The legal stuff...
Terms and Conditions
Your access to and use of this website ("the Website") is subject exclusively to these Terms and Conditions. You will not use the Website for any purpose that is unlawful or prohibited by these Terms and Conditions. By using the Website you are fully accepting the terms, conditions and disclaimers contained in this notice. If you do not accept these Terms and Conditions you must immediately stop using the Website.
Advice
The contents of the Website do not constitute advice and should not be relied upon in making or refraining from making, any decision.
Changes to Website, Software, and Services
Cleartrail Consulting LLC reserves the right to:
Links to Third Party Website's
The Website may include links to third party website's that are controlled and maintained by others. Any link to other website's is not an endorsement of such website's and you acknowledge and agree that we are not responsible for the content or availability of any such sites.
Copyright
The Intellectual Property Rights in this website and the materials on or accessible via it belong to 'Cleartrail Consulting LLC ' or its licensors. This website and the materials on or accessible via it and the Intellectual Property Rights therein may not be copied, distributed, published, licensed, used or reproduced in any way (save to the extent strictly necessary for, and for the purposes of, accessing and using this website).
'Cleartrail Consulting LLC ' and the Cleartrail Logo are trade marks which belong to 'Cleartrail Consulting LLC ' and they may not be may not be used, copied or reproduced in any way without written consent from us.
For these purposes "Intellectual Property Rights" includes the following (wherever and when ever arising and for the full term of each of them): any patent, trade mark, trade name, service mark, service name, design, design right, copyright, database right, moral rights, know how, trade secret and other confidential information, rights in the nature of any of these items in any country, rights in the nature of unfair competition rights and rights to sue for passing off or other similar intellectual or commercial right (in each case whether or not registered or registrable) and registrations of and applications to register any of them.
Limitation Of Liability
The Website is provided on an "AS IS" and "AS AVAILABLE" basis without any representation or endorsement made and without warranty of any kind whether express or implied, including but not limited to the implied warranties of satisfactory quality, fitness for a particular purpose, non-infringement, compatibility, security and accuracy.
To the extent permitted by law, we will not be liable for any indirect or consequential loss or damage whatever (including without limitation loss of business, opportunity, data, profits) arising out of or in connection with the use of the Website.
We make no warranty that the functionality of the Website will be uninterrupted or error free, that defects will be corrected or that the Website or the server that makes it available are free of viruses or anything else which may be harmful or destructive.
Nothing in these Terms and Conditions shall be construed so as to exclude or limit the liability of Cleartrail Consulting LLC for death or personal injury as a result of the negligence of Cleartrail Consulting LLC or that of its employees or agents.
Indemnity
You agree to indemnify and hold Cleartrail Consulting LLC and its employees and agents harmless from and against all liabilities, legal fees, damages, losses, costs and other expenses in relation to any claims or actions brought against us arising out of any breach by you of these Terms and Conditions or other liabilities arising out of your use of this Website.
Severability
In the event that any provision of this Agreement is declared by any judicial or other competent authority to be void, voidable, illegal or otherwise unenforceable or indications of the same are received by either you or us from any relevant competent authority, we shall amend that provision in such reasonable manner as achieves the intention of the parties without illegality or, at our discretion, such provision may be severed from this Agreement and the remaining provisions of this Agreement shall remain in full force and effect.
