Clarus Glassboards LLC Terms of Service

Effective: September 25, 2017

Your Consent

The following Terms of Use (“Terms”) govern the relationship between you and Clarus Glassboards and govern your use of the ClarusGlassboards.com website. The website is owned and operated by Clarus Glassboards on behalf of itself and for its subsidiaries and affiliates (collectively, “Clarus Glassboards,” “We” or “Us”). By accessing, using, or registering for a the website, you agree to be bound by these Terms. The Terms govern all transactions via the website, via email, or over a telephone. If you are unwilling to be bound by these Terms, you should not access or use the website.

 

Please also consult our Privacy Policy www.clarusglassboards.com/privacypolicy for a description of our privacy practices and policies, which is expressly incorporated herein. We also recommend that you print and retain a copy of these Terms for future reference.

 

Governing Law

Unless otherwise indicated herein, our website is governed and operated in accordance with the laws of the United States and is intended for the use of residents of the United States only.

 

Access

You acknowledge and agree that the website, including the accessibility, hours of use, and any and all features and content available via the website and any User Content (as defined below), may be modified by Us, in Our sole discretion, at any time without prior notice. We may restrict access to any or all portions of the website or remove any information or content from the website at any time. All such modifications are subject to these Terms.

 

Prohibited Behavior

You may not, and your use of the website may not:

  • violate any applicable local, state, national, or international statute, regulation, or law;

  • impersonate or use the identity of another person or organization, or falsely state or otherwise misrepresent your affiliation with a person or organization;

  • engage in any activities or manipulate identifying material to misrepresent the origin of content;

  • interfere with or otherwise limit the use of the website by other users; or collect, compile, or store personal information about other users of the website;

  • share your account with anyone else, including giving your password to another person;

  • disrupt or interfere with the security of, or otherwise cause harm to, the website or the systems resources; accounts; usernames and passwords; servers; or networks connected to or accessible through the website;

  • modify the information found on the website;

  • use the website for commercial purposes; or

  • upload, post, use, or otherwise make available any content that:

    • is false, misleading, unlawful, harmful, threatening, abusive, harassing, tortious, defamatory, vulgar, obscene, libelous, invasive of another’s privacy, or content that could otherwise be considered to be objectionable;

    • is subject to any disclosure restrictions;

    • infringes or otherwise violates any patent, copyright, trademark, or any other proprietary rights;

    • is unsolicited or unauthorized advertising or promotional materials, including without limitation, junk mail, spam, chain letters, pyramid schemes, or any other form of solicitation;

    • contains software viruses or any other corrupt computer code, files or programs that impair the use of any computer software or hardware or telecommunications equipment.

 

User Content

You acknowledge and agree that you are solely responsible for any content, including any comments, feedback, notes, messages, ideas, suggestions, or other communications that you upload, post, use, or otherwise make available on the website or send to Us via the website or in connection with the website (“User Content”). By posting or submitting User Content you grant an irrevocable, world-wide, non-exclusive license to Clarus Glassboards to the User Content to allow Clarus Glassboards to use, reproduce, disclose, publish, distribute, and otherwise fully exploit such User Content for any purpose whatsoever, without restriction and without compensating you in any way. Accordingly, do not send any confidential information or any original creative materials. By posting or submitting User Content, you represent and warrant that (a) the User Content is non-confidential; (b) you have all necessary rights to post the User Content and you can and do grant to Us the rights in accordance with these Terms; (c) the User Content is accurate and not misleading or harmful in any manner; (d) you will clearly state any conflict of interest or relationship that might influence your views such as whether you are being compensated in any way (whether in kind, monetary, free product samples, or otherwise), or an employee of Clarus Glassboards or any product supplier or vendor; and (e) the User Content, and your use and posting thereof in connection with the website, does not and will not violate these Terms or any applicable local, state, national, or international statute, regulation, or law. Although Clarus Glassboards has no obligation to screen, edit, or monitor any of the User Content or user conduct on the website, We reserve the right in Our sole discretion, to remove, screen, or edit and take appropriate action, including legal action against you with respect to any User Content and to monitor any user conduct on the website at any time and for any reason without notice.

