Effective Date: August 2022
- 1.1 Scope. These Terms of Service (“Terms”) govern your use of the services made available by Clear-Com LLC (“Clear-Com,” “we,” or “us”) through our Agent-IC® mobile app and Station-IC desktop client.
- Agent-IC, which is available through the Google Play and the Apple App Store (“Service”), enables you to access and use certain traditional Clear-Com intercom systems owned and/or operated by you via mobile phones and tablets.
- Station-IC, which is available through the following links: https://clearcom.me/sic-windows-zip, https://clearcom.me/sic-mac-dmg, and https://clearcom.me/sic-mac-zip, enables you to access and use certain traditional Clear-Com intercom systems owned and/or operated by your desktop, laptop or tablets.
- Your use of the Service constitutes your acceptance of these Terms. If you do not agree with these Terms at any time, you agree to immediately cease use of the Service. YOU AGREE THAT THESE TERMS ARE ENFORCEABLE LIKE ANY WRITTEN CONTRACT SIGNED BY YOU. IF YOU DO NOT AGREE WITH ALL OF THESE TERMS, PLEASE DO NOT ACCESS OR USE EITHER SERVICE.
- 1.2 Updates; No Support Obligation. We reserve the right to modify these Terms prospectively at any time. We will post any changes to these Terms on our website and will indicate the date the Terms were last revised. Your continued use of the Service after any such change constitutes your acceptance of the updated Terms. You acknowledge and agree that Clear-Com will have no obligation to provide you with any support or maintenance in connection with either Service.
- 1.3 NOTICE OF BINDING ARBITRATION AND CLASS ACTION WAIVER. TO THE FULLEST EXTENT PERMITTED BY LAW, ANY DISPUTE OR CLAIM RELATED TO THESE TERMS, OR ARISING OUT OF YOUR ACCESS TO OR USE OF THE SERVICE, MUST BE RESOLVED BY ARBITRATION ON AN INDIVIDUAL BASIS AND MAY NOT BE ARBITRATED OR OTHERWISE PURSUED AS A CLASS ACTION. PLEASE SEE SECTION 9 BELOW.
2. The Services.
- 2.1. Fees. Each Service is currently provided free of charge to you, although you are responsible for any third party fees that you may incur when using the Service, including any Internet connection fees. We reserve the right in the future to provide updated functionality, services and offerings via our Services to you (“New Clear-Com Offerings”) which may or may not be provided free of charge. You will be informed of any changes or updates to the Services, including with respect to any New Clear-Com Offerings, where Clear-Com charges you for your use of a Service in advance of your incurrence of any such charges.
- 2.2. Registration. You must register a user account (“Account”) with us in order to use either Service. When you register, you will be asked to disclose certain personal information about yourself, including your name, organization name, email address, and phone number (collectively, “Personal Information”). As described more fully in our Privacy Statement, we will use your Personal Information solely for purposes of delivering to you any Services you elect to receive.
- 2.3. Responsibility for Your Account. You agree to provide us with true, accurate and complete Personal Information as requested in the registration process and to set up your Account on the Service platform, and to update such information promptly from time to time as necessary to keep it current and accurate. You are solely responsible for any authorized or unauthorized access to or use of your Account by any person, and for all fees and charges incurred for a Service by your Account. You are also responsible for any sales taxes, use taxes, or other taxes applicable to your use of a Service. You agree to notify us promptly (at firstname.lastname@example.org) regarding any unauthorized access to or use of your Account.
- 2.4. Eligibility. Neither Service is not available to individuals under the age of 18 or to any user whose access we have terminated for any reason.
