Terms of Use

Legal stuff you need to know

Clarity Currency Management Terms of Service

Posted: 9/10/2015

Thank you for choosing Clarity Currency Management!  These terms and conditions (“Terms”) cover your use and access to our services and website (“Services”).  Our Privacy Policy explains how Clarity Currency Management collects and uses your information, while our Acceptable Use Policy outlines your responsibilities when using our Services.  By using our Services, you expressly agree to be bound by these Terms, to review our Privacy Policy, and to review and comply with our Acceptable Use Policy.

Acceptable Use Policy

Clarity Currency Management appreciates its users, and we are proud of the trust you place in us.  In exchange, we trust you to use our services responsibly.

You agree not to misuse Clarity Currency Management’s services (“Services”) or to help, assist, or encourage anyone else to do so.  By accepting these Terms, you expressly agree not attempt to do any of the following in connection with the Services:

  • Probe, scan, or test the vulnerability of any system or network in connection with Clarity Currency Management;
  • Breach or otherwise circumvent any security or authentication measures;
  • Access, tamper with, or use non-public areas or parts of the Services, or shared areas of the Services you have not been invited to;
  • Interfere with or disrupt any user, host, or network.  For example:  sending a virus, overloading, flooding, spamming, or mail-bombing any part of the Services;
  • Access, search, or create accounts for the Services by any means other than our publically supported interfaces. For example: “scraping” or creating accounts in bulk;
  • Send unsolicited communications, promotions, advertisements, or spam;
  • Send altered, deceptive, or false source-identifying information.  For example: “spoofing” or “phishing”;
  • Promote or advertise products or services other than your own without appropriate authorization;
  • Publish or share materials that are unlawfully pornographic or indecent, or that contain extreme acts of violence;
  • Advocate bigotry or hatred against any person or group of people based on their race, religion, ethnicity, sex, gender identity, sexual preference, disability, or impairment;
  • Threatening, stalking, defaming, defrauding, degrading, victimizing, or intimidating anyone for any reason
  • Accessing or authorizing anyone to access the Services from an embargoed country
  • Violate the laws of the United States in any way, including publishing or sharing material that is fraudulent, defamatory, or misleading; or
  • Violate the privacy or infringe the rights of others.

Resolving Disputes

Clarity Currency Management wants to address your concerns without the necessity of formal litigation.  Before filing a claim against Clarity Currency Management, you agree to first attempt to resolve the dispute informally by contacting ‘support@claritycurrency.com’.  We will attempt to resolve the dispute informally by contacting you via email.  If a dispute is not resolved within 30 days of your dispute submission, you or Clarity Currency Management may bring a formal proceeding.

Consent to Jurisdiction and Venue

You will resolve any claim, cause of action, or dispute (“Claim”) you have with us arising out of or relating to the Terms and Conditions or Clarity Currency Management exclusively in the United States District Court for the Eastern District of Texas or a state court located in Smith County, and you agree to submit to personal jurisdiction of such federal and state courts for the purpose of litigating all such Claims, subject to the mandatory arbitration provisions below.  The laws of the State of Texas will govern these Terms and Conditions, as well as any Claim that might arise between you and Clarity Currency Management, excluding Texas’ conflict of laws statutes.

IF YOU ARE A UNITED STATES RESIDENT, YOU ALSO AGREE TO THE FOLLOWING MANDATORY ARBITRATION PROVISIONS:

You and Clarity Currency Management agree to resolve any claims relating to these Terms or the Services through final and binding arbitration, except as set forth under Exceptions to Agreement to Arbitrate below.

The American Arbitration Association (AAA) will administer the arbitration under its Commercial Arbitration Rules and the Supplementary Procedures for Consumer Related Disputes.  The arbitration will be held in the United States county where you live or work, Waco (TX), or any other location we mutually agree to.

The AAA rules will govern payment of all arbitration fees.  Clarity Currency Management will Complete?

Clarity Currency Management operates this Website from our offices in within the United States of America.  We make no representation that the information contained within this Website is appropriate or available for use in locations outside the United States, and access to this Website from territories where the contents of this Website may be illegal is strictly prohibited.  Those who choose to access this Website from locations outside the United States do so at their own initiative and risk, and are responsible for compliance with all applicable local laws.