Applicable Law and Dispute
We operate this Web Site in the United States. Information contained on the Web Site may not be appropriate or available for use in other locations, and access to this Web Site from territories where the content of the Web Site may be illegal is prohibited. If you access the Web Site from other locations, you do so on your own initiative and you are solely responsible for compliance with applicable local laws. These Terms of Use shall be governed by, construed and enforced in accordance with the laws of the State of California, as it is applied to agreements entered into and to be performed entirely within such State, and will specifically not be governed by the United Nations Convention on Contracts for the International Sale of Goods, if otherwise applicable any action you bring relating in any way these Terms of Use or any matters related to this Web Site shall be brought in either the State or Federal Courts located in Santa Clara County, California and you expressly consent to the jurisdiction of said courts. If any provision of this Agreement is void or unenforceable in whole or in part, the remaining provisions of this Agreement shall not be affected thereby. Any cause of action you may have with respect to your use of this Web Site must be commenced within one (1) year after the claim or cause of action arises, otherwise the cause shall be forever barred. No software from the Web Site may be downloaded, exported or re-exported (i) into (or to a national or resident of) any countries that are subject to U.S. export restrictions, or (ii) to anyone on the U.S. Treasury Department's list of Specially Designated Nations or the U.S. Commerce Department's Table of Deny Orders. You represent and warrant that you are not located in, under the control of, or a national or resident of any such country on any such list.
Entire Agreement
These terms and conditions together with any documents expressly referred to in them, contain the entire Agreement between us relating to the subject matter covered and supersede any previous Agreements, arrangements, undertakings or proposals, written or oral: between us in relation to such matters. No oral explanation or oral information given by any party shall alter the interpretation of these terms and conditions. In agreeing to these terms and conditions, you have not relied on any representation other than those expressly stated in these terms and conditions and you agree that you shall have no remedy in respect of any misrepresentation which has not been made expressly in this Agreement.
The contents of the Website do not constitute advice and should not be relied upon in making or refraining from making, any decision.
Cleartrail Consulting LLC reserves the right to:
- change or remove (temporarily or permanently) the Website or any part of it without notice and you confirm that Cleartrail Consulting LLC shall not be liable to you for any such change or removal.
- change, remove, or discontinue any software, service, or promotion (including but not limited to any previsions, parts thereof, licensing, pricing) as advertised on this website at any time without notice and you confirm that Cleartrail Consulting LLC shall not be liable for any such change or removal.
- change or discontinue any promotional discount vouchers or coupon codes at anytime with notice and you confirm that Cleartrail Consulting LLC shall not be liable for any such change or removal.
- change this Agreement at any time, and your continued use of the Website following any changes shall be deemed to be your acceptance of such change.
The Website may include links to third party website's that are controlled and maintained by others. Any link to other website's is not an endorsement of such website's and you acknowledge and agree that we are not responsible for the content or availability of any such sites.
The Intellectual Property Rights in this website and the materials on or accessible via it belong to 'Cleartrail Consulting LLC ' or its licensors. This website and the materials on or accessible via it and the Intellectual Property Rights therein may not be copied, distributed, published, licensed, used or reproduced in any way (save to the extent strictly necessary for, and for the purposes of, accessing and using this website).
'Cleartrail Consulting LLC ' and the Cleartrail Logo are trade marks which belong to 'Cleartrail Consulting LLC ' and they may not be may not be used, copied or reproduced in any way without written consent from us.
For these purposes "Intellectual Property Rights" includes the following (wherever and when ever arising and for the full term of each of them): any patent, trade mark, trade name, service mark, service name, design, design right, copyright, database right, moral rights, know how, trade secret and other confidential information, rights in the nature of any of these items in any country, rights in the nature of unfair competition rights and rights to sue for passing off or other similar intellectual or commercial right (in each case whether or not registered or registrable) and registrations of and applications to register any of them.
The Website is provided on an "AS IS" and "AS AVAILABLE" basis without any representation or endorsement made and without warranty of any kind whether express or implied, including but not limited to the implied warranties of satisfactory quality, fitness for a particular purpose, non-infringement, compatibility, security and accuracy.
To the extent permitted by law, we will not be liable for any indirect or consequential loss or damage whatever (including without limitation loss of business, opportunity, data, profits) arising out of or in connection with the use of the Website.
We make no warranty that the functionality of the Website will be uninterrupted or error free, that defects will be corrected or that the Website or the server that makes it available are free of viruses or anything else which may be harmful or destructive.
Nothing in these Terms and Conditions shall be construed so as to exclude or limit the liability of Cleartrail Consulting LLC for death or personal injury as a result of the negligence of Cleartrail Consulting LLC or that of its employees or agents.
