACCESSED THROUGH THE CLEARDATA APPLICATION AND SERVICES; (D) ANY SERVICES OFFERED VIA THE CLEARDATA APPLICATION OR HYPERTEXT LINKS TO THIRD PARTIES; AND/OR (E) SECURITY ASSOCIATED WITH THE TRANSMISSION OF SENSITIVE INFORMATION THROUGH THE CLEARDATA APPLICATION OR SERVICES OR ANY LINKED SITE. THE COMPANY DOES NOT WARRANT THAT THE CLEARDATA APPLICATION OR SERVICES, ANY OF THE CLEARDATA APPLICATION'S FUNCTIONS OR ANY CONTENT CONTAINED THEREIN WILL BE UNINTERRUPTED OR ERROR-FREE; THAT DEFECTS WILL BE CORRECTED; OR THAT THE CLEARDATA APPLICATION OR THE SERVERS THAT MAKES IT AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS.
THE COMPANY, ITS PARENTS, SUBSIDIARIES AND AFFILIATES, AND THE DIRECTORS, OFFICERS, EMPLOYEES, AND OTHER REPRESENTATIVES OF EACH OF THEM, SHALL NOT BE LIABLE FOR THE USE OF THE CLEARDATA APPLICATION AND SERVICES INCLUDING, WITHOUT LIMITATION, THE CONTENT AND ANY ERRORS CONTAINED THEREIN. SOME JURISDICTIONS LIMIT OR DO NOT ALLOW THE DISCLAIMER OF IMPLIED OR OTHER WARRANTIES SO THE ABOVE DISCLAIMER MAY NOT APPLY TO THE EXTENT SUCH JURISDICTION'S LAW IS APPLICABLE TO THIS AGREEMENT.
FURTHER, THE COMPANY AND ITS PARENTS, SUBSIDIARIES AND AFFILIATES DISCLAIM ANY EXPRESS OR IMPLIED WARRANTIES INCLUDING, WITHOUT LIMITATION, NONINFRINGEMENT, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND TITLE.
You also represent, warrant and covenant that you have and will materially comply with all applicable laws, privacy rights of third parties, contractual obligations and privacy policies relating to the collection, storage, use and transfer of any information you receive from or on behalf of the Company.
YOU UNDERSTAND AND AGREE THAT THE COMPANY LIMITS ITS LIABILITY IN CONNECTION WITH YOUR USE OF THE CLEARDATA APPLICATION AND SERVICES AS SET FORTH BELOW: UNDER NO CIRCUMSTANCES SHALL THE COMPANY, ITS PARENTS, SUBSIDIARIES, OR AFFILIATES, OR THE DIRECTORS, OFFICERS, EMPLOYEES, OR OTHER REPRESENTATIVES OF EACH OF THEM (COLLECTIVELY, THE "COMPANY ENTITIES AND INDIVIDUALS"), BE LIABLE TO YOU FOR ANY LOSS OR DAMAGES OF ANY KIND (INCLUDING, WITHOUT LIMITATION, FOR ANY SPECIAL, DIRECT, INDIRECT, INCIDENTAL, EXEMPLARY, ECONOMIC, PUNITIVE, OR CONSEQUENTIAL DAMAGES) THAT ARE DIRECTLY OR INDIRECTLY RELATED TO (1) THE CLEARDATA APPLICATION AND SERVICES, THE CONTENT, OR YOUR UPLOADED INFORMATION; (2) THE USE OF, INABILITY TO USE, OR PERFORMANCE OF THE CLEARDATA APPLICATION AND SERVICES; (3) ANY ACTION TAKEN IN CONNECTION WITH AN INVESTIGATION BY THE COMPANY OR LAW ENFORCEMENT AUTHORITIES REGARDING YOUR USE OF THE CLEARDATA APPLICATION AND SERVICES; (4) ANY INFORMATION PROVIDED TO YOU BY THE COMPANY OR THROUGH THE CLEARDATA APPLICATION OR SERVICES; OR (5) ANY ERRORS OR OMISSIONS IN THE CLEARDATA APPLICATION’S TECHNICAL OPERATION, EVEN IF FORESEEABLE OR EVEN IF THE COMPANY ENTITIES AND INDIVIDUALS HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES WHETHER IN AN ACTION OF CONTRACT, NEGLIGENCE, STRICT LIABILITY, OR TORT (INCLUDING, WITHOUT LIMITATION, WHETHER CAUSED IN WHOLE OR IN PART BY NEGLIGENCE, ACTS OF GOD, TELECOMMUNICATIONS FAILURE, OR THEFT OR DESTRUCTION OF THE CLEARDATA APPLICATION). IN NO EVENT WILL THE COMPANY ENTITIES AND INDIVIDUALS BE LIABLE TO YOU OR ANYONE ELSE FOR LOSS OR INJURY, INCLUDING, WITHOUT LIMITATION, DEATH OR PERSONAL INJURY. SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU. IN NO EVENT SHALL THE COMPANY ENTITIES AND INDIVIDUALS TOTAL LIABILITY TO YOU FOR ALL DAMAGES, LOSSES, OR CAUSES OF ACTION EXCEED ONE HUNDRED DOLLARS ($100). THE COMPANY ENTITIES AND INDIVIDUALS ARE NOT RESPONSIBLE FOR ANY DAMAGE TO ANY USER'S COMPUTER, HARDWARE, COMPUTER SOFTWARE, OR OTHER EQUIPMENT OR TECHNOLOGY INCLUDING, WITHOUT LIMITATION, DAMAGE FROM ANY SECURITY BREACH OR FROM ANY VIRUS, BUGS, TAMPERING, FRAUD, ERROR, OMISSION, INTERRUPTION, DEFECT, DELAY IN OPERATION OR TRANSMISSION, COMPUTER LINE OR NETWORK FAILURE OR ANY OTHER TECHNICAL OR OTHER MALFUNCTION. YOUR ACCESS TO AND USE OF THE CLEARDATA APPLICATION AND SERVICES IS AT YOUR RISK. IF YOU ARE DISSATISFIED WITH THE CLEARDATA APPLICATION OR SERVICES YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE ACCESSING AND USING THE CLEARDATA APPLICATION