These Terms and Conditions of Use (“Terms”) apply to your (“you” or “your”) use of Clear Future’s Website, content, materials and education services, as well as materials obtained from Clear Future through other websites and platforms such as YouTube, FaceBook and Amazon (collectively, the “Service”). By using the Service, you agree that these terms will become a legally binding agreement between you and the Clear Future Contracting Entity identified in these Terms (“Clear Future”).
Clear Future is a content provider offering information, examples and ideas to help average people develop and reach their financial and personal goals, and to bring privacy and asset protection strategies within their reach.
Financial and Legal Advisor Disclaimer. This Website and the Service, including content offered by Clear Future here and on any other platform such as YouTube or Facebook, are all presented and provided for informational and entertainment purposes and are not to be construed as a recommendation, solicitation, or offer to buy, sell, long or short any securities, commodities, cryptocurrencies, or any other financial instrument, or any real estate, franchise, business or other asset, and are not to be construed as legal, accounting, tax or financial advice. By using the Service, you acknowledge and agree that notwithstanding any information contained in the Service, or any links or ads on this website, or on any other platform, Clear Future is not acting as a financial advisor, financial planner, securities broker, attorney, accountant, tax advisor, agent or broker, real estate agent or broker, or any other professional. Remember that this is just general stuff here. Laws vary by location, we do not know your specific situation, and you need to do your own research and hire a professional if you decide to act on your research. Moreover, some actions which may be legal in one jurisdiction, may be illegal in another. So get proper professional advice.
The Service is made available on ClearFuture.us, third-party websites and applications, and in other forms provided or made available by Clear Future. Your use of the Service is subject to these Terms. By using the Service you acknowledge Clear Future’s Privacy Policy and Return Policy, also available on this Website.
You may use the Service only if you can form a binding contract with Clear Future and are legally permitted to do so. By using the Service, you represent and warrant that you have the full right, power and authority to agree to and be bound by these Terms and to fully perform all of your obligations hereunder.
If you provide your email or other information or sign up for the Service on behalf of an organization using an email address provided by your employer or another organization, (i) you represent and warrant that you are an authorized representative of that entity with authority to bind that entity to these Terms; (ii) your use of the Service will bind that entity to these Terms; and (iii) “you” and “your” in these Terms will refer to both you and that entity.
Age Requirement. Children may not access or use the Service unless their use is directly authorized by their parent, guardian or another authorized adult (such as a teacher) who agrees to be bound by these Terms. For purposes of these Terms, a child is a person under the age of 13 (or the minimum legal age required to provide consent for processing of personal data in the country where the child is located).
Access to the Service. Subject to your compliance with these Terms, you are granted a non-exclusive, limited, non-transferable, freely revocable license to access and use the Service for personal use. Clear Future reserves all rights not expressly granted under these Terms.
Acceptable Use Policy. Your use of the Service, your User Content, and your Designs, must comply with Clear Future’s Acceptable Use Policies as provided herein.
Clear Future reserves the right to determine whether comments or other content submitted to Clear Future violates this Policy at its sole discretion. This Policy may be updated from time to time.
Anti-discrimination. Clear Future does not support and will not tolerate its Service being used to discriminate against others, especially when based on race, religion, sex, sexual orientation, age, disability, ancestry or national origin, or other protected class. You are not permitted to use the Service in a manner which would or would likely incite, promote or support such discrimination and you must not use the Service to incite or promote hostility or violence. If we believe in our sole determination that your use of the Service is being used to discriminate, especially if based on race, religion, sex, sexual orientation, age, disability, ancestry or national origin, or other protected class, we may permanently or temporarily terminate or suspend your access to the Service without notice and liability for any reason.
