Welcome to clearTXT. clearTXT Inc. ("clearTXT") provides its services to you, subject to the following Terms of Use ("TOU"), which may be updated from time to time without notice to you.
You can review the most current version of our TOU at any time through www.clearTXT.com. By accessing, browsing, and using the clearTXT services, you accept, without limitation or qualification, these TOU. If you do not wish to be bound by these TOU, you may not access or use the clearTXT services.
clearTXT Services
The clearTXT services comprise the clearTXT.com services as well as the clearTXT services accessed through schools’ e-learning systems (e.g., Blackboard). clearTXT may add additional features to the current Services, change or eliminate features, change nomenclature, and make other changes at any time which will be subject to these TOU.
You acknowledge and agree that the Services are provided "AS IS" and that clearTXT assumes no responsibility for the timeliness, deletion, mis-delivery or failure to store any user communications or personalizations.
In order to use the Services, you must obtain access to the World Wide Web, either directly through devices that access web-based content, and pay any service and/or telephony fees associated with such access. In addition, you must provide all equipment necessary to make such connection to the World Wide Web, including a computer and modem or other access device. clearTXT does not provide these devices.
You understand and agree that the Services may include advertisements and these advertisements are necessary for clearTXT to provide its Services. You also understand and agree that the Services may include certain communications form clearTXT, including service announcements and administrative messages, and that these communications are considered part of your registration.
Privacy Policy
Because like you, we are Internet users concerned about privacy, we also are concerned about your right to privacy while accessing clearTXT and using the Services. clearTXT is an opt-in (i.e., permission based) system. Please take the opportunity to review our PRIVACY POLICY.
Registration Obligations
In consideration of your use of the Services, you agree to (a) provide true, accurate, current and complete information about yourself as prompted by the Service's registration form (such information being "Your Data"), and (b) maintain and promptly update Your Data to keep it true, accurate, current and complete. If you provide any information that is untrue, inaccurate, not current or incomplete, or clearTXT has reasonable grounds to suspect that such information is untrue, inaccurate, not current or incomplete, clearTXT has the right to suspend or terminate your account and refuse any and all current or future use of the Services, or any portion thereof.
To use the Services, you will need to register with clearTXT and obtain an account and password. If you are a member of a school that uses an e-learning system such as Blackboard, you grant permission for clearTXT to access and store your data from Blackboard. The information you provide clearTXT during the registration process will help us in offering content, customer service, and network management. clearTXT maintains strict control of your data (i.e., your username, password, email address, mobile phone number, or name) and will not sell your data to any third parties. You are solely responsible for maintaining the confidentiality of your account(s) and password(s). Furthermore, you are responsible for all activities, charges, and liabilities associated with your account(s). You must immediately notify clearTXT of any unauthorized use of your account(s), and you are responsible for any unauthorized charges made on or through your account(s) until clearTXT receives such notification. You may not transfer your account(s) to another person. In cases where you have authorized or registered another individual, including a minor, to use your account(s), you are fully responsible for (i) the online conduct of such user; (ii) controlling the user's access to and use of the Services; and (iii) the consequences of any misuse. In the event that you are a minor, clearTXT reserves the right to provide access to your account to your parents, guardian or other authorized adult, upon such adult's request. For additional information on how we use your information, please see our PRIVACY POLICY. Your obligations with respect to registration are described below.
Copyright
You acknowledge that clearTXT, clearTXT.com and their Services, any underlying technology used in connection with clearTXT, clearTXT.com, or their Services and all software, material, information, communications, text, graphics, links, electronic art, animations, audio, video, photos, and other data (collectively, the "Content") available within the clearTXT are provided by clearTXT or third-party providers and are the copyrighted works of clearTXT and/or such third parties. Except as expressly authorized by clearTXT or such third parties in this TOU or as may be posted on the Services, you may not copy, reproduce, publish, distribute, modify, create derivative works of, rent, lease, sell, transfer, display, transmit, compile or collect in a database, or in any manner commercially exploit any part of the Content or the Services, in whole or in part. You may not store any significant portion of any Content or the Services owned by, or licensed to clearTXT in any form, whether archival files, computer-readable files, or any other medium. You also may not "mirror" any Content or the Services on any other server.