You agree to indemnify and hold Cleartrail Consulting LLC and its employees and agents harmless from and against all liabilities, legal fees, damages, losses, costs and other expenses in relation to any claims or actions brought against us arising out of any breach by you of these Terms and Conditions or other liabilities arising out of your use of this Website.
In the event that any provision of this Agreement is declared by any judicial or other competent authority to be void, voidable, illegal or otherwise unenforceable or indications of the same are received by either you or us from any relevant competent authority, we shall amend that provision in such reasonable manner as achieves the intention of the parties without illegality or, at our discretion, such provision may be severed from this Agreement and the remaining provisions of this Agreement shall remain in full force and effect.
We operate this Web Site in the United States. Information contained on the Web Site may not be appropriate or available for use in other locations, and access to this Web Site from territories where the content of the Web Site may be illegal is prohibited. If you access the Web Site from other locations, you do so on your own initiative and you are solely responsible for compliance with applicable local laws. These Terms of Use shall be governed by, construed and enforced in accordance with the laws of the State of California, as it is applied to agreements entered into and to be performed entirely within such State, and will specifically not be governed by the United Nations Convention on Contracts for the International Sale of Goods, if otherwise applicable any action you bring relating in any way these Terms of Use or any matters related to this Web Site shall be brought in either the State or Federal Courts located in Santa Clara County, California and you expressly consent to the jurisdiction of said courts. If any provision of this Agreement is void or unenforceable in whole or in part, the remaining provisions of this Agreement shall not be affected thereby. Any cause of action you may have with respect to your use of this Web Site must be commenced within one (1) year after the claim or cause of action arises, otherwise the cause shall be forever barred. No software from the Web Site may be downloaded, exported or re-exported (i) into (or to a national or resident of) any countries that are subject to U.S. export restrictions, or (ii) to anyone on the U.S. Treasury Department's list of Specially Designated Nations or the U.S. Commerce Department's Table of Deny Orders. You represent and warrant that you are not located in, under the control of, or a national or resident of any such country on any such list.
These terms and conditions together with any documents expressly referred to in them, contain the entire Agreement between us relating to the subject matter covered and supersede any previous Agreements, arrangements, undertakings or proposals, written or oral: between us in relation to such matters. No oral explanation or oral information given by any party shall alter the interpretation of these terms and conditions. In agreeing to these terms and conditions, you have not relied on any representation other than those expressly stated in these terms and conditions and you agree that you shall have no remedy in respect of any misrepresentation which has not been made expressly in this Agreement.
Cleartrail Consulting LLC reserves the right to add, delete, or modify any provision this Agreement at any time without notice.
Privacy Policy
Cleartrail Consulting LLC and our divisions (we, our, us) are deeply committed to protecting the privacy of Internet users and our customers. Accordingly, we adhere to industry guidelines and will continue to review and improve our privacy policy and procedures to ensure the safety and protection of customer's information. This Privacy Policy represents our commitment to you. Below is information regarding our commitment to protecting the privacy of Internet users and our customers.
The Information We Collect
In all the services provided by us, we require you to provide information that is relevant to that particular service. This information is collected solely for the purposes of providing you with products or services you have requested.
For message boards and chat rooms, we collect only the information that you provide to us.
For correspondence regarding requests for service, problems with your site, billing, and other issues, we track that information and make it available to you as a customer. All billing history and other historical information is available for our customers through our secure client service area of our website.
We use cookies to save your login and password so you don't have to re-enter them each time you visit our site.
We may use 3rd party ads on our site. These ads may contain cookies. While we use cookies in other parts of our Website, cookies received with banner ads are collected by these 3rd party companies, and we do not have access to this information.
Our site's registration form requires users to give us contact information (such as their name, email, and postal address). Contact information from the registration forms is used to get in touch with the customer when necessary.
