Terms of service

Thank you for using Clew.app (the App)! These terms of service (the “Terms”) govern your access to and use of the App, including any content, functionality, and services offered on or through the App.

Please read these Terms carefully before you start to use the App. By using the App, you accept and agree to be bound and abide by these Terms and our Privacy Policy, found at clew.app/privacy. If you do not want to agree to these Terms or the Privacy Policy, you must not access or use the App.

We reserve the right to change or modify these Terms at any time and in our sole discretion. Any changes or modifications will be effective immediately upon posting the revisions to the App, and you waive any right you may have to receive specific notice of such changes or modifications. Your continued use of the App following the posting of changes or modifications will confirm your acceptance of such changes or modifications. Therefore, you should frequently review these Terms and any other applicable policies, including their dates, to understand the terms and conditions that apply to your use of the App. If you do not agree to the amended terms, you must stop using the App.

  1. Use of the App

a. You may use the App only for lawful purposes and in accordance with these Terms. You agree not to use the App:

i. In any way that violates any applicable federal, state, local, or international law or regulation (including, without limitation, any laws regarding the export of data or software to and from the US or other countries).

ii. For the purpose of exploiting, harming, or attempting to exploit or harm minors in any way by exposing them to inappropriate content, asking for personally identifiable information, or otherwise.

iii. To transmit, or procure the sending of, any advertising or promotional material, including any “junk mail,” “chain letter,” “spam,” or any other similar solicitation.

iv. To impersonate or attempt to impersonate the Company, a Company employee, another user, or any other person or entity (including, without limitation, by using e-mail addresses or screen names associated with any of the foregoing).

v. To engage in any other conduct that restricts or inhibits anyone’s use or enjoyment of the App, or which, as determined by us, may harm the Company or users of the App or expose them to liability.

b. Additionally, you agree not to:

i. Use the App in any manner that could disable, overburden, damage, or impair the site or interfere with any other party’s use of the App, including their ability to engage in real-time activities through the App.

ii. Use any robot, spider, or other automatic device, process, or means to access the App for any purpose, including monitoring or copying any of the material on the App.

iii. Use any manual process to monitor or copy any of the material on the App or for any other unauthorized purpose without our prior written consent.

iv. Use any device, software, or routine that interferes with the proper working of the App.

v. Introduce any viruses, trojan horses, worms, logic bombs, or other material that is malicious or technologically harmful.

vi. Attempt to gain unauthorized access to, interfere with, damage, or disrupt any parts of the App, the server on which the App is stored, or any server, computer, or database connected to the App.

vii. Attack the App via a denial-of-service attack or a distributed denial-of-service attack.

  1. Account Registration

In order to use certain features of the App, you may be required to register for an account. When you register for an account, you agree to provide accurate and complete information as prompted by the account registration form, and you further agree to update your account information to keep it accurate and complete. You are solely responsible for the activity that occurs on your account, and you must keep your account password secure. You must notify us immediately of any breach of security or unauthorized use of your account.

  1. Intellectual Property

the App and its entire contents, features, and functionality (including but not limited to all information, software, text, displays, images, video, and audio, and the design, selection, and arrangement thereof), are owned by the Company, its licensors, or other providers of such material and are protected by United States and international copyright and trademark laws. You are granted a limited, non-exclusive, non-transferable, and revocable license to access and use the App and to download or print a copy of any portion of the content to which you have properly gained access solely for your personal, non-commercial use. Any other use of the App or the content is strictly prohibited, and may violate copyright, trademark, and other laws.

  1. User Contributions

the App may allow you to post, submit, publish, display, or transmit content or materials (collectively, “User Contributions”) on or through the App. You are solely responsible for your User Contributions, and you agree that you will not submit any content or materials that are unlawful, harassing, libelous, privacy invading, abusive, threatening, harmful, vulgar, obscene, or otherwise objectionable. You further agree that you will not submit any content or materials that infringe upon the intellectual property rights of any third party.

