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Terms of Use

Last Updated: April 22, 2023
 

These Terms of Use ("Terms") are an agreement ("Agreement") between you and ClearIdea Marketing, LLC (“we”, “us” or “our”) governing your use of our website and services, including materials made available therein (the “Online Services”).  By browsing and/or otherwise using the Online Services, you agree to be bound by these Terms, as well as our Privacy Policy.  IF YOU DO NOT AGREE TO THESE TERMS OF USE, YOU ARE NOT PERMITTED TO ACCESS OR USE OUR ONLINE SERVICES.  

For purposes hereof, “you” or “your” shall include yourself, the applicable Customer and any entity on behalf of which you use the Online Services.  If you do not agree to all of these terms of use, you may not access, browse and/or use the Online Services.  The material provided on the Online Services is protected by law, including, but not limited to, United States copyright law and international treaties.

We reserve the right, at our sole discretion, to change, modify, add or remove portions of these Terms of Use, at any time. It is your responsibility to check these Terms periodically for changes. Your continued use of the Site following the posting of changes will mean that you accept and agree to the changes. We retain the right at our sole discretion to deny access to anyone to the Online Services we offer, at any time and for any reason, including, but not limited to, for violation of these Terms.

 

Eligibility

You must be 18 years of age or older in order to use the Online Services, including to register for an account, use the Website or submit reviews or other User Content (defined below).  

 

Account Registration

You may register or create a user account. You are responsible for keeping your login credentials confidential and safe. By registering, you agree to be fully responsible for all activities that occur under your username and password. You are required to immediately inform us via the contact details indicated in this document, if you think your personal information, including but not limited to user accounts, access credentials or personal data, have been violated or stolen.

 

Use of the Online Services

As a condition of your use of the Online Services, you agree to do the following:

Comply with all applicable laws, including, without limitation, privacy laws, intellectual property laws, and regulatory requirements;

 

You will not, nor will you assist or encourage others to:

Exercise undue influence or manipulation over others’ feedback, such as by asking reviewers to edit or delete their review.

 

Submit, email, transmit, or otherwise make available or initiate any content that:

Is unlawful, libelous, abusive, obscene, discriminatory or otherwise objectionable;

Includes information that you do not have the right to disclose or make available under any law or under contractual or fiduciary relationships (such as insider information, or proprietary and confidential information learned or disclosed as part of employment relationships or under nondisclosure agreements);

 

Infringes upon patents, trademarks, trade secrets, copyrights, privacy rights, rights of publicity, or any other intellectual or proprietary rights;

 

Includes any unsolicited or unauthorized advertising, promotional materials, “junk mail,” “spam,” “chain letters,” “pyramid schemes,” or any other form of solicitation;

Contains software viruses, worms, or any other computer code, files or programs that could interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment of ours or any user of ours;

Duplicate, license, sublicense, publish, broadcast, transmit, distribute, perform, display, sell, rebrand, or otherwise transfer information found on our Website (excluding User Content submitted by you) except as permitted in these Terms, or as expressly authorized by us;

Reverse engineer, decompile, disassemble, decipher or otherwise attempt to derive the source code for the Services or any underlying intellectual property used to provide the Services, or any part thereof;

Utilize or copy information, content or any data you view on or obtain from us to provide any service that is competitive, in our sole discretion, with us or to create a searchable database of reviews or content available on us;

 

Collect, use, copy, download, or transfer any information, including, but not limited to, personal information obtained from us except as expressly permitted in these Terms or as the owner of such information may expressly permit;

Record, process or mine information about other users;

Use manual or automated software, devices, scripts robots, other means or processes to access, “scrape,” “crawl” “spider,” or index any web pages or any other portion of the Online Services;

Engage in “framing,” “mirroring,” or otherwise simulating the appearance or function of our Online Services or content except as expressly permitted by Us (such as through our approved API);

Attempt to gain unauthorized access to the Online Services, user accounts, or our systems or networks through hacking, password mining or other means;

Engage in any action that directly or indirectly interferes with the proper working of or places an unreasonable load on our infrastructure;

Post reviews on services or products offered by your current employer or by direct competitors of your current employer’s services or products, or on any products or services for which you have a conflict of interest;

Threaten, harm, or harass others, and/or

Log in using an alias that masks your true identity.

