PRIVACY POLICY and WEBSITE TERMS OF USE
PRIVACY POLICY
Last Updated: October 2024
Welcome to our website. ClearlyThen Inc. (“Company”, “we”, “our” or “us”) respects your privacy and is committed to protecting it.
This Privacy Policy governs your access and use of our website, ClearlyThen Inc. including any content, functionality or services offered through our website or related landing pages (collectively, “Site”) whether as a guest or a registered user. In this Privacy Policy “you” or “your” refers to any individual who accesses our Site.
PLEASE READ THIS PRIVACY POLICY CAREFULLY BEFORE USING OUR WEBSITE
Please review our Privacy Policy carefully. This Privacy Policy is legally binding as of the date you access our Site. By using our Site or by clicking to accept or agree to the Terms of Use and Privacy Policy when this option is made available to you, you expressly accept and agree to be bound and abide by this Privacy Policy. If you do not agree to the Privacy Policy, you must not access or use our Site or Services.
This Privacy Policy sets out how we collect information from you when you visit our Site, either automatically, or through certain voluntary actions you may take while visiting our Site, including but not limited to, accessing, purchasing or downloading any products, content or resources available on our Site or engaging or interacting with us either through this Site (collectively, “Services”).
This Privacy Policy applies to information we collect:
· On this Site;
· In email, AI chat bots and tools, fillable forms, text and other electronic message features on our Site;
· Through any downloadable features on our Site;
· When you interact with us, our advertising or applications on third party websites and services if those applications or advertising.
This Privacy Policy does not apply to information collected by:
· Us offline or through any other means, including on any other website operated by us, or any third party including our affiliates and subsidiaries; or
· Any third party including through any content or advertising that may link to or be accessible from or on the Site.
This Privacy Policy also sets out how we use and disclosure your information and your rights with respect to your personal information that we collect. If you do not agree to any terms of our Company’s Privacy Policy, you agree to no longer use, navigate, access or browse our Site. By continuing to use our Sute you are agreeing to the terms of our Privacy Policy.
Use of Site
You must be at least 16 years old to use our Site or the age of majority in your jurisdiction. No one under the age of 16 may provide any information to or on our Site. We do not knowingly collect, use or disclose personal information about visitors under 16 years of age. If you are under 16 years of age you must immediately stop using our Site and not provide any information to us through any function on our Site. If you become aware that we have collected information from anyone under the age of 16 please contact us at jonathan@clearlythen.com so we may delete that information.
INFORMATION WE COLLECT
We collect certain types of information from you when you visit our Site. By accepting this Privacy Policy, you are expressly consenting to (i) our collection of information as described below; (ii) our use of the information collected; (iii) the processing of this information; and (iv) our sharing of data with third-party processors as needed to run our business.
Here are some examples of the data we collect. However, this may not be a complete list:
Personal Information: Personal identifying information such as your name, billing and/or shipping address, telephone numbers, email addresses, and other demographic and customer profile data information, such as your age and gender.
Financial Information: Financial information (such as credit card or bank account numbers) includes information provided in connection with any transaction you make on our Site. Note that we store limited financial data, as most financial data is transferred to third-party payment processors. We strongly encourage you to review the privacy policy of the third-party payment processors we use to process payment when you purchase anything from our Site.
User Account Information: In order to purchase or access certain Services, we may require you to create a user account and provide your name and/or email address and create a unique password. For your security, we do not have access or knowledge of your password and it is your sole responsibility to keep the password confidential and not share your account details with any other people, including us.
Computer, Browser and Mobile Information: Computer and connection information such as statistics on your page views, traffic to and from the Site, your unique resource locator (“URL”), advertisement data, your internet protocol (“IP”) address, your browsing history, and your Site log information. If you access our Site via your mobile phone, we may collect information about your device, including but not limited to, the model, manufacturer, device identification and your location information.
Social Media Information: We may access personal information from social networking sites and apps, including Information but not limited to, Instagram, Facebook, LinkedIn, YouTube which may include your name, username on any of these platforms, location, email, age, gender, profile picture and any other public information you have included on any of your social media profiles. If you want to limit this data, you should review their privacy and security settings of each social media site and change your privacy settings.