Either you or Clarity Currency Management may assert claims, if they qualify, in small claims court in Waco (TX).  Either party may bring a lawsuit solely for injunctive relief to stop unauthorized use or abuse of the Services, or intellectual property infringement (for example, trademark, trade secret, copyright, or patent rights) without first engaging in arbitration or the informal dispute-resolution process described above.  If the agreement to arbitrate is found not to apply to you or your claim, you agree to the exclusive personal jurisdiction of the federal United States District Court for the Eastern District of Texas or the state courts of Smith County, Texas to resolve your claim.

You may only resolve disputes with Clarity Currency Management on an individual basis, and may not bring a claim as a plaintiff or a class member in a class, consolidated, or representative action.  Class arbitrations, class actions, private attorney general actions, and consolidation with other arbitrations are strictly prohibited.

Indemnification*

If anyone brings a claim against us related to your actions, content, transactions, or information contained on Clarity Currency Management’s servers, you will indemnify and hold us harmless from and against all damages, losses, and expenses of any kind (including reasonable legal fees and costs) related to such Claim.

Sharing Your Information

For content that is covered by intellectual property rights, such as photos (“IP Content”), you specifically give us the following permission, subject to your privacy and application settings: you grant us a non-exclusive, transferable, sub-licensable, royalty-free, worldwide license to use any IP Content that you upload on or in connection with Clarity Currency Management (“IP License”).  You also affirm that you have exclusive rights to the IP Content you upload on or in connection with Clarity Currency Management.  This IP License ends when you affirmatively elect to delete your IP Content or your account, unless your content has been shared with others, and they have not deleted it.

When you delete IP Content, it is deleted in a manner similar to emptying the recycle bin on a computer.  However, you understand that removed content may persist in backup copies for a reasonable period of time, but this content will not be available to others.

Ability to Modify Terms

Definitional Notes:  This section pertains to the company’s ability to modify their Privacy Policy and/or Terms and Conditions when needed.  This is necessary as business conditions change, the company should modify to grow, adapt, and change with the prevailing market conditions.

Clarity Currency Management reserves the right at any time to change or modify these Terms, or any part thereof, or to impose new conditions.  Such changes, modifications, additions, or deletions shall be effective immediately upon notice thereof, which may be given meaning including, without limitation, posting on the Website, or by electronic or conventional mail, or by any other means.  Any use of the Website by you after such notice shall be deemed to constitute acceptance of such changes, modifications, additions, or deletions.

Notice Requirements

Definitional Notes:  Any changes to the Privacy Policy and/or Terms and Conditions should be conducted with an adequate notice period.  30 days is common.  Most jurisdictions say that companies must conspicuously display that the policies have changed on the front page of their website and give the users an opportunity to view the new policies.

Opportunity to Reject Terms

Definitional Notes:  If after viewing the changed policies, a user does not agree and decides to reject the new policies, a procedure must be in place to allow the user to contact the company, affirmatively say they do not agree, and be afforded an opportunity to terminate their account.

Entire Agreement

These Terms constitute the entire agreement between you and Clarity Currency Management with respect to the subject matter of these Terms, and supersede and replace any other prior or contemporaneous agreements, or terms and conditions applicable to the subject matter of these Terms.  These Terms do not create any third party beneficiary rights.

Waiver, Severability, and Assignment

Clarity Currency Management’s failure to enforce a provision of these Terms is not a waiver of its right to do so at a later time.  If a provision is found unenforceable, the remaining provisions of the Terms will remain in full effect and an enforceable term will be substituted reflecting our intent as closely as possible.  You are strictly prohibited from assigning any of your rights under these Terms, and any such attempt will be void.  Clarity Currency Management may assign its rights to any of its affiliates or subsidiaries, or to any successor in interest of any business associated with the Services.

Clarity Currency Management’s Digital Millennium Copyright Act Policy

Notice and Takedown Procedure

Clarity Currency Management respects the intellectual property of others and expects our users to do the same.  It is our policy to expeditiously respond to clear notices of alleged copyright infringement that comply with the United States Digital Millennium Copyright Act (“DMCA”).  The paragraph entitled “Infringement Notification” below describes the information that should be present in these notices.  The requested information is designated to make submitting notices of alleged copyright infringement to Clarity Currency Management as straightforward as possible while reducing the number of notices that we receive that are fraudulent, difficult to understand, or difficult to verify.  The form of notice specified below is consistent with the form suggested by the DMCA, but we will respond to notices of this form from foreign jurisdictions as well.  For reference, a copy of DMCA may be found at the U.S. Copyright Office Web Site at http://www.copyright.gov/legislation/dmca.pdf

We expect all users of any part of Clarity Currency Management’s Website to comply with all applicable copyright laws, and all users agree to comply with all such laws by accepting these Terms.  However, if Clarity Currency Management receives proper notification of alleged copyright infringement, our response to these notices will include removing or disabling access to the material claimed to be the subject of infringing activity and/or terminating the violating party’s access to the Clarity Currency Management Website, regardless of whether we may be liable for such infringement under United States law or the laws of any foreign jurisdiction.