 

Ownership and Intellectual Property

As between you and us, you own the content you submit (“User Content”). We own all content other than User Content, including all features, graphics, design, code, compilation of User Content, Website, aggregate reviews and ratings, and all other components of the Online Services. The Services are protected by copyright, trademark, and other laws of the United States and foreign countries. Except as expressly provided in these Terms, We and our licensors exclusively own all right, title and interest in and to the Online Services, including all associated intellectual property rights. You will not remove, alter or obscure any copyright, trademark, service mark or other proprietary rights notices incorporated in or accompanying the Services.

 

All trademarks, service marks, logos, trade names and any other proprietary designations of ours used herein are trademarks or registered trademarks of ours and may not be copied, imitated or used, in whole or in part, without our prior written permission. All other trademarks, registered trademarks, product names and company names or logos mentioned in the Services are the property of their respective owners.

 

If you believe that your work has been copied in a way that constitutes copyright infringement, please provide us with the following information, as required by the Online Copyright Infringement Liability Limitation Act of the Digital Millennium Copyright Act, 17 U.S.C. Sec. 512:

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

(b) identification of the copyright 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 Website;

(c) 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, as well as information reasonably sufficient to permit us to locate the material;

(d) information reasonably sufficient to permit us to contact the complaining party;

(e) a statement that the complaining party has 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; and

(f) 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 breached.

 

For copyright inquiries under the Digital Millennium Copyright Act, please contact:

Phone: 318-533-5467

Email: info@clearideamarketing.com

Mailing address: ClearIdea Marketing, LLC, 1800 Forsythe Avenue, Suite 2, #221; Monroe, LA 71201

 

Upon receipt of a copyright inquiry under the Digital Millennium Copyright Act, we will remove, or disable access to, the material claimed to be infringing.

You recognize and agree that by uploading any and or all content through the Website, you confirm that you own all the relevant rights and you grant us a worldwide, perpetual, irrevocable, royalty-free, non-exclusive, transferable and sub-licensable license to use the User Content for any purpose, including to use, publish, reformat, copy, distribute, reproduce, modify, edit, adapt, publicly perform, translate, and create derivative works from such User Content, in whole or in part, in any format or medium now known or developed in the future, including without limitation for providing, promoting and redistributing part or all of the Online Services (and derivative works thereof) in any media formats and through any media channels, without any further consent, notice and/or compensation to you or to any third-parties. You agree that you will not submit or otherwise publish any User Content that:

 (a) is libelous or defamatory;

 (b) is obscene, pornographic, or otherwise offensive;

 (c) is abusive or harmful (or threatens to abuse or harm) to any person or entity;

 (d) infringes another person’s or entity’s intellectual property rights or any other rights, including copyrights, trademark, or the right of publicity or privacy;

 (e) violates any law or regulation;

 (f) advocates illegal activity;

 (g) advertises a product or service; or

 (h) solicits funds, goods, or services.

 

If you submit or publish any User Content that violates this agreement, we may terminate your account at its sole discretion.

 

Any and all of your feedback about the Online Services, such as suggestions for corrections, updates, alterations, changes, or modifications to the Online Services will be our property and you hereby assign any rights in such feedback to us, without payment to you.

 

Disclaimer

We disclaim all express and implied warranties, including warranties of merchantability, fitness for a particular purpose, title, compatibility, security, suitability, reliability, availability, accuracy, non-infringement, and usefulness, with respect to the Online Services and the content. We shall not be liable for any errors or omissions in the content. We shall not be liable for any loss or damage that may result from its use or non-performance. The Online Services and all content are provided “as is” and on an “as available” basis without warranties of any kind, either expressed or implied. These can include warranties of merchantability or fitness for a particular purpose. Neither we nor any of our licensors, suppliers, or vendors warrants that the Online Services and content will be accurate, complete, uninterrupted, or free of other harmful components.

