Terms of Use
Effective date:10 September 2021
PLEASE READ THESE TERMS CAREFULLY BEFORE USING OUR WEBSITE AND SOCIA MEDIA CHANNELS.
By using this website and its social media channels and services, you signify your consent, acceptance of, and compliance to these Terms of use. If you do not agree to these Terms, please do not use the website. These Terms apply to all visitors, users, and others who access or use the Service.
Your access to and use of this website, as well as all related websites operated by WWW.CLARAKING.COM (“Service” or the "Site") are subject to the following terms and conditions (“Terms”) and all applicable laws. By accessing and browsing the Site, you accept, without limitation or qualification, the Terms of use and acknowledge that any other agreements between you and the Site are superseded and of no force or effect:
- You agree that the Site itself, as well as all content, videos, audio, training materials, PDFs, eBooks, products, services and/or other materials, made available on the Site by us or other third parties, as well as the look and feel of all of the foregoing, (collectively referred to as the “Content”) are maintained for your personal use and information by the Site, and are the property of WWW.CLARAKING.COM and/or its content providers. You agree that such Site Content shall include all proprietary videos, HTML/CSS, Javascript, graphics, voice and sound recordings, artwork, photos, documents and text, as well as all other materials included in the Site, excluding only the materials you provide. Subject to your compliance with these Terms of use, the Site hereby grants you a limited license, which is non-exclusive, non-transferable, and non-sublicensable, to access, view, and use the Site solely for your personal purposes. No Site Content may be copied, reproduced, republished, uploaded, posted, transmitted, distributed, used for public or commercial purposes in any way unless written permission is expressly granted by the Site. Modification of the Content or use of the Content for any other purpose is a violation of the copyright and other proprietary rights of WWW.CLARAKING.COM, as well as other authors who created the materials, and may be subject to monetary damages and penalties. You may not distribute, modify, transmit or use the content of the Site or any Content, including any and all software, tools, graphics and/or sound files, for public or commercial purposes without the express written permission of WWW.CLARAKING.COM.
- All Content, such as text, data, graphics files, videos and sound files, and other materials contained in the Site, is copyrighted unless otherwise noted and is the property of the Site and/or a supplier to the Site. No such materials may be used except as provided in these Terms of use.
- All trade names, trademarks, and images and biographical information of people used in the Site Content and contained in the Site, including without limitation the name and trademark”, are either the property of, or used with permission by the Site. The use of Content by you is strictly prohibited unless specifically permitted by these Terms of use. Any unauthorized use of Content may violate the copyright, trademark, and other proprietary rights of the Site and/or third parties, as well as the laws of privacy and publicity, and other regulations and statutes. Nothing contained in this Agreement or in the Site shall be construed as granting, by implication or otherwise, any license or right to use any Trademark or other proprietary information without the express written consent of WWW.CLARAKING.COM or third-party owner. WWW.CLARAKING.COM respects the copyright, trademark and all other intellectual property rights of others. The Site has the right, but has no obligation, to remove content and accounts containing materials that it deems, in its sole discretion, to be unlawful, offensive, threatening, libelous, defamatory, pornographic, obscene or otherwise objectionable or violates any party’s intellectual property or these Terms of use. If you believe that your intellectual property rights are being violated and/or that any work belonging to you has been reproduced on the Site or in any Content in any way, you may notify WWW.CLARAKING.COM through our contact form noted in point 6 below. Please provide your name and contact information, the nature of your work and how it is being violated, all relevant copyright and/or trademark registration information, the location/URL of the violation, and any other information you believe is relevant.
- While WWW.CLARAKING.COM uses reasonable efforts to include accurate and up-to-date information in the Site, the Site makes no warranties or representations as to its accuracy. WWW.CLARAKING.COM assumes no liability or responsibility for any errors or omissions in the content of the Site.
- When you register with the Site and/or this Site, you expressly consent to receive any notices, announcements, agreements, disclosures, reports, documents, communications concerning new products or services, or other records or correspondence from the Site. You consent to receive notices electronically by way of transmitting the notice to you by email.
- If you send comments or suggestions about the Site to WWW.CLARAKING.COM, including, but not limited to, notes, text, drawings, images, designs or computer programs, such submissions shall become, and shall remain, the sole property of the Site. No submission shall be subject to any obligation of confidence on the part of WWW.CLARAKING.COM. The Site shall exclusively own all rights to (including intellectual property rights thereto), and shall be entitled to unrestricted use, publication, and dissemination as to all such submissions for any purpose, commercial or otherwise without any acknowledgment or compensation to you, unless a formal understanding has been signed by you and WWW.CLARAKING.COM. For contact information see: https://www.claraking.com/contact
- The Site shall use commercially reasonable efforts to restrict unauthorized access to our data and files. However, no system whether or not password protected can be entirely impenetrable. You acknowledge that it may be possible for an unauthorized third party to access, view, copy, modify, or distribute the data and files you store using the Site.
Use of the Site is completely at your own risk.
- The Site will not intentionally disclose any personally identifying information about you to third parties, except to course instructors and where the Site, in good faith, believes such disclosure is necessary to comply with the law or enforce these Terms of use. By using the Site, you signify your acceptance of WWW.CLARAKING.COM’s Privacy Policy, https://www.claraking.com/privacy. If you do not agree with this Privacy Policy, in whole or part, please do not use this Site.
