Terms of Use

1. Acceptance of Terms

Welcome to the CLARA website. CLARA Analytics, Inc., (“CLARA”) owns and operates www.devclara.wpengine.com and any mobile or affiliated sites we may have now or in the future that refer to these Terms of Use (collectively, the “Site”). CLARA operates the Site to provide information and certain services to visitors (the “Services”).

By using the Site or any Services available through the Site, you agree to comply with and be legally bound by the terms, conditions, and restrictions of these Terms of Use (“Terms”). Please read these Terms and our Privacy Policy (at www.devclara.wpengine.com/privacy, and incorporated herein) carefully. These Terms, together with our Privacy Policy, govern your access to and use of the Site and Services, and constitute a binding legal agreement between you and CLARA. If you do not agree to these Terms, you have no right to obtain information from or otherwise continue using the Site or Services.

Individuals who use the Site are “Users”, and “you” and “your” refer to Users. If you access the Site or accept these Terms on behalf of a company or other legal entity, you represent and warrant that you have the authority to bind that legal entity and, in such event, “you” and “your” will refer to that legal entity. “We”, “us”, or “our” refer to CLARA. In addition, in these Terms, unless the context requires otherwise, words in one gender include all genders and words in the singular include the plural and vice-versa.

2. Modification

CLARA reserves the right, at its sole discretion, to modify or discontinue, temporarily or permanently, the Site, Services or to modify these Terms at any time and without prior notice. If we modify these Terms, we will post the modification on the Site. We will also update the “Last Updated Date” at the top of these Terms. Modifications to these Terms will automatically take effect upon posting. By continuing to access or use the Site after we have posted a modification, you are indicating that you agree to be bound by the modified Terms. If the modified Terms are not acceptable to you, your only recourse is to cease accessing or using the Site.

3. Eligibility

The Site is intended solely for persons who are 18 or older. By accessing or using the Site you represent and warrant that you are not legally prohibited from accessing the Site or using the Services under the laws of the country in which you access or use the Site.

4. About the Site

The Site allows a User to access information and the Services, and provides opportunities for a User to request information or a demonstration, signup for a free trial or newsletter, apply to a position, or engage with CLARA through provided communication options. You agree to provide accurate, current and complete information in all communications with CLARA and in all other use of the Site or Services.

5. User Affirmations, Conduct and Use

By using the Site, you represent, warrant and agree to the following:

• You are at least 18 years of age.
• You are solely responsible for compliance with any and all laws, rules, regulations, or obligations that may apply to your use of the Site.
• Nothing that you upload, publish, represent, warrant or transmit using the Site, will infringe, misappropriate or violate a third party’s patent, copyright, trademark, trade secret, moral rights or other proprietary or intellectual property rights, or rights of publicity or privacy, or result in the violation of any applicable law or regulation.
• You will not use manual or automated software, devices, scripts, redirects, robots, other means or processes to access, “scrape”, “crawl” or “spider” any web pages or other services contained in the Services, or to otherwise systematically retrieve data or other content.
• You will not use the Site for any commercial or other purposes that are not expressly permitted by these Terms.
• You will not copy, store or otherwise access any information contained on the Site for purposes not expressly permitted by these Terms.
• Your will not interfere with or damage the Site, including, without limitation, through the use of viruses, cancel bots, Trojan horses, harmful code, flood pings, denial-of-service attacks, packet or IP spoofing, forged routing or electronic mail address information or similar methods or technology;
• You will not impersonate any person or entity, or falsify or otherwise misrepresent yourself or your affiliation with any person or entity.You will not access, tamper with, or use non-public areas of the Site, CLARA’s computer systems, or any third-party provider system.
• You will not attempt to probe, scan, or test the vulnerability of any CLARA system or network or breach any security or authentication measures.
• You will not avoid, bypass, remove, deactivate, impair, descramble, or otherwise circumvent any technological measure implemented by CLARA or any of CLARA’s providers or any other third party (including another Users) to protect the Site.
• You will not advocate, encourage, or assist any third party in doing any of the foregoing.

CLARA may involve and cooperate with law enforcement authorities in prosecuting Users who violate these Terms.

You acknowledge that CLARA has no obligation to monitor your access to or use of the Site, but has the right to do so for the purpose of operating the Site, to ensure your compliance with these Terms, or to comply with applicable law or the order or requirement of a court, administrative agency or other governmental body.

6. Ownership

The Site is protected by copyright, trademark, and other laws of the United States and foreign countries. You acknowledge and agree that the Site, including all associated intellectual property rights, is the exclusive property of CLARA and its licensors. You will not remove, alter or obscure any copyright, trademark, service mark or other proprietary rights notices incorporated in or accompanying the Site.

7. Links

The Site may contain links to third-party websites or resources. You acknowledge and agree that CLARA is not responsible or liable for: (i) the availability or accuracy of such websites or resources; or (ii) the content, products, or services on or available from such websites or resources. Links to such websites or resources do not imply any endorsement by CLARA. You acknowledge sole responsibility for and assume all risk arising from your use of any such websites or resources or the content, products or services on or available from such websites or resources.

8. Proprietary Rights Notices

All trademarks, service marks, logos, trade names and any other proprietary designations of CLARA used herein are trademarks or registered trademarks of CLARA. Any other trademarks, service marks, logos, trade names and any other proprietary designations are the trademarks or registered trademarks of their respective parties.