3. Intellectual Property.
- 3.1. Ownership. The Services and all content related thereto, including without limitation, all text, software, graphics, photos, sounds, interactive features and any trademarks, service marks and logos contained in the Services (collectively, “Materials”) are owned by Clear-Com or licensed to us, subject to copyright, trademark and other intellectual property rights under United States and foreign laws and international conventions. Subject to the foregoing, you own any and all content and materials that you upload to a Service from time to time (“User Uploaded Content”) and herby grant Clear-Com a nonexclusive, worldwide, fully paid up, royalty free license to display, improve or otherwise use any User Uploaded Content to provide and render each Service to you. Clear-Com may provide User Uploaded Content and other data on each Service available for your personal download and personal use. Irrespective of the availability of any User Uploaded Content or data available for download, you are solely responsible for maintaining and keeping backup copies of all User Uploaded Content. Clear-Com is not responsible for and hereby disclaims any and all liability for any lost data or corrupted data concerning or relating to any User Uploaded Content or the Service. For the avoidance of doubt, Materials do not contain any User Uploaded Content.
- 3.2. Restrictions on Use of Materials. No Materials from the Services may be copied, reproduced, republished, uploaded, posted, transmitted, or distributed in any way without the prior written consent of Clear-Com. You agree not to circumvent, disable, or otherwise interfere with security related features of the Services or features that prevent or restrict use or copying of any Materials or content. Modification of any Materials or unauthorized use of any Materials is a violation of our copyrights and proprietary rights, or of other entities or persons where so indicated, unless we or the owner has provided such Materials for such express purpose in writing and in advance of any such use. All design rights, databases and compilation and other intellectual property rights associated with the Services, in each case whether registered or unregistered, and related goodwill, are proprietary to Clear-Com.
- 3.3. License Grant. Subject to the terms and conditions of these Terms, Clear-Com grants you a non exclusive, revocable, limited license to access and use each Service solely for the purposes set forth in these Terms. This license will terminate upon any termination of the Terms or upon any suspension, termination or cancellation of your access to the relevant Service.
- 3.4. Additional Restrictions. You agree not to do any of the following: (a) reverse engineer, decompile, disassemble, translate, modify, alter or otherwise change the Service, or any part thereof; (b) attempt to derive the source code or structure of the Services, or any part thereof; (c) remove from the Services, or alter, any of Clear-Com’s or any of our licensors’ trademarks, trade names, logos, patent or copyright notices, or other notices or markings; or (d) distribute, sublicense or otherwise transfer access to the Services to others.
- 3.5. Feedback. You are under no obligation to provide Clear-Com with any feedback, corrections or suggestions regarding the Services. In the event that you provide any Feedback to Clear-Com regarding the Services, including any improvements, corrections or modifications thereto (collectively, “Feedback”), you hereby grant to Clear-Com a world-wide, fully-paid-up and royalty-free, perpetual, irrevocable, non-terminable, non-exclusive right to integrate and use and otherwise exploit all such Feedback in Clear-Com’s products and services, including the Services, without restriction.
All Personal Information that you provide to us through the Services will be held and used in accordance with our Privacy Statement, which may be accessed here.
- 5.1. Service Interruptions and Unavailability. The Services may be temporarily unavailable from time to time for maintenance or other reasons. Clear-Com assumes no responsibility for any error, omission, interruption, deletion, defect, delay in operation or transmission, communications line failure, theft or destruction or unauthorized access to, or alteration of, user communications. Clear-Com is not responsible for any technical malfunction or other problems of any telephone network or service, computer system, server or provider, computer or mobile phone equipment, or software, including injury or damage to your or to any other person’s computer, mobile device, or other hardware or software, related to or resulting from using a Service. Under no circumstance will Clear-Com be responsible for any loss or damage resulting from your use of a Service.
- 5.2. Modifications and Discontinuance of the Service. Clear-Com reserves the right to modify or discontinue either Service, in whole or in part, at any time without notice.