How We Use Information
Internally, we use the information provided to us to improve our marketing and promotional campaigns. We look at site usage to improve content, offer new products and services, and potentially customize layout depending on the browser you are using. Based on this high-level tracking, we make attempts to give you targeted information based on your interests, such as banners and other promotional materials.
We use return email addresses to answer the email we receive. The sole use of these addresses is for correspondence and they are not otherwise shared in any other way.
For our customers and clients, we use your email address and/or phone number to contact you regarding various technical or administrative issues. Billing information is handled through the account information supplied to us or, if you should so elect, special invoicing.
The information that we maintain about you is used to resolve grievances, analyze various technical or other problems, and enforce our Terms of Service. Our applications typically provide login information which allows us to get direct access to your specific information which is used to solve these problems.
Disclosure of Information
We do NOT sell, rent, or otherwise redistribute any information about you to any third party without your prior consent. The option to distribute your information is always changeable through various account profile screens.
We do NOT provide overall usage information to advertisers for promotional purposes.
For those third parties that we work with that use our services, information may be required to use their services. Before using those services, we highly recommend that you review their terms and conditions as well as their privacy statement.
Our Commitment to Data Security
To prevent unauthorized access, maintain data accuracy, and ensure the correct use of information, we have put in place appropriate physical, electronic, and managerial procedures to safeguard and secure the information we collect online.
Our Commitment to Children's Privacy
Protecting the privacy of children is important to us. For this reason, we never collect or maintain information at our website from those we actually know are under 13, and no part of our website is structured to attract anyone under 13. For this reason, users attempting to access various services may be restricted from doing so due to this constraint. We can only restrict access if we are able to determine the age of the user of our service.
How to Access or Correct Your Information
You should never disclose your username and password to anyone. You may be held accountable if you lose control of your password and are found at fault. If you feel your password has been compromised in any form, you should immediately change your password and notify us of the occurrence. All your information is reviewable through application specific account profiles. Each application has facilities to allow that access at easy to find places within the application.
Third Party Services
Our privacy policy governs the information that you supply to us. For those third parties that make use of other applications and services, different rules may exist on their disclosure of information your provide to them. Since we are unable to control their privacy policies, we strongly urge you to request access to their disclosure policies before giving any information about yourself.
How to Contact Us
This privacy policy should be considered in conjunction with our Terms and Conditions for service where appropriate. Upon request, we will remove any information from our applications. To make this request, please email the site operator with the information that you'd like to have removed, as well as enough information for us to identify you in your request. You may also make the request on our online inquiry form.
For your protection, never put your credit card number or other sensitive information in unencrypted email.
We will retain a history of any request to remove information in order to resolve disputes, troubleshoot problems, and enforce our Terms and Conditions.
Due to system backups, we may still retain certain historical information. Since backups are required, we cannot totally guarantee that your information is completely removed from our systems. However, we will make our best effort to accommodate your requests for information removal within our technical limitations.
Implication of Consent
By conducting electronic commerce transactions on our web site, you consent to our use and collection of the information you provide for the purposes of the transaction and other specified uses. If we decide to change our privacy guidelines, we will post the changes on this page or other privacy statement pages so that you are aware of what information we collect, how it will be used and with whom the information will be shared. By continuing to use our sites after a change is posted, you agree to the applicable version of these guidelines. Please refer to this policy before making a transaction or sharing personal information. To correct any inaccuracies in information provided to us please send an email message to the site operator.
If you wish to provide feedback or if you have any questions, complaints, or comments regarding our privacy statement or policies please contact the site operator through the contact-us page found on the website.
The Information We Collect
In all the services provided by us, we require you to provide information that is relevant to that particular service. This information is collected solely for the purposes of providing you with products or services you have requested.
For message boards and chat rooms, we collect only the information that you provide to us.
For correspondence regarding requests for service, problems with your site, billing, and other issues, we track that information and make it available to you as a customer. All billing history and other historical information is available for our customers through our secure client service area of our website.
We use cookies to save your login and password so you don't have to re-enter them each time you visit our site.