9. Disclaimers

IF YOU CHOOSE TO USE THE SITE, YOU DO SO AT YOUR SOLE RISK. THE SITE IS PROVIDED “AS IS” AND “AS AVAILABLE,” WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED. WITHOUT LIMITING THE FOREGOING, CLARA EXPLICITLY DISCLAIMS ANY WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, QUIET ENJOYMENT OR NON-INFRINGEMENT, AND ANY WARRANTIES ARISING OUT OF COURSE OF DEALING OR USAGE OF TRADE. CLARA MAKES NO WARRANTY THAT THE SITE OR SERVICES WILL MEET YOUR REQUIREMENTS OR BE AVAILABLE ON AN UNINTERRUPTED, SECURE, OR ERROR-FREE BASIS. CLARA MAKES NO WARRANTY REGARDING THE QUALITY OF THE SITE OR SERVICES.

10. Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY LAW, THE ENTIRE RISK ARISING OUT OF YOUR ACCESS TO AND USE OF THE SITE OR SERVICES REMAINS WITH YOU. NEITHER CLARA NOR ANY OTHER PARTY INVOLVED IN CREATING, PRODUCING OR DELIVERYING THE SITE OR ANY SERVICES WILL BE LIABLE FOR ANY DIRECT, INCIDENTAL, SPECIAL, EXEMPLARY OR CONSEQUENTIAL DAMAGES, INCLUDING LOST PROFITS, LOSS OF DATA OR LOSS OF GOODWILL, SERVICE INTERRUPTION, COMPUTER DAMAGE OR SYSTEM FAILURE OR THE COST OF SUBSTITUTE PRODUCTS OR SERVICES, OR FOR ANY DAMAGES FOR PERSONAL OR BODILY INJURY OR EMOTIONAL DISTRESS ARISING OUR OF OR IN CONNECTION WITH THESE TERMS, FROM THE USE OF OR INABILITY TO USE THE SITE OR SERVICES, WHETHER BASED ON WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE), PRODUCT LIABILITY OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT CLARA HAS BEEN INFORMED OF THE POSSBILITY OF SUCH DAMAGE, EVEN IF A LIMITED REMEDY SET FORTH HEREIN IS FOUND TO HAVE FAILED OF ITS ESSENTIAL PURPOSE.

11. Assignment

You may not assign or transfer these Terms, by operation of law or otherwise, without CLARA’s prior written consent. Any attempt by you to assign or transfer these Terms, without such consent, will be null and of no effect. CLARA may assign or transfer these Terms, at its sole discretion, without restriction. Subject to the foregoing, these Terms will bind and inure to the benefit of the parties, their successors and permitted assigns.

12. Notices

Unless otherwise specified herein, any notices or other communications permitted or required hereunder, including those regarding modifications to these Terms, will be in writing and given by CLARA by posting to the website or via electronic mail. For notices or communications by CLARA made by e-mail, if any, the date of receipt will be deemed the date on which such notice is transmitted.

13. Controlling Law and Jurisdiction

You agree that (i) the Site shall be deemed solely based in California, and (ii) the Site shall be deemed a passive website that does not give rise to personal jurisdiction over CLARA, either specific or general, in jurisdictions other than California. These Terms shall be governed by the internal substantive laws of the State of California, without respect to its conflict of laws principles. You and we agree to submit to the personal jurisdiction of a state court located in Santa Clara, California.

14. Severability

These Terms are intended to govern the agreement between CLARA and you to the extent permitted by all applicable laws, ordinances, rules, and regulations. If any provision of these Terms or the application thereof to any person or circumstances shall, for any reason or to any extent, be invalid or unenforceable, the remainder of these Terms and the application of such provision to other persons or circumstances shall not be affected thereby, but rather shall be enforced to the greatest extent permitted by law.

15. International Users

CLARA makes no claim that the Site is appropriate or may be downloaded outside the United States. If you access the Site from a location outside the United States, you are responsible for compliance with all applicable laws, rules, regulations or decrees of your jurisdiction.

16. Feedback and Reporting Misconduct

We welcome and encourage you to provide feedback, comments and suggestions (collectively “Feedback”) for improvements to the Site. You may submit feedback by emailing us at support@claraanalytics.com. You acknowledge and agree that all Feedback will be the sole and exclusive property of CLARA and you hereby irrevocably assign to CLARA and agree to irrevocably assign to CLARA all of your right, title, and interest in and to all Feedback, including without limitation all worldwide patent, copyright, trade secret, moral and other proprietary or intellectual property rights therein. At CLARA’s request and expense, you will execute documents and take such further acts as CLARA may reasonably request to assist CLARA to acquire, perfect, and maintain its intellectual property rights and other legal protections for the Feedback.

17. General

The failure of CLARA to enforce any right or provision of these Terms will not constitute a waiver of future enforcement of that right or provision. The waiver of any such right or provision will be effective only if in writing and signed by a duly authorized representative of CLARA. Except as expressly set forth in these Terms, the exercise by either party of any of its remedies under these Terms will be without prejudice to its other remedies under these Terms or otherwise. If for any reason an arbitrator or a court of competent jurisdiction finds any provision of these Terms invalid or unenforceable, that provision will be enforced to the maximum extent permissible and the other provisions of these Terms will remain in full force and effect.

18. Notice to California Residents

If you are a California resident, under California Civil Code § 1789.3, you may contact the Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs in writing at 1625 N. Market Blvd., Suite S-202, Sacramento, California 95834, or by telephone at (800) 952-5210 in order to resolve a complaint regarding the Site or to receive further information regarding use of the Site.

Disclaimer: The original, legally binding version of this document is written in English. If it is translated into other languages by non-native English-speakers or by software, there may be discrepancies between the English version and the translated version. If so, the English version supersedes the translated version