Haut Technologies Inc.
Terms and Conditions
Effective as of January 4, 2021.
This agreement constitutes a binding legal contract between Haut
Technologies Inc. (“Clear”) (sometimes referred to as “we”, “us”
or “our”) and you, with respect to your use of
https://getclearapp.com/
and all websites, applications and communications that post a link to
this agreement (collectively, the “Site”)(“Terms and Conditions”).
We reserve our right to change these Terms and Conditions in the future.
Except as explicitly stated otherwise, your continued use of the Site
will constitute deemed acceptance of our updated Terms and Conditions.
1. Site
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We may from time to time, at our sole and absolute discretion and
without notice to you, update the Site (or any part of it). We will
not be liable to you or any third party for any modification,
variation, interruption, suspension or discontinuation of the Site.
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The Site may provide links to third party websites that are not owned,
managed or controlled by us. You expressly acknowledge and agree that
we are not responsible for the content of those third party websites.
You are encouraged to read that third party’s terms and conditions,
privacy policy and any other document that governs your relationship
with that third party.
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The Site uses cookies in accordance with our Cookies Policy, which can
be found here:
https://getclearapp.com/cookiepolicy.html.
2. Account
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To access certain features on the Site, you may be required to create
an account with us in the form provided by us.
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You agree that by registering an account with us that you: all
information you provide to us during the registration process is true
and accurate to the best of your belief; and you have capacity to
enter into contractual arrangements.
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You agree that you are solely responsible for your account and all
activities conducted on your account. You must keep your password and
any other login information private and secure. Your account is
registered to you, and you may not assign, transfer or otherwise
dispose of your interest in your account without our express written
permission.
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We may, from time to time, provide rules that govern your activities
whilst using your account (“Account Rules”). You expressly
acknowledge and agree that you will abide by these Rules. Should you
be in breach of the Account Rules, we may (at our absolute and sole
discretion) restrict, prohibit, suspend or terminate your account.
Should your account be terminated in accordance with this clause, we
are not liable to you, or any third party, for any loss or damage
suffered.
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You may terminate your account, for any reason, by notifying us. You
agree, however, that by terminating your account, your experience on
the Site may be limited. We are not liable to you, or any third party,
for any loss or damage suffered because of this.
3. Communications
By using the Site and providing your e-mail address, you agree to
subscribe to newsletters, marketing or promotional materials and other
information we may send. You may unsubscribe from these emails at any
time.
4. User Submitted Content
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The Site may allow you to publish, share, store and otherwise make
available certain information, text, graphics, videos, or other
content (“Content”).
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We cannot guarantee the accuracy, integrity or quality of Content
posted by users of the Site.
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We are not liable for any statements, representations, or Content
provided by Site users. Any opinions, advice or recommendations
expressed therein are those of the users providing such Content and
not those of Clear.
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You represent and warrant that you own or otherwise control the
Content you post on the Site, and that the sharing of your Content on
or through the Site does not violate the privacy rights, publicity
rights, copyrights, contract rights or any other rights of any person
or entity.
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We take no responsibility and assume no liability for Content you or
any third party posts on or through the Site. However, by posting
Content you grant us a perpetual, worldwide, irrevocable,
unrestrictive, non-exclusive royalty-free licence to use any Content
in any manner whatsoever without compensation or attribution to you.
5. Objectionable Content and Behaviors
Content may not be submitted to the Clear app, who will moderate all
content and ultimately decide whether or not to post a submission to the
extent such content includes, is in conjunction with, or alongside any,
Objectionable Content. Objectionable Content includes, but is not
limited to: (i) sexually explicit materials; (ii) obscene, defamatory,
libellous, slanderous, violent and/or unlawful content or profanity;
(iii) content that infringes upon the rights of any third party,
including copyright, trademark, privacy, publicity or other personal or
proprietary right, or that is deceptive or fraudulent; (iv) content that
promotes the use or sale of illegal or regulated substances, tobacco
products, ammunition and/or firearms; and (v) gambling, including
without limitation, any online casino, sports books, bingo or poker.
6. Prohibited Uses
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Unless explicitly agreed by us, you acknowledge and agree that you may
not use our Site for the following purposes:
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use the Site in any way that violates any applicable local, national
or international law or regulation
- impersonate or attempt to impersonate any person or entity
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engage in any conduct that restricts or inhibits anyone’s use or
enjoyment of the Site
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monitor or copy any of the material on the Site for any unauthorized
purpose without our prior written consent
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attempt to gain unauthorized access to, interfere with, damage or
disrupt any parts of the Site
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use the Site in any manner that could disable, overburden, damage, or
impair the Site
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attempt to interfere with the proper working of the Site in any way
whatsoever
7. Fees and Payment
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You may be required to purchase or pay a fee to access some features
of the Site. You agree to pay all fees due and payable to us
(including all applicable taxes) at the prices then in effect for your
purchases.