AND SERVICES. YOU RECOGNIZE AND CONFIRM THAT IN THE EVENT YOU INCUR ANY DAMAGES, LOSSES OR INJURIES THAT ARISE OUT OF THE COMPANY'S ACTS OR OMISSIONS, THE DAMAGES, IF ANY, CAUSED TO YOU ARE NOT IRREPARABLE OR SUFFICIENT TO ENTITLE YOU TO AN INJUNCTION PREVENTING ANY EXPLOITATION OF ANY SERVICES OR THE APPLICATION OR OTHER PROPERTY OWNED OR CONTROLLED BY THE COMPANY AND/OR ITS PARENTS, SUBSIDIARIES, AND/OR AFFILIATES OR YOUR UPLOAD INFORMATION, AND YOU WILL HAVE NO RIGHTS TO ENJOIN OR RESTRAIN THE DEVELOPMENT, PRODUCTION, DISTRIBUTION, ADVERTISING, EXHIBITION OR EXPLOITATION OF THE CLEARDATA APPLICATION AND SERVICES OR OTHER PROPERTY OR YOUR UPLOAD INFORMATION OR ANY AND ALL ACTIVITIES OR ACTIONS RELATED THERETO. BY ACCESSING THE APPLICATION AND SERVICES, YOU UNDERSTAND THAT YOU MAY BE WAIVING RIGHTS WITH RESPECT TO CLAIMS THAT ARE AT THIS TIME UNKNOWN OR UNSUSPECTED. ACCORDINGLY, YOU AGREE TO WAIVE THE BENEFIT OF ANY LAW THAT OTHERWISE MIGHT LIMIT YOUR WAIVER OF SUCH CLAIMS.
The content on the Cleardata application and Services, including without limitation, the text, software, scripts, graphics, photos, sounds, music, videos, interactive features and the like and the trademarks, service marks and logos contained therein (the “Intellectual Property”), are owned by or licensed to the Company, subject to copyright and other intellectual property rights under United States and foreign laws and international conventions. Content on the Cleardata application and the Services are provided to you AS IS for your information and business use only and may not be used, copied, reproduced, distributed, transmitted, broadcast, displayed, sold, licensed, or otherwise exploited for any other purposes whatsoever without the prior written consent of the respective owners. The Company reserves all rights not expressly granted in and to the Intellectual Property. You agree to not engage in the use, copying, or distribution of any of the Intellectual Property other than expressly permitted herein. You agree not to circumvent, disable or otherwise interfere with security related features of the Cleardata application and Services or features that prevent or restrict use or copying of any Intellectual Property or enforce limitations on use of the Cleardata application or the Intellectual Property therein.
The Cleardata application and Services provide you with the ability to post and upload data and other information (“Content”). You expressly acknowledge and agree that once you submit any such Content, it will be accessible by others and that there is no confidentiality or privacy with respect to such Content, including, without limitation, any personally identifying information that you make publicly available. YOU ARE ENTIRELY RESPONSIBLE FOR ALL THE CONTENT THAT YOU UPLOAD, POST, E-MAIL OR OTHERWISE TRANSMIT VIA THE APPLICATION OR SERVICES.
In addition, once Content is uploaded or submitted to the application or Services, the Company owns all such Content, and all copyrights and other intellectual property rights therein. In the event such Content is not transferable, you hereby irrevocably grant the Company and its sublicensees and assignees a non-exclusive, transferable, perpetual, royalty-free, freely sublicensable (through multiple tiers) license to modify, compile, combine with other content, copy, record, synchronize, transmit, translate, format, distribute, publicly display, publicly perform, and otherwise use or exploit (including for profit) any and all of your Content and all intellectual property and moral rights therein throughout the universe, in each case, by or in any means, methods, media or technology now known or hereafter devised.
TRADEMARKS CONTAINED ON THE CLEARDATA APPLICATION ARE TRADEMARKS OR REGISTERED TRADEMARKS OF THE COMPANY IN THE UNITED STATES AND/OR OTHER COUNTRIES. THIRD PARTY TRADEMARKS, TRADE NAMES, PRODUCT NAMES AND LOGOS MAY BE THE TRADEMARKS OR REGISTERED TRADEMARKS OF THEIR RESPECTIVE OWNERS. YOU MAY NOT REMOVE OR ALTER ANY TRADEMARK, TRADE NAMES, PRODUCT NAMES, LOGO, COPYRIGHT OR OTHER PROPRIETARY NOTICES, LEGENDS, SYMBOLS OR LABELS ON THE CLEARDATA APPLICATION.
Last Modified: March 1, 2017