You acknowledge that clearTXT and/or third-party providers remain the owners of the Content and that you do not acquire any intellectual property rights in such Content by downloading or printing the Content.
Links
Some links on the clearTXT website lead to sites posted by independent site owners. Because clearTXT has no control over these sites, clearTXT is not responsible for such sites' accessibility via the Internet and does not endorse products, services, or information provided by such sites. As such, clearTXT 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, use or reliance on any User or other Content, goods, or services available on or through any other site. Further, the inclusion of these links does not imply that the other sites have given permission for inclusion of these links, or that there is any relationship between clearTXT and the linked sites. clearTXT is an independent operating company and reference to other companies do not imply any partnership, joint venture, or other legal connection where clearTXT would be responsible for the actions of their respective owners.
Conduct
You may only access the clearTXT, clearTXT.com, and use the Services for lawful purposes. You are solely responsible for the knowledge of and adherence to any and all laws, rules, and regulations pertaining to your use of the Services. You agree that you will not: (i) use the Services to commit a criminal offense or to encourage conduct that would constitute a criminal offense or give rise to a civil liability, or otherwise violate any local, state, Federal, or international law or regulation, including, but not limited to, export control laws and regulations governing the transmission or retransmission of technical data from the United States; (ii) upload, post, e-mail, or otherwise transmit any unlawful, threatening, libelous, harassing, defamatory, vulgar, obscene, pornographic, profane, invasive of another's privacy, hateful, or ethnically, racially or otherwise objectionable User Content; (iii) upload, post, e-mail, or otherwise transmit any User Content that you do not have a right to transmit; (iv) upload, post, e-mail, or otherwise transmit any User Content that infringes any patent, trademark, trade secret, copyright, or other proprietary rights of any party; (v) alter, damage, or delete any Content or other communications that are not your own or to otherwise interfere with the ability of others to access or use the Services; (vi) disrupt the normal flow of communication or otherwise act in a manner that negatively affects other users' ability to engage in real-time exchanges; (vii) claim a relationship with or to speak for any individual, business, association, institution, or other organization for which you are not authorized to claim such a relationship; (viii) upload, post, e-mail, or otherwise transmit any unsolicited advertising, promotional materials, or other forms of solicitation to other users including, without limitation, "junk mail," "spam," "chain letters," or "pyramid schemes"; (ix) interfere with or disrupt the Services or servers or networks connected to the Services, or disobey any requirements, procedures, policies, or regulations of networks connected to the Services; (x) collect or store personal data about other users; (xi) reproduce, duplicate, copy, use, distribute, sell, resell, or otherwise exploit for any commercial purposes, any portion of clearTXT, the clearTXT.com website or the Services; (xii) harm minors in any way; (xiii) stalk or otherwise harass another; or (xiii) collect or store personal information about other users without their permission.
You acknowledge that clearTXT does not pre-screen User Content, but that clearTXT shall have the right (but not the obligation) in its sole discretion to refuse or move any User Content that is available through any part of clearTXT or clearTXT.com. Without limiting the foregoing, clearTXT has the right to remove any User Content that violates the TOU or is otherwise objectionable. You agree and acknowledge that clearTXT may preserve User Content and may disclose User Content if required to do so by law or in the good faith belief that any such preservation or disclosure is reasonably necessary to comply with legal process, enforce the TOU, respond claims that any User Content violates the rights of third parties or protect the rights, property or personal safety of clearTXT, its users and the public.