- Neither WWW.CLARAKING.COM nor any other party involved in creating, producing, or maintaining the site and/or any content on the site shall be liable under any circumstances for any direct, incidental, consequential, indirect, or punitive damages arising out of your access to or use of the site. Without limiting the foregoing, all content on the site is provided “as is” without warranty of any kind, either expressed or implied, including, but not limited to, the implied warranties of merchantability or fitness for a particular purpose. WWW.CLARAKING.COM does not warrant or make any representations regarding the use of the materials in the site, the results of the use of such materials, the suitability of such materials for any user’s needs or the likelihood that their use will meet any user’s expectations, or their correctness, accuracy, reliability, or correction. WWW.CLARAKING.COM likewise does not warrant or make any representations or guarantees that you will earn any money using the site or the WWW.CLARAKING.COM’s technology or services. You accept all responsibility for evaluating your own earning potential as well as executing your own business and services. Your earning potential is entirely dependent on your own products, ideas, techniques; your execution of your business plan; the time you devote to the program, ideas and techniques offered and utilized; as well as your finances, your knowledge and your skill. Since these factors differ among all individuals, WWW.CLARAKING.COM cannot and does not warrant or make any representations or guarantees regarding your success or income level. The Site does not warrant that use of the materials will be uninterrupted or error free, that defects will be corrected, or that this site, the content, and/or the materials available on this site are free from bugs or viruses or other harmful components. You assume all responsibility for the cost of all necessary repairs or corrections. WWW.CLARAKING.COM shall not be responsible for any performance or service problems caused by any third-party website or third-party service provider. Any such problem shall be governed solely by the agreement between you and that provider. Please note that the applicable jurisdiction may not allow the exclusion of implied warranties. Some of the above exclusions may thus not apply to you.
- WWW.CLARAKING.COM shall not be responsible for any performance or service problems caused by any third-party website or third-party service provider (including, for example, your web service provider service, stripe payment services, your software and/or any updates or upgrades to that software). Any such problem shall be governed solely by the agreement between you and that provider. WWW.CLARAKING.COM reserves the right to determine, in its sole discretion, whether the site is responsible for any such malfunction or disruption. WWW.CLARAKING.COM also reserves the right to limit your use of the site and/or the content or to terminate your account should the Site determine that you have violated these terms of use, or that you have violated any other rules of conduct or conditions of the Site. WWW.CLARAKING.COM reserves the right to refuse access to the site and/or the Site's content, products and/or services to anyone in its sole discretion. WWW.CLARAKING.COM reserves the right to determine, in its sole discretion, whether the site is responsible for any such malfunction or disruption. WWW.CLARAKING.COM may, in its sole discretion, refund the initial fee charged for any use of the site and/or any content or a pro-rata portion thereof consistent with the Site’s refund policy. WWW.CLARAKING.COM shall refuse any refund thirty (30) days after your payment for use of the site and/or any content, either pursuant to the Site’s customer license agreement or otherwise, regardless of the reason for disruption.
- In no event shall WWW.CLARAKING.COM be liable for any special, incidental, indirect, punitive, reliance or consequential damages, whether foreseeable or not, including, but not limited to, damage or loss of property, equipment, information or data, loss of profits, revenue or goodwill, cost of capital, cost of replacement services, or claims for service interruptions or transmission problems, occasioned by any defect in the site, the content, and/or related materials, the inability to use services provided hereunder or any other cause whatsoever with respect thereto, regardless of theory of liability. This limitation will apply even if the Site has been advised or is aware of the possibility of such damages.
- You agree to indemnify and hold WWW.CLARAKING.COM and each of its directors, officers employees, and agents, harmless from any and all liabilities, claims, damages and expenses, including reasonable attorney’s fees, arising out of or relating to (i) your breach of this Agreement, (ii) any violation by you of law or the rights of any third party, (iii) any materials, information, works and/or other content of whatever nature or media that you post or share on or through the Site, (iv) your use of the Site or any services that the Site may provide via the Site, and (v) your conduct in connection with the Site or the services or with other users of the Site or the services. WWW.CLARAKING.COM reserves the right to assume the exclusive defense of any claim for which we are entitled to indemnification under this Section. In such event, you shall provide WWW.CLARAKING.COM with such cooperation as is reasonably requested by WWW.CLARAKING.COM.
- The provisions of these Terms of use are for the benefit of WWW.CLARAKING.COM, its subsidiaries, affiliates and its third party content providers and licensors, and each shall have the right to assert and enforce such provisions directly or on its own behalf.
- This agreement shall be governed by and construed in accordance with the laws of the Province of Alberta, without giving effect to any principles of conflicts of law. You further submit to the exclusive jurisdiction of the province and federal courts sitting in Calgary, Alberta, Canada. If any provision of this agreement shall be unlawful, void, or for any reason unenforceable, then that provision shall be deemed severable from this agreement and shall not affect the validity and enforceability of any remaining provisions.
- These Terms may be revised from time to time by updating this posting. You are bound by any such revisions and should therefore periodically visit this page to review the then current Terms of use to which you are bound. We may update our Terms from time to time. We will notify you of any changes by posting the new Terms on this page. We will let you know via email and/or a prominent notice on our Service, prior to the change becoming effective and update the "effective date" at the top of this Terms Policy. You are advised to review this Policy periodically for any changes. Changes to this Policy are effective when they are posted on this page.
- By using the Site, you accept the policies and restrictions set forth in this policy. If you do not agree to this policy, please do not use the Site. This policy may be revised from time to time by updating this posting. You are bound by any such revisions and should therefore periodically visit this page to review the then current policy to which you are bound.
- If you have any questions about these Terms, please contact us by visiting this page on our website: https://www.claraking.com/contact