Platform Terms of Service Agreement

Clarity Value, Inc. (“Clarity Value”, “we”, “us”, or “our”) maintains the Clarity Value government workflow platform located at https://clarityvalue.app (“Platform”). This Terms of Use Agreement (“Agreement”) tells you what you can and can’t do when you use the Platform.

We may update this Agreement at any time, so you should periodically review this Agreement for changes. Any new version of this Agreement will be posted here and will include an updated revision date. Changes will become effective immediately once they are posted here but they will not apply retroactively.

Ownership

The Platform and its contents are protected by copyright and trademark laws and is our property. We grant you a limited, non-exclusive, non-assignable, and not transferrable license to access and use the Platform for your own personal, non-commercial purposes, solely as permitted by this Agreement. You do not have any rights, title, or interest in the Platform other than the limited license granted to you in this Agreement and we reserve all rights not otherwise expressly granted by this Agreement

You may not:

We may conduct audits to ensure that you are in compliance with this Agreement. Such audits may be conducted through remote monitoring of your access and use of the Platform. We reserve the right to investigate and prosecute violations of any of the above to the fullest extent of the law. We may involve and cooperate with law enforcement in prosecuting users who violate this Agreement.

Your account

Each account is valid for one person only and may not be shared concurrently or otherwise by or among multiple people.

You are responsible for the security, confidentiality, and integrity of all information that you receive or transmit through the Platform. You are solely responsible for the security and confidentiality of any usernames or passwords granted to you to access the Platform. You are responsible for any authorized or unauthorized access or use of your account by any person. You have an affirmative responsibility to monitor and control access to your account and account information. You must immediately notify us if at any time you learn or suspect that your account information has been disclosed or otherwise made known to any person other than you.

Your content

The Platform may allow you to upload content to the Platform and utilize it in conjunction therewith. In connection with your content, you represent and warrant that you own or have the necessary licenses, rights, consents, and permissions to use and authorize us to use any content you upload to the Platform. As between you and Clarity Value, you retain all ownership rights in your content. By uploading content to the Platform, you hereby grant to us a worldwide, non-exclusive, royalty-free, sublicensable, and transferable license to use, reproduce, distribute, modify, edit, adapt, publish, translate, incorporate, and prepare derivative and collective works utilizing, displaying, and performing the content for the purpose of providing the Platform to you under this Agreement.

All content that you upload to the Platform or receive from a government subscriber is beyond our control. We do not initiate uploading any content to the Platform, generation of any content within the Platform, or monitor the specific content or accuracy of any content being uploaded to, generated by, or received from the Platform. Without limiting the generality of any other provision of this Agreement, we will have no responsibility for or liability related to the accuracy, content, currency, completeness, or delivery of any content that you provide or receive from a government subscriber. You are responsible for the accuracy, content, currency, completeness, and delivery of any content you upload to the Platform and you warrant that your content is accurate, current, and complete.

Disclaimers, liability, and indemnification

We provide the Platform on an “as is” and “as available” basis. We make no representations or warranties that the product descriptions, prices, or content on the Platform are accurate, complete, reliable, current, or error-free. We specifically disclaim warranties of any kind for the Platform and any services or products sold or offered through or on the Platform, whether expressed or implied, including but not limited to warranties of title, implied warranties of merchantability or warranties of fitness for a particular purpose. You expressly agree that your access to, viewing of, browsing, visiting or use of the Platform, use of our services, or purchase of any product sold or offered through or on the Platform is at your sole risk.

To the extent permitted by law, under no circumstance will we be responsible for lost profits, revenues, financial losses, or indirect, special, consequential, exemplary, or punitive damages. To the extent permitted by law, our total liability for any claims under this Agreement, including for any implied warranties, is limited to $100.00. The limitations of this section will apply to any theory of liability, whether based on warranty, contract, statute, tort (including negligence) or otherwise, and whether or not we have been informed of the possibility of any such damage, and even if a remedy set forth herein is found to have failed of its essential purpose.

You agree to defend, indemnify, and hold us and our officers, members, managers, employees, and agents from and against any and all claims, liabilities, damages, losses, demands, or expenses, including attorney’s fees and costs and expenses, arising out of or in any way connected with your use of the Platform, your content, your breach or alleged breach of this Agreement, your violation of applicable law, or your violation of any rights of any other person.

Privacy

We collect, store, and use personal information collected from you in accordance with our privacy policy, which you can read here.

Links

We might include links to other websites on the Platform. These links are provided for your convenience only. We have no control over websites that we don’t own or control and we are not responsible for the availability of such external websites or the content, advertising, products, or other materials on or available from such websites. Providing links to other websites is not an endorsement of those websites.

We are not responsible for any privacy or other practices of the third parties operating those websites. We will not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by, in connection with or resulting from, your use of or reliance on any such content, goods, or services available on or through any such website.

We strongly encourage you to review any separate terms of use and privacy notices governing those third party websites.

Feedback

We haven’t agreed, and we don’t agree, to treat as confidential any suggestion or idea that you give us (“Feedback”). We are free to use, copy, distribute, publish and modify any and all Feedback on an unrestricted basis, without compensation to you.

Access to the Platform

We may suspend, block, or terminate your ability to access or use the Platform at any time for any reason or for no reason and without liability to you. Upon termination of your access to the Platform, your right to access and use the Platform will immediately and automatically terminate and you will cease using the Platform. Any content you uploaded to the Platform will remain in the government subscriber’s account and accordingly, you will need to contact such government subscriber to get a copy of or delete such content.

Miscellaneous

This Agreement will be governed by and construed, interpreted, and enforced in accordance with the laws of the State of Florida, without reference to its conflicts or choice of law principles. You agree that the sole and exclusive jurisdiction and venue for any and all disputes arising under this Agreement will be in any state or federal court located in or having jurisdiction over Miami-Dade County, Florida. You irrevocably submit and consent to the personal jurisdiction of such courts.

These terms control the relationship between Clarity Value and you. They do not create any third party beneficiary rights.

Our failure to enforce the provisions of this Agreement do not constitute a waiver of our right to enforce them.

If any term or provision of this Agreement will be held to be invalid, illegal, or unenforceable, the remaining terms and provisions of this Agreement will remain in full force and effect, and such invalid, illegal, or unenforceable term or provision will be deemed not to be part of this Agreement.

You may not assign or transfer any of your rights under this Agreement. We can assign or transfer this Agreement at any time without your permission.

Contact Us

With questions, please email us at [email protected].

Last updated: January 24, 2023