- 5.3. Service Provided “As-Is.” YOU EXPRESSLY AGREE THAT USE OF EACH SERVICE IS AT YOUR SOLE RISK AND IS PROVIDED ON AN “AS IS” BASIS WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, WARRANTIES OF TITLE OR IMPLIED WARRANTIES OF NON-INFRINGEMENT, OR FITNESS FOR A PARTICULAR PURPOSE (EXCEPT ONLY TO THE EXTENT PROHIBITED UNDER APPLICABLE LAW). CLEAR-COM DOES NOT REPRESENT OR WARRANT THAT EITHER SERVICE IS ACCURATE, COMPLETE, RELIABLE, CURRENT OR ERROR-FREE OR THAT EITHER SERVICE IS FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. To the extent that applicable law does not allow limitations of implied warranties, some or all of the limitations or exclusions in this Section 5 may not apply to you.
6. Limitations on Liability.
IN NO EVENT WILL CLEAR-COM OR ITS DIRECTORS, OFFICERS, EMPLOYEES, CONTRACTORS, PARTNERS OR AGENTS BE LIABLE TO YOU FOR ANY CONSEQUENTIAL, INCIDENTAL OR OTHER SPECIAL OR INDIRECT DAMAGES (INCLUDING FOR ANY LOST BUSINESS PROFITS) OR FOR PUNITIVE OR EXEMPLARY DAMAGES, HOWEVER CAUSED AND ON ANY THEORY OF LIABILITY, ARISING FROM YOUR USE OF A SERVICE, EVEN IF CLEAR-COM IS AWARE OR HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
SOME JURISDICTIONS DO NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OF CONSEQUENTIAL DAMAGES, SO SOME OF THE ABOVE LIMITATIONS OR EXCLUSIONS MAY NOT APPLY TO YOU IF THE LAW OF SUCH JURISDICTION APPLIES TO YOU AND THESE TERMS.
We may terminate your access to a Service for any reason, or no reason, at any time in our sole discretion, with or without notice.
8. Governing Law.
Any claim, dispute or cause of action arising from these Terms or any use of either Service (“Dispute”) shall be governed and construed in accordance with the laws of the State of California , without reference to any conflicts of law provisions therein.
9. Dispute Resolution; Class Action Waiver.
- 9.1. YOUR AGREEMENT TO ARBITRATE YOUR CLAIMS. YOU SHOULD CAREFULLY REVIEW THIS SECTION 9. TO THE EXTENT PERMITTED BY APPLICABLE LAW, YOU ACKNOWLEDGE AND AGREE TO GIVE UP YOUR RIGHT TO GO TO COURT TO ASSERT OR DEFEND YOUR RIGHTS EXCEPT FOR MATTERS THAT YOU FILE IN SMALL CLAIMS COURT IN THE STATE OR MUNICIPALITY OF YOUR RESIDENCE WITHIN THE JURISDICTIONAL LIMITS OF THE SMALL CLAIMS COURT AND AS LONG AS SUCH MATTER IS ONLY PENDING IN THAT COURT. YOUR RIGHTS WILL BE DETERMINED BY A NEUTRAL ARBITRATOR AND NOT A JUDGE OR JURY. YOU ARE ENTITLED TO A FAIR HEARING BUT THE ARBITRATION PROCEDURES MAY BE SIMPLER AND MORE LIMITED THAN RULES APPLICABLE IN COURT. AN ARBITRATOR’S DECISION IS AS ENFORCEABLE AS ANY COURT ORDER AND IS SUBJECT TO A VERY LIMITED REVIEW BY A COURT. YOU EXPRESSLY AGREE TO THIS SECTION 9 AS A CONDITION OF ACCESSING OR USING THE SERVICE.
- 9.2. Informal Dispute Procedures. For any Dispute you have with Clear-Com or concerning these Terms, you agree to first contact us at email@example.com and to attempt to resolve such Dispute informally.