You agree not to upload content, or use Clear Future or its Service, directly or indirectly, in any manner that may cause or risk any of the following, or may be interpreted to be intended for any of the following:
When you use the Service, you’ll have access to a variety of content provided by Clear Future and other content providers which may be owned or licensed by Clear Future (collectively, “Licensed Content”). Your use of the Licensed Content is limited to personal viewing of such content on the Website or other platforms where Clear Future provides such content, and you may also copy or print such materials for your personal, educational uses. However, without written consent from Clear Future for another specific use, you do not have the right to use Licensed Content for any other uses, such as without limitation, public showings, presentations to 3rd parties, creating your own materials to sell or market, or to otherwise transfer, sell or monetize the Licensed Content, and all Licensed Content shall be subject to these Terms and Conditions, including the Restrictions on Use of the Service, below. In some cases you may have the option to upload your own comments or other content to our Website or other websites or platforms (“User Content”). User Content is accessible publicly and Clear Future has no control and is not responsible for third parties who may view, copy or use such Use Content.
Restrictions on Use of the Service. You shall not yourself or through any third party (i) rent, lease, sell, distribute, offer in a service bureau, sublicense, or otherwise make available the Service or the Licensed Content to any third party (except as permitted under these Terms); (ii) copy, replicate, decompile, reverse-engineer, attempt to derive the source code of, modify, or create derivative works of the Service, or any part thereof; (iii) access the Service for purposes of performance benchmarking; (iv) access the Service for purposes of building or marketing a competitive product; (v) use the Service to store or transmit a virus or malicious code; (vi) use a virtual private network (VPN) to circumvent geographic-based pricing or content access; (vii) use the Service to transmit unsolicited solicitations or emails or engage in spamming; or (viii) bypass the measures we may use to prevent or restrict access to the Service, including without limitation features that prevent or restrict use or copying of any content or enforce limitations on use of the Service or the Licensed Content.
Information Security. Clear Future implements and maintains physical, technical and administrative security measures designed to protect your information from unauthorized access, destruction, use, modification or disclosure.
User Content. You represent and warrant that you own all rights, title, and interest in and to your User Content or that you have otherwise secured all necessary rights in your User Content as may be necessary to permit the access, use and distribution thereof as contemplated by these Terms. As between you and Clear Future, you own all right, title and interest in and to your User Content. You grant Clear Future, a royalty-free license to display, host, copy and use your User Content for any legitimate commercial purpose, including advertising the Service to third parties, improving and developing the Service and providing the Service to you, other viewers and our clients.
You must not present a misleading endorsement or affiliation with Clear Future on any other website or other media platform or publication, including (but not limited to), by attempting to register a domain name or subdomain name that includes the word ‘Clear Future,’ ‘Clear Videos’ or any other Clear Future brand or trademark of Clear Future or its affiliates.
Billing
Clear Future offers a free Service, a paid Service, and various publications or other content that may be free or paid. Pricing may vary by location and will be based on the billing information you provide us at the time of purchase.
Taxes. Tax rates are calculated based on the billing information you provide and the applicable tax rate at the time of your charge.
Changes to Pricing. Clear Future reserves the right to change its prices at any time.
Clear Future’s Intellectual Property
Except as expressly set out in these Terms, all intellectual property rights in and to the Service and Licensed Content remain the sole property of Clear Future and its licensors. You assign to Clear Future any comments, suggestions, ideas, enhancement requests, or other feedback you provide to Clear Future relating to the Service or Clear Future’s products. Clear Future owns all content, data, software, inventions, ideas and other technology and intellectual property that it develops in connection with the Service and its products.
Warranty Disclaimer. The Service is provided on an “as-is” and “as-available” basis. To the maximum extent permitted by applicable law and subject to any non-excludable rights and remedies you may have under applicable law, Clear Future, its licensors, and its suppliers, expressly disclaim any and all warranties of any kind, whether express or implied, including, but not limited to, warranties of merchantability, fitness for a particular purpose, legal compliance, title or non-infringement. Clear Future does not warrant that your use of the Service will be uninterrupted or error-free. Clear Future does not warrant that it will review your data for accuracy or that it will preserve or maintain your data without loss. You understand that use of the Service necessarily involves transmission of your data over networks that Clear Future does not own, operate, or control, and that Clear Future is not responsible for any of your data lost, altered, intercepted or stored across such networks. Clear Future will not be liable for delays, interruptions, service failures, or other problems inherent in use of the internet and electronic communications or other systems outside Clear Future’s reasonable control.
