VISITOR AGREEMENT

Visitor Agreement

Terms of Use

Welcome to the CLEAResult Consulting, Inc. (“CLEAResult”) website. This website is a service of CLEAResult. By using this website, you agree to the terms of this visitor agreement (“Visitor Agreement”). You should read this Visitor Agreement carefully. If you don’t accept the terms of this Visitor Agreement, please don’t use the CLEAResult website. Each time you use this website in the future, you agree to the terms of the Visitor Agreement as it exists at the time of your use.

You may view, copy or print pages from this site solely for personal, non-commercial purposes, provided that you maintain all copyright notices, trademark legends and other proprietary rights notices. Any other use is prohibited. You may not use, modify, copy, print, display, reproduce, distribute or publish any information from this site for any other purpose without CLEAResult’s express permission. CLEAResult may make changes to this site or to the services or products described in this site at any time, without notice. You shall not use this website in any way that, as determined by CLEAResult in its sole discretion, violates any applicable law or any third party’s property rights or that restricts or inhibits any other user from using this website. You shall not post on or transmit through this website any unlawful, harmful, threatening, abusive, harassing, defamatory, vulgar, obscene, sexually explicit, profane, hateful, racially or ethnically objectionable or otherwise objectionable material of any kind, including any material that encourages conduct that would constitute a criminal offense, give rise to civil liability or otherwise violate applicable laws. Any conduct, communication or content that, in the sole discretion of CLEAResult, (i) violates applicable law, or (ii) is harmful or objectionable to individual users or to CLEAResult or (iii) infringes any rights of CLEAResult or any third party is prohibited. We cannot ensure prompt removal of questionable content after online posting, however. CLEAResult and its representatives do not assume liability for any action or inaction with respect to conduct, communication or content on this website.

No Guarantee of Reliability or Security

We try to provide accurate information through our website, but we do not guarantee, and are not responsible for, information you find on our website.

CLEAResult does not endorse any particular third parties, or their sites, merely because we provide a link to their website. To obtain access to certain services through the CLEAResult website, you may be given an opportunity to register with CLEAResult. As part of any such registration process, you will select a Login Name and password. You agree that the information you supply during that registration process will be accurate and complete and that you will not register using a fictitious name or under the name of, nor attempt to enter our site under the name of, another person. CLEAResult reserves the right to reject or terminate any Login Name that it deems offensive. You will be responsible for preserving the confidentiality of your password and will notify CLEAResult of any known or suspected unauthorized use of your account.

Ownership of Information

“CLEAResult” and our logo are registered trademarks of CLEAResult. All other trademarks, product names, and company names and logos appearing on this website are the property of their respective owners. User must obtain permission from those owners before copying or using the owner’s trademarks, product names and company names and logos.

The information, data, software, photographs, graphs, videos, graphics, music, sounds, page headers, custom graphics, button icons and other materials contained on this website (collectively, the “Content”) are protected by copyrights, trademarks, trade secrets and other proprietary rights. These rights are valid and protected in all forms, media and technologies now existing or hereafter developed. In addition, this website is copyrighted as a collective work under the US copyright laws, and CLEAResult owns a copyright in the selection, coordination, arrangement and enhancement of all Content. You may not modify, remove, delete, augment, add to, publish, transmit, participate in the transfer or sale of, create derivative works from or in any way exploit any of the Content, in whole or in part.

By posting or otherwise transmitting any information or other material to CLEAResult, you hereby grant CLEAResult a non-exclusive, royalty-free, worldwide, perpetual license, with the right to sublicense, to reproduce, distribute, transmit, create derivative works of, publicly display and publicly perform such materials (including, without limitation, ideas contained therein for new or improved products and services) by all means and in any media now known or hereafter developed, subject at all times to the provisions of this Visitor Agreement protecting your privacy. You also grant to CLEAResult the right to use your name and other identifying information in connection with any materials submitted to public areas of the website (such as bulletin boards, forums and newsgroups) in connection with all advertising, marketing and promotional material related thereto. You agree that you shall have no recourse against CLEAResult for any alleged or actual infringement or misappropriation of any proprietary right in your communications to us.

No Warranties

THE INFORMATION PROVIDED AT OR THROUGH THIS WEBSITE IS PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO WARRANTIES OF TITLE, NON-INFRINGEMENT, NON-INTERFERENCE, OR IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. NEITHER CLEARESULT NOR ITS AFFILIATES OR LICENSORS WARRANT THAT THIS WEBSITE SERVICE WILL BE UNINTERRUPTED OR ERROR FREE OR FREE FROM SERVICE DEGRADATION OR THAT ANY INFORMATION, SOFTWARE OR OTHER MATERIAL ACCESSIBLE AT OR THROUGH THIS WEBSITE IS FREE FROM VIRUSES, WORMS, TROJAN HORSES OR OTHER CODE THAT MANIFESTS CONTAMINATING OR DESTRUCTIVE PROPERTIES.