- 9.3. Arbitration. In the unlikely event that we are unable to resolve any Dispute you bring to our attention after sixty (60) days, and for any other Dispute we raise, you and Clear-Com agree that, except where prohibited by law, all Disputes shall be resolved individually and exclusively by final and binding arbitration administered by JAMS, and conducted before a single arbitrator, all pursuant to the JAMS Comprehensive Arbitration Rules and Procedures that are in effect at the time arbitration is initiated (the “JAMS Rules”). For more information on JAMS, the JAMS Rules, or the process for filing an arbitration claim, you may call JAMS at (800) 352 5267 or visit the JAMS website at www.jamsadr.com.
- 9.4. No Class Actions or Class Wide Relief. You and Clear-Com agree to the following with respect to the arbitration of any Dispute hereunder: (a) ANY CLAIM MUST BE BROUGHT IN YOUR INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE PROCEEDING; (b) THE ARBITRATOR MAY NOT CONSOLIDATE MORE THAN ONE PERSON’S CLAIMS, MAY NOT OTHERWISE PRESIDE OVER ANY FORM OF A REPRESENTATIVE OR CLASS PROCEEDING AND MAY NOT AWARD CLASS-WIDE RELIEF; (c) the arbitration will be held at a location in your hometown area unless you and we both agree to another location or telephonic arbitration; (d) in the event that you are able to demonstrate that the costs of arbitration will be prohibitive as compared to the costs of litigation, we will pay as much of your filing and hearing fees in connection with the arbitration as the arbitrator deems necessary to prevent the arbitration from being cost-prohibitive as compared to the cost of litigation; (e) we reserve the right, in our sole discretion, to assume responsibility for any or all of the costs of the arbitration; (f) the arbitrator will honor claims of privilege and privacy recognized at law; (g) the arbitration will be confidential, and neither you nor we may disclose the existence, content, or results of any arbitration, except as may be required by applicable law or for purposes of enforcement of the arbitration award; (h) the arbitrator may award any individual relief or individual remedies that are expressly permitted by applicable law; and (i) each party will pay its own attorneys’ fees and expenses, unless there is a statutory provision that requires the prevailing party to be paid its fees and litigation expenses and the arbitrator awards such attorneys’ fees and expenses to the prevailing party, and, in such instance, the fees and costs awarded will be determined by the applicable law. ANY RIGHT TO A TRIAL BY JURY, WHETHER ON AN INDIVIDUAL OR A CLASS BASIS, IS HEREBY WAIVED.
- 9.5. Survival. This Section 9 will survive termination of these Terms or your right to access or use the Services. With the exception of the subpart prohibiting arbitration on a class or collective basis, if any part of this arbitration provision is deemed to be invalid, unenforceable, or illegal, or otherwise conflicts with the JAMS Rules, then the balance of this provision will remain in effect and will be construed in accordance with its terms as if the invalid, unenforceable, illegal, or conflicting part was not contained herein. If for any reason a claim proceeds in court rather than in arbitration, the Dispute will be exclusively brought in federal court if it has jurisdiction or, if it does not, in a state court located in the federal judicial district of your residence.
You agree to indemnify and hold harmless Clear-Com, and its directors, officers, agents, contractors, partners and employees, from and against any loss, liability, claim, demand, damages, costs and expenses, including reasonable attorney’s fees, arising out of or in connection with any of your conduct in connection with the Services, or any violation of these Terms or of any law or rights of any third party.
These Terms constitute the entire agreement between you and Clear-Com regarding your use of either Service, superseding any prior agreements between you and Clear-Com relating to your use of either Service. The failure of Clear-Com to exercise or enforce any right or provision of these Terms shall not constitute a waiver of such right or provision in that or any other instance. If any provision of these Terms is held invalid, the remainder of these Terms shall continue in full force and effect. If any provision of these Terms shall be deemed unlawful, void or for any reason unenforceable, then that provision shall be deemed severable from these Terms and shall not affect the validity and enforceability of any remaining provisions.
If you have any questions regarding the Services or these Terms, please contact us by sending an email to support@clearcom.