Overview

The following language describes the terms of an agreement between you and Clear Demand. By visiting, interacting with, or using our website, you acknowledge that you have read, understood, and agree to be bound by these terms and to comply with all applicable laws and regulations, including those related to export and re-export control laws and regulations. If you choose not to agree with these terms, please do not use this website.

Clear Demand may, without any requirement for notifying you and at any time, choose to revise these Terms of Use and any other information represented on this website by changing this section. Clear Demand may also elect to make improvements or changes in the products, services, or offerings described on this website at any time without notice.

General

This website contains proprietary and copyright information, for which visitors must follow required terms of use. Please refer to the information below entitled “Copyright and Trademark information”.

This website and all its content may not be copied, reproduced, republished, uploaded, posted, transmitted, distributed, or used without Clear Demand’s prior written consent, except for specific situations where Clear Demand has granted you non-exclusive, non-transferable, limited permission to display such content, solely on your computer and for your personal, non-commercial use. Any such permission is conditional on no modifications being made to our content, copyright, trademark and your acceptance of any terms and conditions associated with the content or as otherwise described on our website. Notwithstanding the aforementioned, any materials or software that are available for download, access, or other use from our website will be conveyed with their own terms and conditions, and governed by such terms and conditions.

Your failure to comply with the terms and conditions on this website will result in an automatic termination of any granted rights, without prior notice, also requiring that you immediately destroy all copies of downloaded materials in your possession or under your control. Except for the stated and limited permission described in the preceding paragraphs, Clear Demand does not grant you any express or implied rights or licenses under any patents, trademarks, copyrights, or other proprietary or intellectual property rights. You are also prohibited from mirroring any of the content from this website on another website or in any other media.

Disclaimers

There are no guarantees or promises, implied or otherwise, that the information on this website is not correct, current, or complete, or free of technical inaccuracies or typographical errors. Clear Demand assumes no responsibility (and expressly disclaims responsibility) for updating this website in order to maintain current information or ensure the accuracy or completeness of any information contained therein. Accordingly, Clear Demand recommends that you confirm the accuracy and completeness of all information contained in this website before making any decision on related services and products.

Clear Demand provides no assurances that any problems reported concerning this website will be resolved by Clear Demand, even if Clear Demand elects to respond with an intention of addressing such reported problems.

Confidential information

Clear Demand does not want to receive confidential or proprietary information from you through our website and if any information is sent, it will be deemed NOT confidential. By sending Clear Demand any information or material, you grant Clear Demand an unrestricted, irrevocable license to copy, reproduce, publish, upload, post, transmit, distribute, publicly display, perform, modify, create derivative works from, and otherwise freely use, those materials or information. You also agree that Clear Demand is free to use any ideas, concepts, know-how, or techniques that you send us for any purpose. However, we will not release your name or reveal in any way the fact that you submitted materials or other information to us unless: (a) we first obtain your permission to use your name; or (b) we first notify you that the materials or other information you submit to a particular section of our website may be published with your name on it; or (c) we are required to do so by law. Personally-identifiable information that you submit to Clear Demand in relation to receiving products or services will be subject to provisions described in our privacy policies. Please see our Privacy section.

Global Availability

Information Clear Demand makes available on the World Wide Web may contain references to Clear Demand products, programs and services which are not available or in your country. Such references do not imply that Clear Demand intends to announce or make available such products, programs, or services in your country. Please contact sales@cleardemand.com for further information.

Business relationships

Clear Demand’s website may provide links or references to non-Clear Demand websites and resources and in so doing, makes no representations, warranties, or other commitments whatsoever about any non-Clear Demand websites or other third-party resources referenced, accessible from, or linked to our website. Any link to a non-Clear Demand website does not in any way suggest that Clear Demand endorses or supports the content or use of such website or its respective owners. Additionally, Clear Demand is not responsible for any transactions you may conduct with parties you learn of from Clear Demand’s website. Accordingly, you agree that Clear Demand is not responsible for the availability of any external sites or resources, and is not liable for any content, services, products, materials or representations made available from those sites.

Furthermore, when you interact with a non-Clear Demand website, including those that may display a Clear Demand logo, know that it is independent from Clear Demand, and that Clear Demand is not responsible for the content on that website. It is your responsibility to take the necessary precautions to protect yourself and your resources from viruses, worms, Trojan horses, and other potentially destructive programs.

Linking to Clear Demand’s Website

All links to Clear Demand’s website must be approved in writing by Clear Demand, except as Clear Demand consents to links and the pages activated by the link do not: (a) alter in any way the appearance of any content within this website; (b) misrepresent your relationship with Clear Demand; (c) imply that Clear Demand endorses your company, website, or related product and service offerings; and (d) present false impressions about Clear Demand that may damage the goodwill associated with the Clear Demand name or trademarks. As a condition to having permission for linking to our website, you agree that Clear Demand may at any time, in its sole discretion, revoke such permission to link to our website. When that occurs, you agree to immediately remove all links to this website and to cease using any Clear Demand trademarks.

DISCLAIMER OF WARRANTY

USE OF THIS SITE IS AT YOUR SOLE RISK. ALL MATERIALS, INFORMATION, PRODUCTS, SOFTWARE, PROGRAMS, AND SERVICES ARE PROVIDED “AS IS,” WITH NO WARRANTIES OR GUARANTEES WHATSOEVER. Clear Demand EXPRESSLY DISCLAIMS TO THE FULLEST EXTENT PERMITTED BY LAW ALL EXPRESS, IMPLIED, STATUTORY, AND OTHER WARRANTIES, GUARANTEES, OR REPRESENTATIONS, INCLUDING, WITHOUT LIMITATION, THE WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT OF PROPRIETARY AND INTELLECTUAL PROPERTY RIGHTS. WITHOUT LIMITATION, IBM MAKES NO WARRANTY OR GUARANTEE THAT THIS WEB SITE WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE.

YOU UNDERSTAND AND AGREE THAT IF YOU DOWNLOAD OR OTHERWISE OBTAIN MATERIALS, INFORMATION, PRODUCTS, SOFTWARE, PROGRAMS, OR SERVICES, YOU DO SO AT YOUR OWN DISCRETION AND RISK AND THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGES THAT MAY RESULT, INCLUDING LOSS OF DATA OR DAMAGE TO YOUR COMPUTER SYSTEM.

SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF WARRANTIES, SO THE ABOVE EXCLUSIONS MAY NOT APPLY TO YOU.

LIMITATION OF LIABILITY

IN NO EVENT WILL Clear Demand BE LIABLE TO ANY PARTY FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, EXEMPLARY OR CONSEQUENTIAL DAMAGES OF ANY TYPE WHATSOEVER RELATED TO OR ARISING FROM THIS WEB SITE OR ANY USE OF THIS WEB SITE, OR OF ANY SITE OR RESOURCE LINKED TO, REFERENCED, OR ACCESSED THROUGH THIS WEB SITE, OR FOR THE USE OR DOWNLOADING OF, OR ACCESS TO, ANY MATERIALS, INFORMATION, PRODUCTS, OR SERVICES, INCLUDING, WITHOUT LIMITATION, ANY LOST PROFITS, BUSINESS INTERRUPTION, LOST SAVINGS OR LOSS OF PROGRAMS OR OTHER DATA, EVEN IF Clear Demand IS EXPRESSLY ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THIS EXCLUSION AND WAIVER OF LIABILITY APPLIES TO ALL CAUSES OF ACTION, WHETHER BASED ON CONTRACT, WARRANTY, TORT, OR ANY OTHER LEGAL THEORIES.

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