You may elect to use the Service in conjunction with third-party websites, platforms or apps (including, but not limited to, FaceBook, Google, and YouTube) (“Third Party Service(s)”). Your use of a Third Party Service is subject to the terms and conditions applicable to that Third Party Service. Clear Future makes no representations or warranties in relation to Third Party Services and expressly disclaims all liability arising from your use of Third Party Services.
You agree, to the extent permitted by law, to defend, indemnify and hold harmless Clear Future and its affiliates, officers, directors, agents, licensors and employees from and against any and all claims, costs, damages, losses, liabilities and expenses (including reasonable attorneys’ fees and costs) resulting from or related to (i) your violation of these Terms or (ii) your User Content.
In no event shall either party’s aggregate cumulative liability hereunder (whether in contract, tort, negligence, strict liability in tort or by statute or otherwise) exceed the greater of (i) $100 USD or (ii) the fees and other charges paid by you to Clear Future during the twelve-month period preceding the event or occurrence giving rise to such liability. The foregoing limitations shall not apply to liabilities arising out of your indemnification obligations or your breach of the section entitled ‘restrictions on use of the service.’
In no event shall either party be liable for any consequential, incidental, indirect, special, exemplary or punitive damages, losses, or expenses (including but not limited to business interruption, lost business or lost profits) even if it has been advised of their possible existence and notwithstanding the failure of essential purpose of any remedy. The foregoing limitations shall not apply to liabilities arising out of your indemnification obligations or your breach of the section entitled ‘restrictions on use of the service.’
These terms do not affect consumer rights that cannot by law be waived or limited. These terms do not exclude or limit liability arising out of either party’s gross negligence, fraud or willful misconduct.
Term. These Terms shall take effect the first time you access the Service and shall continue in full force and effect as long as you access or use the Service.
Violations. If Clear Future, in its sole discretion, determines that you or your use of the Service or your User Content violate these Terms, including but not limited to, Clear Future’s Acceptable Use Policy, the Section entitled ‘Restrictions on Use of the Service,” or the Section entitled “Anti-discrimination,” (any of which is considered a “Violation”) Clear Future may take one or more of the following actions in its sole discretion: (i) delete the prohibited User Content; (ii) suspend your access to the Service; (iii) terminate and delete your account, if any, along with all User Content associated with that account (iv) permanently ban you from using the Service; and/or (v) disclose the prohibited User Content to appropriate government authorities.
Survival of Terms. The provisions of these Terms, including, without limitation, Sections titled “Term and Termination,” “Billing,” “Clear Future’s Intellectual Property,” “Limitation of Liability,” “Indemnification,” and “Miscellaneous” inclusive, shall survive any expiration or termination of these Terms.
Compliance with Applicable Law. You agree to abide by all applicable local, state, national and foreign laws, treaties and regulations, in connection with your use of the Service. Clear Future agrees to abide by all applicable local, state, national and foreign laws, treaties and regulations, in connection with its provision of the Service.
Governing Law and Jurisdiction. By using the Service, you acknowledge and agree that you are using a service based in, and subject to the laws and jurisdiction of, the State of Florida, USA. These Terms will be governed by and construed in accordance with the laws of the State of Florida, USA, without regard to its conflict of laws provisions. Any legal action or proceeding arising under these Terms shall be brought exclusively in the federal or state courts located in Palm Beach County, Florida, USA and the parties consent to exclusive jurisdiction of such courts. The United Nations Convention on Contracts for the International Sale of Goods is expressly excluded in its entirety from application to these Terms.