This website may be temporarily unavailable for scheduled or unscheduled maintenance, equipment modifications or upgrades and for other reasons within and outside of the direct control of CLEAResult. You are responsible for implementing sufficient procedures to satisfy your particular requirements for the accuracy of information obtained through this website. Although CLEAResult employs security measures, CLEAResult cannot guarantee the security of this website or information provided through this website or that viruses, worms, Trojan horses or other code that manifests contaminating or destructive properties will be detected or remediated by CLEAResult.

Limitations on CLEAResult's Liability

NOTWITHSTANDING ANYTHING ELSE IN THIS AGREEMENT, NEITHER CLEARESULT NOR ITS AFFILIATES OR LICENSORS WILL BE LIABLE OR OBLIGATED UNDER THIS AGREEMENT OR UNDER ANY CONTRACT, NEGLIGENCE, STRICT LIABILITY OR OTHER LEGAL OR EQUITABLE THEORY FOR ANY LOSS OR CORRUPTION OF DATA OR DELAYED OR INTERRUPTED USE OF THIS WEBSITE OR ACCESS TO THE INTERNET, FOR ANY INDIRECT, SPECIAL, INCIDENTAL, PUNITIVE OR CONSEQUENTIAL DAMAGES OR LOST PROFITS OR FOR ANY LACK OR BREACHES OF SECURITY OF THIS WEBSITE OR STORAGE OF YOUR DATA.

These limitations apply whether the claim is based on breach of contract, breach of warranty, negligence, product liability or any other basis, and apply whether or not CLEAResult was informed of the likelihood of any particular type of damages. If you are dissatisfied with this website, or if you have any other dispute with CLEAResult relating to this website, then your sole and exclusive remedy is to discontinue using this website. Some of the disclaimers and exclusions in this Visitor Agreement may not apply to you because some states do not allow the disclaimer of certain warranties or the exclusion of liability for consequential or incidental damages. In any such case, the liability of CLEAResult shall be limited to the greatest extent permitted by law.

Miscellaneous

This Visitor Agreement has been made in and will be construed in accordance with the laws of the State of Oregon. By using the CLEAResult website, you consent to the exclusive jurisdiction of the state and federal courts in Oregon, in all disputes arising out of or relating to this Visitor Agreement and your use of the CLEAResult website. Any cause of action or claim you believe you may have with respect to the CLEAResult website or any CLEAResult service or product obtained through the CLEAResult website must be brought within one (1) year after the alleged claim or cause of action arises. Any failure to insist upon or enforce strict performance of any provision of this Visitor Agreement will not be construed as a waiver of any provision or right. Neither the course of conduct between the parties nor trade practice will act to modify any provision of this Visitor Agreement.

We reserve the right to suspend service or deny access to our website for any reason. Neither such termination of access, nor any action or inaction by you or any other user of this website, shall suspend or terminate your obligations under this Visitor Agreement.

General SMS Terms and Conditions

Effective Date: 4/30/2018

PLEASE READ THESE TERMS AND CONDITIONS (“TERMS”) CAREFULLY. BY FOLLOWING THE OPT-IN INSTRUCTIONS BELOW, YOU EXPRESSLY CONSENT TO RECEIVE MARKETING AND NON-MARKETING TEXT MESSAGES FROM CLEARESULT CONSULTING, INC. (“CLEARESULT,” “US,” OR “WE”) AND OTHERS TEXTING ON OUR BEHALF, INCLUDING TEXT MESSAGES GENERATED BY AN AUTODIALER, TO THE NUMBER YOU USE TO SEND THE OPT-IN TEXT. YOU MAY OPT OUT OF THESE COMMUNICATIONS AT ANY TIME, AND CONSENT TO RECEIVE MARKETING TEXT MESSAGES IS NOT REQUIRED TO PURCHASE GOODS OR SERVICES.

YOU ALSO ACCEPT AND AGREE TO BE BOUND BY THESE SMS TERMS AND CONDITIONS, ANY APPLICABLE PROGRAM TERMS OF USE, AND OUR PRIVACY POLICY.

Program Description

By participating in our SMS program, you agree to receive exclusive SMS text offers and deals from CLEAResult sent on our behalf and on behalf of our clients through your mobile device.

Eligibility

You must be a legal resident of the United States and over the age of 18. If you are under 18 or are not a resident of the United States, please immediately opt out using the instructions below.

Message Frequency

By signing up, you agree to receive up to five (5) text messages from CLEAResult per month.

Costs

Message and data rates may apply to each text message sent or received in connection with CLEAResult SMS messages. For more pricing information, please contact your mobile carrier. We do not impose any additional fees for participating in our text message campaigns.

How to Opt-In

Text JOIN to the 82048 to receive up to five (5) text messages per month with national deals. Standard message and data rates may apply.

How to Opt-Out

Text STOP to the 82048 to stop receiving messages from CLEAResult. You will receive a text message confirming your decision to opt out of receiving further SMS communications. A single opt-out will only remove you from the specific marketing program tied to your particular short code. The program name will be indicated in the message confirming your decision to opt out.

Support/Help Information

For additional information, text HELP to the 82048 or contact [email protected].