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You represent and warrant that the information you provide to us is
true, correct and complete.
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Where payments are processed through our Site using third party
payment processors, you also agree to any terms and conditions set by
those payment processors.
8. Specifications
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We may, from time to time, set certain minimum specifications required
to access our Site to ensure all users have the best possible
experience. You are solely responsible to obtain, keep and maintain
all equipment and other software that meets our minimum specifications
to enable you to have the best possible experience of our Site.
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We may from time to time, at our sole discretion and without notice to
you, make variations, modifications, alterations or updates to our
Site (“Enhancements”). These Enhancements may be made to
improve our Site to you or to comply with relevant legal requirements.
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We will use reasonable endeavors to notify you of any scheduled
disruptions to our Site, including those due to any Enhancements.
However, regardless of whether a disruption is scheduled or not, we
are not liable to you or any third party for any loss or damage caused
by any disruption to our Site.
9. Copyrights and Trademarks
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Except as expressly stated otherwise, you acknowledge and agree that
the original content on the Site, and the software, features and
functionality comprising the Site are the exclusive property of Clear
(the “Materials”) and its licensors
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You agree you will not copy, reproduce, create derivative works from,
transmit or distribute the Materials in any way without our prior
written consent.
10. Limitation of Liability, Indemnities and Warranties
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Except as expressly provided by law, we shall not be liable to you or
any third parties for any loss, damage, expenses or any other
liability arising directly or indirectly from the performance of our
services to you. To the fullest extent permitted by law, all
warranties or conditions implied by statute, at law, by trade, custom
or otherwise are excluded.
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You acknowledge and agree that you assume sole and entire
responsibility for, and indemnify and hold us harmless from, any and
all claims, liabilities, losses, expenses, responsibilities and
damages by reason of any claim, proceedings, action, liability or
injury arising out of or as a result of (i) your conduct in relation
to these Terms and Conditions; (ii) your use of any material, advice
or other results of the services provided to you; (iii) your relations
with your clients and/or other third parties; or (iv) any breach of
these Terms and Conditions by you.
11. Term and Termination
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These Terms and Conditions will remain in full force and effect while
you use the Site.
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We may, without notice to you, immediately stop providing any services
to you at our sole discretion for any reason whatsoever.
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Where these Terms and Conditions are terminated in accordance with
these Terms and Conditions, they will terminate without prejudice to
any rights either party may have had against the other prior to
termination. Further, all provisions of which by their nature should
survive termination shall survive termination, including, without
limitation: (i) all intellectual property you have granted us under
these Terms and Conditions; and (ii) your obligation to pay any fees
due to us at the time of termination; and (iii) warranty disclaimers,
indemnity and limitations of liability.
12. Modifications
We may modify these Terms and Conditions at any time by posting the
modified Terms and Conditions to the Site. Your continued use of the
Site following the modification of the Terms and Conditions means that
you accept and agree to be bound by the modified Terms and Conditions.
You are expected to check this page frequently so you are aware of any
changes, as they are binding on you.
13. Assignment
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These Terms and Conditions will bind and inure for the benefit of the
parties, including their respective successors, permitted assigns and
legal representatives.
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We may, without notice to you, immediately stop providing any services
to you at our sole discretion for any reason whatsoever.
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Provided your rights are not affected under these Terms and
Conditions, we will be permitted to assign our interest in these Terms
and Conditions without prior notice to you. However, you may not
assign, transfer, novate or other dispose of your rights and
obligations under these Terms and Conditions without our express
written approval (which we may withhold in our sole discretion).
14. Privacy
You acknowledge that you have read and understood the terms of Clear’s
Privacy Policy, which can be found here:
https://getclearapp.com/privacypolicy.html. You agree that we may use your information (including disclosure to
third parties) in accordance with the terms of our Privacy Policy.
15. Non-Waiver
Our failure to exercise, or delay in exercising, our rights under these
Terms and Conditions does not operate as a waiver of that right.
16. Exclusion of Implied Relationships
Nothing in these Terms and Conditions shall be deemed or construed to
constitute any party a partner, agent, representative, employer or
employee of another party or to create any trust or commercial
partnership unless specifically otherwise provided. We do not owe you
any duty of good faith under these Terms and Conditions.
17. Severability
If any part of these Terms and Conditions are held to be illegal,
invalid, or unenforceable, then that part shall be deemed deleted and
shall not affect the validity and enforceability of the remaining
provisions of these Terms and Conditions.
18. Entire Agreement
These Terms and Conditions constitute the entire agreement between the
parties with respect to the Company’s services and supersede all
previous versions of the Terms and Conditions, understandings,
arrangements, agreements, and communications, whether verbal or written,
between the parties.
19. Applicable Law and Jurisdiction
These Terms and Conditions shall be governed by and construed in
accordance with California law. Both parties agree to submit to the
jurisdiction of the courts of California with respect to any claim or
dispute arising out of these Terms and Conditions.