1. By accessing the Service, you represent and warrant that you are at least 18 years old.
4. The text, photographs, video, graphics, metadata, quotes, data, information, the overall look and feel, and all protectable intellectual property available through the Service (Content) is the property of CLEAR. It is provided by CLEAR to you for your personal use and information only. You may not use the Content or Service for any commercial purpose. You may not remove, alter, forward, scrape, copy, sell, distribute, retransmit, create derivative works or otherwise make available the Content to third parties without our prior written consent, except as occasionally permitted by any sharing functionality in the Service that expressly allows you to share Content or links to Content with a few other individuals. You may not reverse engineer, decompile, disassemble or otherwise attempt to discern the source code or architecture of any feature or component of the Service.
5. You acknowledge and agree that all intellectual property rights in the Service and the Content (in whole and in part), including, but not limited to, all copyright and trademarks, are and shall remain the property of CLEAR, its affiliates, and/or our licensors, and you shall not acquire any rights in them. Except for the limited license expressly set forth herein, you are not conferred any right, by implication, estoppel or otherwise, under copyright or other intellectual property rights, either now or in the future.
7. You may be permitted to register or otherwise create a user account, user name or password (your Registration) that allow you to access or receive certain Content or utilize certain features of the Service. You represent and warrant that the information provided in your Registration is complete and accurate to the best of your knowledge, and you will inform us of any changes to your Registration information. You are responsible for the use of any password you create as part of your Registration and for maintaining its confidentiality. We reserve the right to deny, restrict or terminate your access to any Content or feature reached via such Registration process for any reason, in our sole discretion.
9. The Service and Content are provided for informational purposes only. You understand and agree that the Service does not recommend any security, financial product or instrument, nor does mention of a particular security on the Service constitute a recommendation for you to buy, sell, or hold that or any other security, financial product or investment. The Service does not provide tax, legal or investment advice or opinion regarding the suitability, value or profitability of any particular security, portfolio or investment strategy. Neither our licensors nor we shall be liable for any errors, inaccuracies or delays in the Service or any Content, or for any actions taken by you in reliance thereon. You expressly agree that your use of the Service and the Content is at your sole risk.
10. YOU AGREE THAT YOUR ACCESS TO AND USE OF THE SERVICE AND ANY CONTENT, COMPONENT OR FEATURE AVAILABLE THROUGH THE SERVICE IS ON AN AS IS AND AS AVAILABLE BASIS. TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, WE EXPRESSLY DISCLAIM ANY REPRESENTATION OR WARRANTIES, EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION ANY REPRESENTATIONS OR WARRANTIES OF PERFORMANCE, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, ACCURACY, COMPLETENESS, RELIABILITY AND NON-INFRINGEMENT. TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, WE DISCLAIM ALL RESPONSIBILITY FOR ANY LOSS, INJURY CLAIM, LIABILITY, OR DAMAGE OF ANY KIND RESULTING FROM OR RELATED TO ACCESS, USE OR THE UNAVAILBILITY OF THE SERVICE (OR ANY PART THEREOF).
11. TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, CLEAR, AND ITS SHAREHOLDERS, DIRECTORS, OFFICERS, EMPLOYEES, AGENTS, ADVERTISERS, CONTENT PROVIDERS AND LICENSORS (COLLECTIVELY, THE CLEAR PARTIES) WILL NOT BE LIABLE (JOINTLY OR SEVERALLY) TO YOU FOR ANY DIRECT, INDIRECT, CONSEQUENTIAL, SPECIAL, INCIDENTAL, PUNITIVE OR EXEMPLARY DAMAGES, INCLUDING WITHOUT LIMITATION, LOST PROFITS, LOST SAVINGS AND LOST REVENUES, WHETHER IN NEGLIGENCE, TORT, CONTRACT OR ANY OTHER THEORY OF LIABILITY, EVEN IF THE CLEAR PARTIES HAVE BEEN ADVISED OF THE POSSIBILITY OR COULD HAVE FORESEEN ANY SUCH DAMAGES.
12. The Service, or components thereof, may be subject to United States export controls. No Service may be downloaded or otherwise exported or re-exported into (or to a national or resident of) any country to which the United States has embargoed goods, or to anyone on the U.S. Treasury Department list of Specially Designated Nationals or the U.S. Commerce Department's Table of Deny Orders. By using the Service, you represent and warrant that you are not located in, under the control of, or a national or resident of any such country or on any such list.
14. You acknowledge and agree that your subscription payment (and additional users) to CLEAR shall be in Euros €, which amount shall be converted into US Dollars at the conversion rate as of the New York closing of the Forex Market, which is 5:00 pm EST. Upon subscription payment, as well as additional users, you shall receive an invoice indicating the aforementioned closing market current rate for the billing day.
15. When you subscribe, including additional users, to CLEAR Financial Technologies, Inc. services, you acknowledge that payments will be processed automatically (e.g., charged to your credit card or other Payment Method) until you cancel the subscription or the Account. CLEARFinTech.com may revise the pricing for the goods and services offered through the Service, including without limitation subscription plans at any time. YOU ACKNOWLEDGE THAT CLEARFinTech.com IS NOT REQUIRED TO PROVIDE A REFUND FOR ANY REASON AND THAT YOU WILL NOT RECEIVE MONEY BACK FOR PREPAID SUBSCRIPTION WHEN CLOSING THE ACCOUNT, WHETHER SUCH CLOSURE WAS VOLUNTARY OR INVOLUNTARY, UNLESS OTHERWISE REQUIRED BY LAW.
16. This agreement will automatically renew for successive monthly periods for the life of the subscription until canceled. Customers paying by credit card expressly agree to have their credit card account billed monthly for the recurring charges for the life of the subscription including any automatic renewal periods.
17. Additional users will be charged on a pro-rated basis. If additional users start in the middle of a billing cycle, the monthly fee will be pro-rated by the number of days remaining in the cycle, including the day the additional user(s) start. The full monthly fee will be charged on the first day of the next billing cycle. The billing cycle is the day of the month the original subscription was established. If the subscription was established on the 29th to 31st of a month, the default billing cycle will be the first of the month.
18. Cancelled additional users will not be eligible for any refund for any reason for a prepaid subscription. The new reoccurring amount charged in the next billing cycle will reflect the amount minus the cancelled user(s). The amount will be charged accordingly on the default date of your billing cycle.