Export Restrictions. The Service is subject to trade sanctions and laws and regulations that govern the import, export, and use of the Service. These laws or regulations may prohibit Clear Future from providing you the Service or require that we discontinue making it available to you without notice. By using the Service you agree to comply with all trade sanctions, export and import laws, and regulations and warrant that (i) you are not prohibited from accessing the Service, and (ii) you will not make available the Service to anyone who is prohibited from accessing it under the laws or regulations of any jurisdiction.
Dispute Resolution. If you have a dispute arising out of these Terms, contact us at info@clearfuture.us and we’ll attempt to work with you to resolve the dispute. If we’re unable to resolve a dispute, you and Clear Future each agree to resolve any claim, dispute, or controversy (excluding any Clear Future claims for injunctive or other equitable relief) arising out of or in connection with these Terms (collectively, “Claims”), by binding arbitration by the American Arbitration Association (“AAA”) under the Commercial Arbitration Rules and Supplementary Procedures for Consumer Related Disputes then in effect for the AAA, except as provided herein. The arbitration will be conducted in Palm Beach County, Florida, USA, unless you and Clear Future agree otherwise. Each party will be responsible for paying any AAA filing, administrative and arbitrator fees in accordance with AAA rules. The award rendered by the arbitrator shall include costs of arbitration, reasonable attorneys’ fees and reasonable costs for expert and other witnesses, and any judgment on the award rendered by the arbitrator may be entered in any court of competent jurisdiction. Nothing in this Section shall prevent either party from seeking injunctive or other equitable relief from the courts as necessary to prevent the actual or threatened infringement, misappropriation, or violation of that party’s data security, Intellectual Property Rights, or other proprietary rights. All claims must be brought in the parties’ individual capacity, and not as a plaintiff or class member in any purported class or representative proceeding, and, unless we agree otherwise, the arbitrator may not consolidate more than one person’s claims. You agree that, by entering into this agreement, you and Clear Future are each waiving the right to a trial by jury or to participate in a class action.
Clear Future Contracting Entity. The Clear Future entity contracting with you under these Terms is Clear Future FL, LLC. Legal notices should be sent to Clear Future, 7750 Okeechobee Boulevard, Suite #4-901, West Palm Beach, FL 33411, United States, Attn: Legal
Assignment.You may not assign these Terms or any of your rights under these Terms without Clear Future’s consent except to any successor by way of a merger, acquisition, or change of control. Clear Future may transfer or assign any of its rights and obligations under these Terms, in whole or in part, at any time with or without notice.
Headings and Explanations. Headings used in these Terms and the explanatory boxes are provided for convenience only and will not in any way affect the meaning or interpretation of the Terms or any portion thereof.
Severability. If a particular provision of these Terms is found to be invalid or unenforceable, it shall not affect the other provisions and the Terms shall be construed in all respects as if that invalid or unenforceable provision had been limited or omitted to the minimum extent necessary.
Waiver. Clear Future’s express waiver or failure to enforce any provision of these Terms shall in no way be construed to be a present or future waiver of such provision nor affect Clear Future’s ability to enforce any provision thereafter.
Notices. All required notices to you will be sent to the email address associated with your account or through other legally permissible means.
Changes to these Terms. We may modify these Terms (and any policies or agreements referenced in these Terms) at any time. We will post the most current version of these Terms on ClearFuture.us. We will provide you with reasonable advance notice of any change to the Terms that, in our sole determination, materially adversely affect your rights or your use of the Service. We may provide you this notice via the Service and/or by email to the email address associated with your account. By continuing to use the Service after any revised Terms become effective, you agree to be bound by the new Terms.
Changes to the Service. Clear Future may add, change or remove features or functionality to the Service; modify or introduce limitations to storage or other features; or discontinue the Service altogether at any time.
Entire Agreement. These Terms and the terms and policies referenced herein constitute the entire agreement between you and Clear Future with respect to the Service. These Terms supersede any prior representations, agreements, or understandings between you and Clear Future, whether written or oral, with respect to the Service including previous versions of the Terms. All terms, conditions or provisions on a purchase order shall be of no force and effect notwithstanding any acceptance of such purchase order. The English version of these Terms will control.
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