We may use 3rd party ads on our site. These ads may contain cookies. While we use cookies in other parts of our Website, cookies received with banner ads are collected by these 3rd party companies, and we do not have access to this information.
Our site's registration form requires users to give us contact information (such as their name, email, and postal address). Contact information from the registration forms is used to get in touch with the customer when necessary.
How We Use Information
Internally, we use the information provided to us to improve our marketing and promotional campaigns. We look at site usage to improve content, offer new products and services, and potentially customize layout depending on the browser you are using. Based on this high-level tracking, we make attempts to give you targeted information based on your interests, such as banners and other promotional materials.
We use return email addresses to answer the email we receive. The sole use of these addresses is for correspondence and they are not otherwise shared in any other way.
For our customers and clients, we use your email address and/or phone number to contact you regarding various technical or administrative issues. Billing information is handled through the account information supplied to us or, if you should so elect, special invoicing.
The information that we maintain about you is used to resolve grievances, analyze various technical or other problems, and enforce our Terms of Service. Our applications typically provide login information which allows us to get direct access to your specific information which is used to solve these problems.
Disclosure of Information
We do NOT sell, rent, or otherwise redistribute any information about you to any third party without your prior consent. The option to distribute your information is always changeable through various account profile screens.
We do NOT provide overall usage information to advertisers for promotional purposes.
For those third parties that we work with that use our services, information may be required to use their services. Before using those services, we highly recommend that you review their terms and conditions as well as their privacy statement.
Our Commitment to Data Security
To prevent unauthorized access, maintain data accuracy, and ensure the correct use of information, we have put in place appropriate physical, electronic, and managerial procedures to safeguard and secure the information we collect online.
Our Commitment to Children's Privacy
Protecting the privacy of children is important to us. For this reason, we never collect or maintain information at our website from those we actually know are under 13, and no part of our website is structured to attract anyone under 13. For this reason, users attempting to access various services may be restricted from doing so due to this constraint. We can only restrict access if we are able to determine the age of the user of our service.
How to Access or Correct Your Information
You should never disclose your username and password to anyone. You may be held accountable if you lose control of your password and are found at fault. If you feel your password has been compromised in any form, you should immediately change your password and notify us of the occurrence. All your information is reviewable through application specific account profiles. Each application has facilities to allow that access at easy to find places within the application.
Third Party Services
Our privacy policy governs the information that you supply to us. For those third parties that make use of other applications and services, different rules may exist on their disclosure of information your provide to them. Since we are unable to control their privacy policies, we strongly urge you to request access to their disclosure policies before giving any information about yourself.
How to Contact Us
This privacy policy should be considered in conjunction with our Terms and Conditions for service where appropriate. Upon request, we will remove any information from our applications. To make this request, please email the site operator with the information that you'd like to have removed, as well as enough information for us to identify you in your request. You may also make the request on our online inquiry form.
For your protection, never put your credit card number or other sensitive information in unencrypted email.
We will retain a history of any request to remove information in order to resolve disputes, troubleshoot problems, and enforce our Terms and Conditions.
Due to system backups, we may still retain certain historical information. Since backups are required, we cannot totally guarantee that your information is completely removed from our systems. However, we will make our best effort to accommodate your requests for information removal within our technical limitations.
Implication of Consent
By conducting electronic commerce transactions on our web site, you consent to our use and collection of the information you provide for the purposes of the transaction and other specified uses. If we decide to change our privacy guidelines, we will post the changes on this page or other privacy statement pages so that you are aware of what information we collect, how it will be used and with whom the information will be shared. By continuing to use our sites after a change is posted, you agree to the applicable version of these guidelines. Please refer to this policy before making a transaction or sharing personal information. To correct any inaccuracies in information provided to us please send an email message to the site operator.
If you wish to provide feedback or if you have any questions, complaints, or comments regarding our privacy statement or policies please contact the site operator through the contact-us page found on the website.
Revised 7.2009