Sensitive Information
We will not request sensitive information from you at any time. Please do not submit any sensitive data to us, including your social insurance or security number, health data, genetic data, or information related to your ethnic origin, religious beliefs, or criminal history. If you do send us this information, then by doing so you are consenting to our use, storage, and processing of this information in accordance with this Policy.
HOW WE COLLECT YOUR INFORMATION
Information You Voluntarily Provide
We collect information you voluntarily and manually provide when you use our Site, such as when you purchase or access Services or certain content on our Site, sign up for our email list or newsletter, submit a form, send us questions, or interact with us through this Site such as when you provide comments, reviews, testimonials or other feedback. Some of the information you manually provide may be personal information, such as your name or email address.
Information from Your Website Browser or Mobile Device
We collect information that is sent to us automatically from your website browser or mobile device, such as your IP address, the name of your operating system, the name and version of your browser, date and time of your visit, page(s) you visit and length of time you spent on each page. The information we receive may depend on your browser or device settings. Information received from your website browser and mobile device typically is not, in and of itself, personally identifiable. However, we may combine it with other information in an attempt to identify you, or we may combine it with information that does identify you.
Tracking Technologies
We collect information when you visit our Site and through our email communications, by using cookies, pixels, website beacons, tags, and other tracking technologies to collect information about your engagement, as well as you’re browsing and purchasing behaviour. These tracking technologies include:
● Clickstream Data: Through Site access logs we collect your URL, clickstream data and HTTP protocol elements, which generate certain kinds of non-identifying Site usage data, such as the number of hits and visits to the Site. This information is used for internal purposes for research and development, user analysis and business decision making, all of which provides better services to our users. The statistics garnered, which contain no personal information and cannot be used to gather such information, may also be provided to third-parties for data processing and analyzing.
● Cookies: Cookies collect data sent to us by your computer about (i) the way you interact with our Site, such as when you use certain features or download attachments; (ii) collect data to assess and improve our marketing and advertising; (iii) allow partners and third-parties to use these tracking technologies to track your use of our Site, including on multiple devices; (iv) collect statistical data such as how long you stay on a certain webpage on our Site and the location from where you access our Site. All of this information helps us to improve the Services, provide content based on the interests of our users and improve the functionality of our Site. Most browsers are set to accept cookies by default. In addition, when you first encounter our Site, you will be asked to “consent to cookies.” If you wish to disable cookies, you may do so through your individual browser options. However, this may affect your ability to use or make purchases from our Site. More detailed information about cookie management with specific website browsers can be found at the browsers’ respective websites.
● Website Beacons or Pixels. These are small graphics that help us understand browsing activity and provide a better user experience. Unlike cookies, website beacons and pixels are non-identifiable when you visit a website page.
● Social Widgets. These buttons are provided by third-party social media providers that allow you to interact and access certain social media services when you view a page on our Site. These widgets may collect browsing data, which may be sent to the respective third-party social media provider.
● Third Party Software. We may use third-party software to post advertisements on our Site to oversee marketing or email campaigns, or manage other business initiatives. This third-party software may use cookies or similar tracking technology. We have no control over these third-parties or their use of cookies.
Third-Party Use of Cookies and Other Tracking Technologies
Some content or applications, including advertisements on our Site are served by third-parties, including advertisers, ad networks and/or servers, content providers, and application providers. These third parties may use cookies alone or in conjunction with web beacons or other tracking technologies to collect information about you when you use our website. The information they collect may be associated with your personal information or they may collect information, including personal information, about your online activities over time and across different websites and other online services. They may use this information to provide you with interest-based (behavioral) advertising or other targeted content.
We do not control these third parties’ tracking technologies or how they may be used. If you have any questions about an advertisement or other targeted content, you should contact the responsible provider directly.
Ability to OPT-OUT of Tracking
We also may use the above-mentioned automated technologies to collect information about your online activities over time and across third-party websites or other online services (behavioral tracking). We respect your decision if you want to opt-out of tracking for this website. If you choose to opt-out some features of this Site, or future features of this Site may not work properly. For example, you may not be able to share content from our Site to social media sites etc. If you would like to Opt-Out of tracking or just want more information about how to do that please use these resources.