Supported Mobile Carriers

AT&T, Sprint, T-Mobile^®, Verizon Wireless, Boost, Cricket, MetroPCS, U.S. Cellular, Virgin Mobile, ACS Wireless, Appalachian Wireless, Bluegrass Cellular, Carolina West Wireless, Cellcom, C-Spire Wireless (formerly Cellsouth), Cellular One of East Central Illinois, Cincinnati Bell Wireless, Cross (dba Sprocket), Duet IP, Element Mobile, EpicTouch, GCI Communications, Golden State, Hawkeye (Chat Mobility), Hawkeye (NW Missouri Cellular), Illinois Valley Cellular, Immix (Keystone Wireless / PC Management), Inland Cellular, iWireless, Mobi PCS (Coral Wireless LLC), Mosaic, MTPCS / Cellular One (Cellone Nation), Nex-Tech Wireless, nTelos, Panhandle Telecommunications, Peoples Wireless, Pioneer, Plateau, Revol Wireless, Rina - Custer, Rina - All West, Rina - Cambridge Telecom Coop, Rina - Eagle Valley Comm, Rina - Farmers Mutual Telephone Co, Rina - Nucla Nutria Telephone Co, Rina - Silver Star, Rina - South Central Comm, Rina - Syringa, Rina - UBET, Rina - Manti, South Canaan / CellularOne of NEPA, Thumb Cellular, Union Wireless, United, Viaero Wireless, West Central Wireless, Leaco, Nemont/Sagebrush. T-Mobile^® is not liable for delayed or undelivered messages.

Termination of Text Messaging

We may suspend or terminate your participation in our text messaging campaign(s) if we believe you are in breach of these SMS Terms and Conditions. Your receipt of our text messages is also subject to termination if your mobile telephone services terminates or lapses. We reserve the right to modify or discontinue, temporarily or permanently, all or a part of our text messages, with or without notice.

Changes to Terms and Conditions

We may revise, modify, or amend these SMS Terms and Conditions at any time. Any such revision, modification, or amendment shall take effect when we post new terms on our website. You agree to review these SMS Terms and Conditions periodically to ensure you are aware of any changes. Your continued consent to receive CLEAResult text messages will indicate your acceptance of those changes.

Governing Law

Your use of this service and any dispute arising under these Terms and Conditions shall be governed by and construed under the law of the State of Texas, without regard to conflict of law rules.

Arbitration

Any dispute or claim that relates to these Terms and Conditions, their interpretation or breach, or to the existence, scope, or validity of the Terms or this arbitration provision, shall be resolved by arbitration by the American Arbitration Association in accordance with its Commercial Arbitration Rules and judgment upon the award rendered pursuant to such arbitration may be entered in any court with jurisdiction. The parties acknowledge that mediation helps parties settle their disputes and any party may propose mediation whenever appropriate through the American Arbitration Association or any mediator selected by the parties. Any dispute or claim for which a party seeks injunctive relief, even if contrary to the language of this Section, may be brought in the state and federal courts in Travis County, Texas, and such courts shall be the proper and exclusive forum for any such action.

Indemnification; Limit on Liability

You represent that you are the account holder or authorized user for the mobile telephone number that you use to opt-in. You are responsible for notifying us immediately if you change your mobile telephone number. You may inform us of such a change by emailing [email protected].

To the fullest extent permitted by law, you agree to indemnify, defend, reimburse, and hold harmless CLEAResult and its successors, its directors, officers, members, employees, representatives, and agents from, for, and against any and all allegations, claims, liens, liabilities, losses, demands, damages, expenses, suits, actions, proceedings, judgments, and costs of any kind whatsoever, whether actual or merely alleged and whether directly incurred or from a third party, including without limitation, You agree to indemnify us in full for all claims, expenses, and damages related to or caused in whole or in party by your failure to notify us if you change your telephone number. This indemnity includes, but is not limited to, all claims, expenses, and damages related to or arising under the Telephone Consumer Protection Act.

Disclaimer of Warranties

TO THE EXTENT PERMITTED BY LAW, WE MAKE NO REPRESENTATIONS OR WARRANTIES REGARDING THE SERVICE, APPLICATIONS OR CONTENT THAT YOU RECEIVE FROM US, AND DISCLAIM ANY WARRANTIES OR REPRESENTATIONS, EXPRESS OR IMPLIED, INCLUDING ANY WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR USE. THIS SERVICE OFFERED TO THE PUBLIC BY PROVIDER COULD INCLUDE INACCURACIES, OTHER ERRORS OR MAY NOT FUNCTION IN THE MANNER YOU ANTICIPATED. FURTHERMORE, WE ARE NOT RESPONSIBLE FOR CIRCUMSTANCES BEYOND OUR CONTROL, INCLUDING, WITHOUT LIMITATION, ACTS OR OMISSIONS OF OTHERS, ATMOSPHERIC CONDITIONS OR ACTS OF GOD. WE DO NOT PROMISE ERROR-FREE SERVICE. WE WILL NOT BE LIABLE FOR ANY DELAYS IN THE RECEIPT OF ANY SMS MESSAGES AS DELIVERY IS SUBJECT TO THE EFFECTIVE TRANSMISSION FROM YOUR NETWORK OPERATOR.