 

Authorized Use

All content, information, data, and other material contained on the website, including without limitation, all trademarks, the “look and feel” of the website, its color combinations, layout, and all other graphical elements, and all original content, are protected by one or more copyrights, trademarks, patents, trade secrets and/or other proprietary rights owned or licensed by Us and which are protected under the laws of the United States, foreign jurisdictions, and/or international treaties. The website, its content, and all related rights remain our exclusive property or the property of the licensors of such content unless otherwise expressly agreed in writing. We grant you a limited right to use the content on the website as follows (“Authorized Use”):

  • you may reproduce the website content solely for your personal, noncommercial, educational, and informational use, and only if you keep such reproduced content intact with proper attribution and display of the copyright notice; and

  • Architects and designers may download and use the Inspiration Gallery portion of the website in connection with bids or requests for proposals for the sale by Us and Our authorized dealers of Our products to customers.

 

In connection with your Authorized Use, you may download or print content, provided you do not, without Our express written consent, modify or delete any of the information, including any proprietary notices. Except as otherwise set forth herein or subject to Our written consent, no other permission is granted to you to print, copy, reproduce, distribute, license, transfer, sell, transmit, upload, download, store, display in public, alter, or modify any of the content. In addition, you may not transfer any content to another person, “frame” or “in-line link” the content, “deep link” to any content within the website, or “mirror” the website or content therein on any other server. Except as expressly set forth herein, use of the website does not constitute a grant of any license or other right to use or exploit any of these proprietary rights.

 

Media should contact Corporate Communications at marketing@clarus.com for permission to use the copyrighted information.

 

Disclaimer and Limitation of Liability

Although We have attempted to provide accurate information on the website, We are not responsible for and make no guarantee or warranty, expressed or implied, as to the reliability, accuracy, timeliness, or completeness of that information and assume no responsibility for any typographical errors or omissions therein, including with respect to availability, content, pricing, or product images. We do not represent or warrant that the website or content contained there is appropriate for or applicable to use outside of the applicable territory in which is offered or made available.

YOUR USE OF THE WEBSITE IS AT YOUR OWN RISK. WE, OUR EMPLOYEES, AGENTS, THIRD-PARTY CONTENT PROVIDERS, AND SERVICE PARTNERS SHALL NOT BE LIABLE FOR ANY LOSS RESULTING FROM OR ARISING OUT OF ANY USE, INABILITY TO USE OR UNAVAILABILITY OF THE WEBSITE OR ANY INFORMATION OR CONTENT ON THE WEBSITE, INCLUDING BUT NOT LIMITED TO ANY LOST PROFITS, LOSS OR DAMAGE TO DATA, OR ANY DIRECT, INDIRECT, SPECIAL, CONSEQUENTIAL, COMPENSATORY, OR INCIDENTAL DAMAGES (WHETHER BASED ON CONTRACT, TORT, STRICT LIABILITY, OR OTHERWISE), EVEN IF THEY HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. CLARUS GLASSBOARDS DOES NOT REPRESENT OR WARRANT THAT THE WEBSITE OR ANY CONTENT ARE FREE FROM ERRORS, VIRUSES, BUGS, OR OTHER HARMFUL OR MALICIOUS ELEMENTS.

 

Product Information

Certain products displayed on the website are available while supplies last, and We cannot guarantee that any product displayed on the website is available at the time it is displayed. In some cases, products may not be available at particular stores or in particular locations.

 

Indemnification

You agree to defend, indemnify, and otherwise hold Us and our successors and assigns, our officers, directors, agents, employees, assigns, third-party content providers, and service partners, harmless from and against any causes of action, including any claims, demands, losses, fees, expenses (including legal fees and expenses), costs, liabilities, and damages related to or arising out of your use of the website.

 

Security

You are prohibited from violating or attempting to violate the security of the website. We will investigate occurrences of possible violations and will cooperate with all applicable law-enforcement authorities in prosecuting violators. You are required to enter a user name and password to access secured extranets. In order to protect against unauthorized access to your account, it is recommended that you close the browser when you have finished using the website.

 

You are prohibited from violating or attempting to violate the security of the website, including, but not limited to:

  • Gaining unauthorized access to any portion, feature, or services offered by or through the website, or any related systems, servers, or networks connected to the website by hacking, password “mining”, or any other unauthorized means;

  • Scanning or testing the vulnerability of the website or a system, server, or network connected to the website;

  • Breaching the security or authentication measures on the website or any network connected to the website;

  • Performing reverse look-ups or tracing any information, personal or otherwise, of Us, any other User, User’s account, the website or otherwise exploit any service or information made available by or through the website. You may obtain your own personal information obtained by Us according to Our Privacy Policy.