You can set your browser to refuse all or some browser cookies, or to alert you when cookies are being sent. To learn how you can manage your Flash cookie settings, visit the Flash player settings page on Adobe’s website. If you disable or refuse cookies, please note that some parts of this site may then be inaccessible or not function properly.
This website offers more information on how you can opt-out of certain tracking and internet-based advertising procedures: https://optout.networkadvertising.org/?c=1
To learn how to turn tracking on or off on your device, you can visit the following websites:
Turn “Do Not Track” on or off/Android
Turn “Do Not Track” on or off/Mac
Website Analytics
From time to time, we may use third party analytic tools operated by third-party companies. These analytic tools may also use cookies or other tracking technologies to analyze visitors’ use of our Site to determine the popularity of the content, and better understand online activity. We do not transfer personal information to these third-party vendors. However, in order to access our Site, you are consenting to the collection and use of your information by these third-party analytic companies. We recommend you review their respective privacy policies and contact them directly with any questions or requests to delete your information.
Email Policies
We are committed to keeping your e-mail address confidential. We do not sell, rent, or lease our subscription lists to third parties, and will not disclose your email address to any third parties except as expressly set out in this Privacy Policy. In compliance with Canada’s anti-spam legislation, the CAN-SPAM Act of 2003 (Public Law No. 108-187) and the California Consumer Privacy Act of 2018 (“CCPA”) all e-mails sent from our organization will clearly state who the e-mail is from and provide clear information on how to contact the sender. In addition, all e-mail messages will also contain concise information on how to remove yourself from our mailing list so that you can opt-out of further e-mail communication from us and will contain an “unsubscribe” link at the bottom of each email. If you have any issues unsubscribing from our newsletter, please contact us at jonathan@clearlythen.com requesting to unsubscribe from future emails.
HOW WE USE AND DISCLOSE YOUR INFORMATION
Use of Information
We generally store your data and transmit it to a third party for processing. However, to the extent we process your data, we do so to serve our own legitimate business interest. Generally, the purpose of collecting your information through our Site is to:
● Provide our Site and its contents to you;
● To provide you with information, products or services that you request from us;
● To carry out our obligations and enforce our rights arising from any contracts between you and us, including for billing and collection;
● Collect statistical data and analyze trends for our use, and for use by third parties to better understand your needs and interests;
● Improve our Services, marketing and promotional efforts or troubleshoot issues on our Site;
● Contact you with special offers, newsletters, information advertisements of third parties and content we believe will be of interest to you which in some instances may be in exchange for a commission to be paid to us by such third parties (if you opt to take part in such promotions, the third parties will receive your information);
● To allow you to participate in interactive and social features on our Site;
● Improve the content, functionality and usability of this Site and provide a tailored and personalized experience for you when you visit our Site;
● Prevent fraudulent activities and security breaches;
● Resolve disputes and assist law enforcement when necessary or respond to any legal claims or otherwise comply with our legal obligations; and
● For any other purpose with your consent.
We may also use the information we have collected from you to enable us to display advertisements to our advertisers’ target audiences. Even though we do not disclosure your personal information for these purposes without your consent, if you click on or otherwise interact with an advertisement, the advertiser may assume that you meet its target criteria.
Disclosure of your Information
We confirm that we only share your information pursuant to the terms of our Privacy Policy and are committed to protecting your privacy.
At certain times, we may disclose your personal information that we collect, or you provide as described in this Privacy Policy with third parties in certain circumstances. We may share your data with third party processors as needed to serve our legitimate business interests. We will not sell your information to any third-party. We may share your Information with third parties from time to time in certain situations and in order to carry out the following business operations:
● Administering our Site and various tasks such as payment processing, hosting services, email delivery, communications and customer service;
● To partner with aligned affiliates and brand partners;
● Delivery of our Services;
● Administering your account;
● Entering into agreements and communication with you;
● Analyzing data and trends, including partnering with third-party analytic companies;
● Run and manage our ads to produce ads that appear when you visit our Site;
● Protecting the security of our business and Site; including to investigate and remedy any breach of any of our rights or policies, or as needed to obtain and maintain insurance coverage, manage risks, obtain financial or legal advice;
● Promoting and marketing the Site and Services;
● In the event of sale or transfer of our business;
● To comply with any requirements to disclose by law, such as to initiate or respond to any legal action or to protect the rights, property and safety of others. This includes sharing information with other parties to prevent security breaches, fraud or credit risks;
● Any other reason necessary to comply with any legal obligation, to protect your interests, the interests of others or our business;
● With your consent.