IF YOU ARE DISSATISFIED WITH ANY PORTION OF THE WEBSITES OR ANY OF THESE TERMS, EXCEPT AS REQUIRED BY APPLICABLE LAW, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USING THE WEBSITES AND SERVICES

 

Limitation of Liability

To the maximum extent permitted by applicable law, in no event and under no circumstances shall we and our affiliates be liable for any direct, indirect, incidental, special, punitive or consequential damages. These damages may include loss of revenue, lost business, lost profits, or lost sales. Whether foreseeable or not, we are not liable for damages from your use of any Online Services or content that result from mistakes, omissions, interruptions or deletions of files, errors or defects in the Online Services or content, delays in operation, transmission or failure of performance.

If, notwithstanding the other provisions of these Terms, we are found to be liable to you for any damage or loss which arises out of or is in any way connected with your use of the Website or any Content, our liability shall in no event exceed US$100.00. Some jurisdictions do not allow limitations of liability, so the foregoing limitation may not apply to you.

 

Indemnification

You agree to indemnify, defend, and hold Us harmless from and against any and all claims, liabilities, demands, settlements, damages, losses, and expenses of any kind (including, but not limited to, reasonable attorneys’ fees and costs) arising out of or relating in any way to (1) your failure to comply with these Terms, (2) your submission of User Content or (3) your use of the Online Services.

 

Dispute Resolution

In the event of any controversy or dispute between you and us arising out of or in connection with your use of the Website, the parties shall attempt, promptly and in good faith, to resolve any such dispute. If we are unable to resolve any such dispute within a reasonable time (not to exceed thirty (30) days), then either party may submit such controversy or dispute to mediation. If the dispute cannot be resolved through mediation, then the parties shall be free to pursue any right or remedy available to them under applicable law.
 

You agree that all matters relating to your access to or use of the Website, including all disputes, will be governed by the laws of the State of Louisiana without regard to its conflicts of laws provisions. You agree to the personal jurisdiction by and venue in the state and federal courts in Ouachita Parish, Louisiana, and waive any objection to such jurisdiction or venue. The preceding provision regarding venue does not apply if you are a consumer based in the European Union. If you are a consumer based in the European Union, you may make a claim in the courts of the country where you reside. Any claim under these Terms must be brought within one (1) year after the cause of action arises, or such claim or cause of action is barred. No recovery may be sought or received for damages other than out-of-pocket expenses, except that the prevailing party will be entitled to costs and attorneys’ fees.

 

Ownership and Links to Third-Party Sites

Unless otherwise stated, all content provided on this Website, including, but not limited to, the text and images contained herein and their arrangement, is owned by or licensed to us. You may only use the content for informational, non-commercial purposes.  The information provided on this Website is for informational purposes only and does not create a business or professional services relationship between you and us. You may not copy, reproduce, publish, distribute, modify, or create derivative works from, sell, or exploit in any way the Website or content provided in this Website. Screen/web scraping, crawling, extraction or collection of the content of the Site is prohibited. All rights not expressly granted are reserved.
 

We include links to third party websites. We are not responsible for and do not endorse any content, services, products or other materials on or available from third party sites. Accordingly, if you decide to use third party sites you do so at your own risk. We shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with your use of or reliance on any linked websites. These Terms do not apply to your use of any third party site. The third-party websites may have their own terms of Service and privacy policy to which you may be bound.

 

Miscellaneous

If any of the provisions of these Terms are held by a court or other tribunal of competent jurisdiction to be void or unenforceable, such provisions shall be limited or eliminated to the minimum extent necessary and replaced with a valid provision that best embodies the intent of these Terms of Use, so that these Terms shall remain in full force and effect. These Terms constitute the entire agreement between you and us with regard to your use of the Website, and any and all other written or oral agreements or understandings previously existing between you and us with respect to such use are hereby superseded and cancelled.
 

Our failure to insist on or enforce strict performance of these Terms shall not be construed as a waiver by us of any provision or any right we have to enforce these Terms, nor shall any course of conduct between you and us or any other party be deemed to modify any provision of these Terms. These Terms shall not be interpreted or construed to confer any rights or remedies on any third parties.

 

Contact

For answers to your questions, you can email us at: info@clearideamarketing.com.

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