  • Taking any action that unreasonably or disproportionately burdens the website’s infrastructure, related systems, servers, or networks; or

  • Using any device, software, or other method to interfere or attempt to interfere with the normal performance, transactions conducted, or with any other person’s use of the website.

 

Termination

We may terminate your access to the website or cancel or suspend your account at any time if you breach or encourage others to breach these Terms in any way or engage in conduct that We deem inappropriate. Upon such termination or suspension, any Authorized Use granted herein terminates automatically without notice to you.

 

Copyright Enforcement

We honor the intellectual property rights of others and ask the same of you. We may, in Our sole discretion, terminate your account or access rights if your actions infringe or otherwise violate the intellectual property rights of others. If you believe your work has been infringed, please provide Us with the following information:

  • A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed;

  • Identification of the copyrighted work claimed to have been infringed or, if multiple copyrighted works at a single online site are covered by a single notification, a representative list of such works at that site;

  • Identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed, or access to which is to be disabled, and information reasonably sufficient to permit Us to identify the material;

  • Information that is reasonably sufficient to permit Us to contact the complaining party, such as address, telephone number and, if available, e-mail address;

  • A statement that the complaining party has a good faith belief that use of the material in a manner complained of is not authorized by the copyright owner, its agent, or the law; and

  • A statement that the information in the notification is accurate, and under penalty of perjury, that the complaining party is authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.

 

We can be contacted at the address listed in the Contact Information section.

 

Children Under 13

The website is not targeted towards, nor intended for use by, persons under the age of 13. By using the website, you represent and warrant that you are 13 years of age or older.  If you are not at least 13 years of age, do not access, use, or register on the website.  We do not knowingly collect Personally-Identifiable Information from persons under age 13 without prior parental consent.  We have no way of distinguishing the age of individuals who access our website, and so we carry out the same Privacy Policy for individuals of all ages.  If a child has provided us with Personally-Identifiable Information without parental or guardian consent, the parent or guardian should contact us to remove the information and opt out of promotional opportunities.

 

Changes to Our Terms

The Terms became effective on September 25, 2017.  We reserve the right to change the Terms at any time.  Such changes, modifications, additions, or deletions will be effective immediately upon notice thereof, which may be given by means including, but not limited to, issuing an email to the email address on file or posting the revised Terms on this page. You acknowledge and agree that it is your responsibility to review this website and these Terms periodically and to be aware of any modifications.  Your continued use of the website after such modifications will constitute your: (a) acknowledgment of the modified Terms; and (b) agreement to abide and be bound by the modified Terms.

 

Miscellaneous

These Terms constitute the entire agreement between Us and you regarding the subject matter hereof. Any previous agreement, whether oral or written, between Us and you dealing with the subject matter hereof is superseded. If any portion of these Terms are found to be unenforceable for any reason, such portion will be deemed severed and will not affect the enforceability of the remaining terms. Upon your breach of these Terms, We may pursue any legal or equitable remedy available, including but not limited to, direct, consequential, and punitive damages and injunctive relief. Our remedies are cumulative and not exclusive. Our failure to exercise any remedy or enforce any portion of these Terms at any time shall not operate as a waiver of any remedy or of the right to enforce any portion of the Terms at any time thereafter. You agree that regardless of any statute or law to the contrary, any claim or action arising out of or regarding these Terms must be filed within one (1) year after such claim or cause of action arose or be forever barred.  We make no representation that the content of the website is appropriate or available for use in all locations. You are responsible for compliance with all applicable local laws. Any dispute arising out of these Terms shall be governed by the laws of the State of Texas, U.S.A., notwithstanding any conflicts of law principles. Any action relating to these Terms must be filed and maintained in a state or federal court located in the State of Texas, U.S.A., and you consent to exclusive jurisdiction and venue in such courts for such purpose.

 

Clarus Contact Information

Clarus Glassboards
Attn: Legal Department Privacy Inquiry
7537 Jack Newell Blvd N.
Fort Worth, TX 76118
privacyinquiry@clarus.com