We also may disclose aggregated information about our users and information that does not identify any individual in compliance with this Privacy Policy and without restriction.
Retention of Information
We retain your information only as long as is reasonably necessary to provide you with the Services, comply with our legal obligations or until you request that we delete your information. Any information we no longer need will be permanently deleted.
International Data
Your information, including Personal Data, may be transferred to and maintained on servers located outside of your state, province, country or other governmental jurisdiction where the data protection laws may differ than those from your jurisdiction. We will take all steps reasonably necessary to ensure that your data is treated securely and in accordance with this Privacy Policy and no transfer of your Personal Data will take place to an organization or a country unless there are adequate controls in place.
Processing Your Information
Generally, we do not process or hold your Information but instead we use third-party processors to process your data. In order to carry out our business, it is necessary for us to transmit certain information to third parties. For instance, when you purchase a Service from our Site, your payment information is transmitted to and collected by a third-party payment processor. For a full list of third -party applications we use, please contact us at jonathan@clearlythen.com.
In some instances, however, we may process your information internally. When you agree to be bound by our Privacy Policy, you consent to our processing of your information for such purposes to carry out our business interests.
Protection of Your Information
We employ commercially reasonable methods to ensure the security of the information you voluntarily provide to us, as well as that information that is collected automatically. We implement a variety of security measures to maintain the safety of your personal information including using standard security protocols and transmitting information securely via Secure Sockets Layer (SSL) and only use recognized online secure payment systems and reputable third-party payment processors and applications. Since email is not considered secure, please do not send us private information via email. Doing so is completely at your own risk. In order to protect our Site, we use software programs to monitor network traffic to identify unauthorized attempts to upload or change information or hack or otherwise damage our Site. While we take these steps to protect your personal information as much as we can, no system or transmission of data over the internet or any other public network or any storage of data can be guaranteed to be 100% secure. If you are concerned about your personal information, please contact us at jonathan@clearlythen.com .
Event of a Breach
In the unlikely event customer data has been lost, stolen, or potentially compromised, our policy is to alert our customers via email no later than 72 hours of our becoming aware of the event. We will also report such incident to any required data protection authority. We will work closely with any customers affected to determine next steps such as any end-user notifications, needed patches, and how to avoid any similar event in the future.
YOUR RIGHTS
We respect your rights to your personal information and data. You have the right to access, correct, request restriction or deletion of your information, or request how we use your personal information and data collected, as required by applicable law. Note that we may charge a reasonable fee for actions that you ask us to take with respect to your data. In addition, we reserve the right to first request you provide us with evidence verifying your identity before we take any action.
After we verify your identity, you have the right to:
· Update or change any information you have provided to us. To update or delete Your information, please contact us at jonathan@learlythen.com ;
· Request that we confirm what data we hold about you, and for what purposes. You also have the right to confirmation of whether we process your data or deliver your data to third party processors, and for what purposes. We will supply you with copies of your personal data unless doing so would affect the rights and freedoms of others;
· Change your consent to our use of your information. In such cases, we may require you to delete your account with us, as described above, and you may not have full access to our Site;
· Request a digital copy of the data that we hold about you. Your first request for a copy of your personal data will be provided free of charge; subsequent requests will incur a reasonable fee.
· Request that we gather and transfer your data to another controller, in a commonly used and machine-readable format, unless doing so would cause us an undue burden;
· Request that we delete all data that we hold about you, and we must delete such data without undue delay. There are exceptions to this right, such as when keeping your data is required by law, is necessary to exercise the right of freedom of expression and information, is required for compliance with a legal obligation, or is necessary for the exercise or defense of legal claims. Such a request may result in a termination of your account with us, and you may have limited or no use of our website;
· Opt-out of receiving future email correspondence from us by checking the appropriate box when you register for the account or make a purchase. You may change your communication settings by contacting us at jonathan@clearlythen.com ;
· Opt-out of receiving any third-party marketing communications or having your personal information used for marketing purposes. You may do this by contacting us at jonathan@clearlythen.com ;
· In certain situations, restrict the processing of your data, such as when you contest the accuracy of your data or when you have objected to processing, pending the verification of that objection. When processing has been restricted, we will continue to store your data but will not pass it on to third party processors without your consent, or as necessary to comply with legal obligations or protect your rights, our rights, or those of others. In addition, you may opt out of any processing of your data altogether. However, doing so may result in the termination of your account and loss of access to our Site; and
· Complain to a supervising authority in your jurisdiction if you believe we are misusing your data or have violated any of your rights under this Privacy Policy or applicable law.