By posting, submitting, publishing, displaying, or transmitting your User Contributions, you grant the Company a perpetual, irrevocable, worldwide, royalty-free, and non-exclusive license to reproduce, adapt, modify, translate, publish, publicly perform, publicly display, and distribute your User Contributions for any purpose.

  1. Disclaimer of Warranties

THE APP IS PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS. THE COMPANY MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, AS TO THE OPERATION OF THE APP OR THE INFORMATION, CONTENT, MATERIALS, OR PRODUCTS INCLUDED ON THE APP. TO THE FULL EXTENT PERMISSIBLE BY APPLICABLE LAW, THE COMPANY DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. THE COMPANY DOES NOT WARRANT THAT THE APP, ITS SERVERS, OR E-MAIL SENT FROM THE COMPANY ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. THE COMPANY WILL NOT BE LIABLE FOR ANY DAMAGES OF ANY KIND ARISING FROM THE USE OF THE APP, INCLUDING, BUT NOT LIMITED TO, DIRECT, INDIRECT, INCIDENTAL, PUNITIVE, AND CONSEQUENTIAL DAMAGES.

  1. Limitation of Liability

THE COMPANY WILL NOT BE LIABLE FOR ANY DAMAGES OF ANY KIND ARISING FROM THE USE OF the App, INCLUDING, BUT NOT LIMITED TO, DIRECT,

INDIRECT, INCIDENTAL, PUNITIVE, AND CONSEQUENTIAL DAMAGES. THE COMPANY WILL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, OR ANY LOSS OF PROFITS OR REVENUES, WHETHER INCURRED DIRECTLY OR INDIRECTLY, OR ANY LOSS OF DATA, USE, GOODWILL, OR OTHER INTANGIBLE LOSSES, RESULTING FROM (A) YOUR ACCESS TO OR USE OF OR INABILITY TO ACCESS OR USE THE APP; (B) ANY CONDUCT OR CONTENT OF ANY THIRD PARTY ON THE APP, INCLUDING WITHOUT LIMITATION, ANY DEFAMATORY, OFFENSIVE, OR ILLEGAL CONDUCT OF OTHER USERS OR THIRD PARTIES; OR (C) UNAUTHORIZED ACCESS, USE, OR ALTERATION OF YOUR TRANSMISSIONS OR CONTENT. IN NO EVENT WILL THE COMPANY’S TOTAL LIABILITY TO YOU FOR ALL DAMAGES, LOSSES, OR CAUSES OF ACTION EXCEED ONE HUNDRED DOLLARS ($100).

  1. Indemnification

You agree to defend, indemnify, and hold the Company and its affiliates, officers, agents, and employees harmless from any claim or demand, including reasonable attorneys’ fees, made by any third party due to or arising out of your breach of these Terms or the documents they incorporate by reference, or your violation of any rights of another.

  1. Governing Law

These Terms and your use of the App will be governed by and construed in accordance with the laws of the State of Illinois, United States, without giving effect to any principles of conflicts of law.

  1. Dispute Resolution

Any dispute arising out of or relating to these Terms or the App shall be resolved through binding arbitration in accordance with the commercial arbitration rules of the American Arbitration Association. The arbitration shall be conducted in Chicago, IL.

  1. Miscellaneous

These Terms constitute the entire agreement between you and the Company regarding the use of the App. If any provision of these Terms is found to be invalid or unenforceable, that provision will be enforced to the maximum extent possible, and the remaining provisions will remain in full force and effect. The failure of the Company to enforce any right or provision of these Terms will not be deemed a waiver of such right or provision. The Company may assign these Terms, in whole or in part, at any time without notice to you. You may not assign these Terms or transfer any rights to use the App without the prior written consent of the Company. Any attempt by you to transfer any rights, duties, or obligations hereunder, except as expressly provided for in these Terms, is void. The section titles in these Terms are for convenience only and have no legal or contractual effect.

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