If we remove or disable access to such material in response to a proper copyright infringement notice, we will make a good faith attempt to contact the owner or administrator of the affected site or content so that they may make a counter-notification pursuant to §§ 512(g)(2) and (3) of the DMCA.  We may also document notices of alleged infringement on which we act.

Designated Agent

Clarity Currency Management’s Designated Agent to receive notification of alleged infringement under the DMCA is:

Dalton Goldman

support@claritycurrency.com

112 Inglewood Dr

Aledo, TX 76008

Upon receipt of proper notification of claimed infringement, Clarity Currency Management will follow the procedures outlined herein and in the DMCA.

Infringement Notification

If you believe that your work has been copied in a way that constitutes copyright infringement, or your intellectual property rights have been otherwise violated, please provide Clarity Currency Management’s Designated Agent (listed above) the following information in a written communication, preferably via email:

  1. Identify the copyrighted work that you claim has been infringed and provide a brief description of why you believe this work has been infringed.  Or, if multiple copyrighted works are covered by this Infringement Notice, you may provide a representative list of the copyrighted works that you claim have been infringed.
  2. Provide a description of where the infringing material can be located within our site, such as the user name associated with the profile using the work you claim has been infringed and the capacity in which it is being used (i.e. “User name ‘Sample1’ has posted a photo that belongs to me as his profile picture without my permission.”)  Where possible, please provide a URL link to the specific page where the material may be found.
  3. Provide your name, company affiliation (if applicable), mailing address, telephone number, and if available, your email address.
  4. The following statement: “I have a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law”;
  5. The following statement: “I swear, under penalty of perjury, that the information in this notification is accurate, and that I am the copyright owner of an exclusive right that is allegedly infringed or am authorized to act on behalf of such owner”; and
  6. Provide your full legal name and your physical or electronic signature.

Please note that you may be liable for damages, including but not limited to costs and attorney’s fees, if you materially misrepresent that material is infringing your copyrights.  Accordingly, if you are not sure whether material available online infringes your copyright, we suggest you first contact an attorney before submitting an Infringement Notification pursuant to the DMCA.

Counter Notification

A provider of content subject to an infringement claim may submit a counter notification pursuant to §§ 512(g)(2) and (3) of the DMCA.  To file a counter notification with us, pleas provide Clarity Currency Management’s Designated Agent (listed above) the following information in a written communication, preferably via email:

  1. Identification of the material that has been removed or to which access has been disabled and the location at which the material appeared before it was removed or access to it was disabled;
  2. Your name, address, telephone number, and email address;
  3. The following statement: “I consent to the jurisdiction of the federal District Court for the Eastern District of Texas”;
  4. The following statement: “I will accept service of process from [insert the name of the person who submitted the infringement notification] or his/her agent”;
  5. The following statement: “I swear, under penalty of perjury, that I have a good faith belief that the affected material was removed or disabled as a result of a mistake or misidentification of the material to be removed or disabled”; and
  6. Your signature, in physical or electronic form.

Upon receipt of such counter notification, Clarity Currency Management will promptly provide the person who provided the original infringement notification with a copy of the counter notification, and inform that person that Clarity Currency Management will replace the removed material or cease disabling access to it within 10 business days.  Clarity Currency Management will replace the removed material and cease disabling access to it not less than 10, and no more than 14 business days following receipt of the counter notice, unless our Designated Agent first receives notice from the person who submitted the original infringement notification that such person has filed an action seeking a court order to restrain the subscriber from engaging in infringing activity related to the material on our system or network.

Repeat Infringers

In accordance with § 512(i)1(a) of the DMCA, Clarity Currency Management will, in appropriate circumstances, disable accounts and/or terminate the access to users who repeatedly violate these Terms and/or the DMCA.

Accommodation of Standard Technical Measures

It is Clarity Currency Management’s policy to accommodate and not interfere with standard technical measures that copyright owners use to identify or protect copyrighted works that Clarity Currency Management determines are reasonable under the circumstances.

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