If you wish to have any third-parties, including those to whom we’ve transmitted your information, delete your information, you will need to contact those third-parties directly to do so. Upon request, we will provide a list of all third parties to whom we have transmitted your information.
Complaints
If you are an EU resident, you have certain rights afforded to you by way of the General Data Protection Regulation, including the right to complain to a supervising authority if you believe we are misusing your information or have violated any of your rights under this Privacy Policy or applicable law. You may do so in the EU member state in which you reside or have your place of business or in which the alleged infringement took place. If you are located outside the EU, you may have rights under privacy laws in the jurisdiction where you live.
California Resident Privacy Rights
This section applies to website visitors and customers in California. The CCPA gives residents of California specific privacy rights. If You reside in California, you have the right to obtain from us, once per year and free of charge, information regarding what information we disclose to third party marketers, and the names and addresses of each third party to whom we disclose Your data. As a Californian resident you also have the right that we request not to sell your data.
If you are a California resident and under the age of 18, you have the right to request that we remove any data that you publicly post on our website. To request removal of your data, please use the contact information listed below. Note that while we will remove your data that is publicly posted on our Site, we may not be able to completely remove that data from our systems.
If You are a California resident and would like to make any of the above requests, please contact us at jonathan@clearlythen.com. If you make a request, we have 30 days to respond to you.
Nevada Residents Privacy Rights
If you are a resident of Nevada and wish to exercise your right to opt-out of the sale of your data, please send your request to jonathan@clearlythen.com.
Changes to our Privacy Policy
We reserve the right to update and change this Privacy Policy and will make our best effort to update the date “Last Updated” at the top of this page each time we make changes. You can review our most recent changes by visiting this page. By continuing to use our Site, you waive specific notice of, and accept all changes to our Privacy Policy made from time to time. We encourage you to return to this page each time you access our Site to ensure you have read our most recent Policy.
Contact us
If you have any questions about our Privacy Policy or wish to exercise any of your rights as set out in this Privacy Policy, please contact us at jonathan@clearlythen.com or via DM on LinkedIn.
WEBSITE TERMS OF USE
Last updated: October 2024
This website, ClearlyThen Inc. (“Site”) is owned and operated by ClealyThen Inc., a Company operating under the laws of Ontario, Canada. In these Terms of Use (“Terms”), “we”, “us” and “our” refer to ClearlyThen Inc. and the terms “you” or “your” refer to any individual user of our Site or if you are using this Site on behalf of your employer, means both you and your employer.
NOTICE: It is your responsibility to carefully read these Terms of Use (“Terms”) prior to using our Site or purchasing or accessing any of our services, products and free or paid offerings, content, webinars, courses or resources (collectively, “Services”). These Terms govern and define your use of the Site and Services and are legally binding on you.
USE OF OUR SITE AND SERVICES
When you accessed our Site or opted-in to any of our Services you were given reasonable notice that these Terms existed. By accessing and continuing to use our Site or by clicking to accept or agree to these Terms when the option is made available to you, you agree to be legally bound and abide by these Terms and our Privacy Policy whether or not you have read them. If you do not agree with these Terms or our Privacy Policy, you must not use or access our Site or Services.
By using our Site or by clicking to accept these Terms of Use (“Terms”), you accept and agree to be bound by and comply with these Terms as well as our Privacy Policy. By purchasing or accessing any of our Services, you further warrant to us that you are at least 16 years of age. If you are not at least 16 years of age, you are not allowed to use our Site. If you are using this Site on behalf of your employer, you guarantee that you have the authority to bind your employer to the Terms. If you do not meet these requirements, you must stop using our Site.