Disclaimer of Warranty
You agree that your access to the clearTXT website, including any use within a Blackboard installation or other e-learning system, and your use of the services is at your own risk. Neither clearTXT, nor its officers, directors, employees, affiliates, or agents warrant that the services will be uninterrupted or error-free; nor do they make any warranty as to the results that may be obtained from the use of the services or as to the accuracy, reliability, suitability or content of the services.
clearTXT services are provided on an "as is," "as available" basis without representations or warranties of any kind, either express or implied, including, but not limited to, implied warranties of merchantability, fitness for a particular purpose or audience, and non-infringement. In no event will clearTXT or its directors, officers, employees, affiliates, or agents be liable to you or any third party for any incidental, indirect, special, or consequential damages (even if clearTXT has been advised of the possibility of such damages), arising out of your use of or inability to access clearTXT services, including without limitation, loss of revenue or anticipated profits, loss of goodwill, lost business, lost data, computer failure or malfunction, or any and all other damages or losses that result from mistakes, omissions, interruptions, deletions of files, errors, defects, viruses, delays in operation or transmission, or any failure of performance, whether or not limited to acts of god, communications failure, theft, destruction, or unauthorized access to clearTXT 's records, programs, or services. Because some jurisdictions do not allow the exclusion or limitation of liability for consequential or incidental damages, in such states clearTXT 's liability is limited to the greatest extent permitted by law.
Nothing in this disclaimer shall affect the statutory rights of any consumer or exclude or restrict any liability for death or personal injury arising from the negligence or fraud of clearTXT.
Indemnification
You agree to indemnify and hold clearTXT, and its affiliates, officers, agents, partners, and employees, harmless from any claim or demand, including reasonable attorney's fees, made by any third party due to or arising out of user content you submit, post to, email, or otherwise transmit through the services, your use of the services, your connection to the services, or your breach of these terms of use.
Trademark Notice
clearTXT, clearTXT.com (design and word), be in the know, clearTXT logos, and the unique trade dress of behind the clearTXT and clearTXT.com are the trademarks, service marks, trade dress, and logos of clearTXT inc. All other trademarks, service marks, trade dress, and logos used in clearTXT websites, the clearTXT services are the trademarks, service marks, trade dress, and logos of their respective owners.
Local Laws
clearTXT controls and operates the clearTXT.com websites and services from its headquarters in the United States and makes no representation that the content is appropriate or available for use in other locations. If you use the clearTXT websites or services from other locations, you are responsible for compliance with applicable local laws, including, but not limited to, export and import regulations of other countries. Unless otherwise explicitly stated, all marketing or promotional materials found on the clearTXT websites and services are solely directed to individuals, companies, or other entities located in the United States.
Modifications to the Service
clearTXT reserves the right at any time and from time to time to modify or discontinue, temporarily or permanently, the clearTXT websites and services (or any part thereof) with or without notice. You agree that clearTXT will not be liable to you or to any third party for any modification, suspension, or discontinuance of the services.
Termination
You may discontinue your participation in and access to the services at any time. The Terms of Use will continue to apply to all past use of the services by you, even if you are no longer using them. You acknowledge and agree that clearTXT and its affiliates may terminate or block your use of all or part of the services and clearTXT websites and services, without prior notice for any reason, including, without limitation, if clearTXT believes you have engaged in conduct prohibited by the Code of Conduct, the Privacy Policy, or this Terms of Use. You agree that upon termination or discontinuance for any reason, we may delete all information related to you on the services and may bar your access to the clearTXT websites and services.
General
By accessing the clearTXT websites and services, you agree to the above stated terms. This agreement is entered into in the state of North Carolina and shall be construed in accordance with the laws of North Carolina, exclusive of its choice of law rules. Each party submits to the exclusive jurisdiction of the state and federal courts having jurisdiction in North Carolina, and waives any jurisdictional, venue, or inconvenient forum objections to such courts. In any action to enforce this agreement, the prevailing party will be entitled to costs and attorney fees. In the event that any provisions of this agreement are held to be unenforceable, such provisions shall be limited or eliminated to the minimum extent necessary so that this agreement shall otherwise remain in full force and effect. This agreement and any posted guidelines or rules applicable to certain services within clearTXT constitutes the entire understanding between the parties pertaining to the subject matter hereof, and any prior written or oral agreements between the parties are expressly canceled. Please report any violations to support@clearTXT.com.