While we aim to keep this Site as up-to-date as possible, we cannot guarantee that all content on our Site is entirely accurate, complete, or up to date. We reserve the right at any time to modify or discontinue, in whole or in part, any Services offered or change the prices of Services without notice. We are not liable to you or any third-party for any modification, price change, suspension or discontinuation of any Services.
If you wish to have any of your personal information and/or access to our Site removed, you may email us at jonathan@clearlythen.com and we will make reasonable efforts to do so. More information about how we collect, process and store your personal information can be found in our Privacy Policy (above on this page).
FEES AND REFUNDS
Fees
We reserve the right to change our Fees at any time and without notice.
Refunds
Any refunds issued will be in our sole discretion and determined on a case-by-case basis. If you wish to request a refund, please contact us at jonathan@clearlythen.com.
Chargebacks
You agree to provide us fourteen (14) days’ notice to rectify any issues directly with us before submitting and attempting a chargeback with your financial institution or any third-party payment processor we use to process payment on our Site. We reserve the right to present proof of your access and these Terms any third party investigating the dispute. By initiating any chargeback dispute, you expressly agree to forfeit any and all bonuses, affiliate bonuses, or other materials or resources provided to you. We reserve the right to present proof of your access to the Services and your acceptance of these Terms to any third party investigating the dispute.
Payment Authorization
If any payment is recurring or made via a payment plan, you authorize our continued access to your financial information stored in any third-party payment processor we may use until your payment has been received in full and in accordance with any other payment terms accepted at the time of checkout.
Subscriptions
Subscription purchases are delivered automatically based on the preferences you set in your account. By selecting the subscription option, you are authorizing us to charge your credit card for future purchases based on the quantity and frequency you have specified. You accept responsibility for all recurring charges prior to cancellation. You can change or cancel your subscription up to 24 hours prior to your designated delivery date. You will receive a reminder email 7 days prior to each shipment.
INTELLECTUAL PROPERTY AND OWNERSHIP OF RIGHTS
Ownership of Intellectual Property Rights
All content, resources, materials, images, text, designs, graphics, page layouts, icons, videos, logos, taglines, trademarks (whether common law or registered), copyright, and service marks (“Intellectual Property”) on our Site, Services or posted on social media is owned by us, unless attributed otherwise. All content on the Site and in any Services is proprietary to us and you may not modify, whether in whole or in part, and of our Intellectual Property as this is a violation of federal law.
You are strictly prohibited, and may NOT under any circumstance, use our Intellectual Property in any way including re-posting or republishing any of our Intellectual Property to any third-party website or social media platform for any purpose whatsoever.
Linking to our Site and Social Media
Before you link to our website or social media, please ensure you are following our guidelines for doing so. If you wish to link to our Site as a source for a blog, article, or other marketing or promotional purpose you are required to include a direct link to our Site in the cited material. You are not permitted to share copied information or content from our Site without our express, written permission. All links to our Website must establish that you do not have any association or endorsement from the Company (absent a separate affiliate agreement, influencer agreement, or other written agreement).
You are not permitted to repost any of our information on your own website or social media account without our express written permission. You agree to immediately remove any content when requested by us.
Digital Product Licensing
When you purchase or opt-in to any of our digital products, services or other resources (collectively “Digital Products”), you do not obtain any ownership interest or other rights to the Digital Products and all ownership in the Digital Products remains with us. By purchasing or opting into Digital Products you receive a limited, non-transferable, non-exclusive, revocable license for non-commercial use only in order to access our Digital Products. As a condition of your use of any materials provided to you, you may not, under any circumstances, reproduce, copy, modify, sell or use such materials except as it was originally intended when it was provided by us to you, including sharing with any third-party. If it is determined that you have breached this limited license, this will be considered infringement of our Intellectual Property rights and we specifically reserve the right to invoice you for any licenses you have sent to others, seek damages, an injunction, and/or any such other available legal remedy in our sole discretion.
As part of your limited, non-transferable, non-exclusive royalty-free license you may (i) access the Services for your personal use or use in your business for non-commercial purposes; (ii) download or print any of the materials provided to you as part of the Services for your personal use or personal use in your business only.
For clarity, as a condition of your limited license you may not: (i) re-sell, distribute or trade your access or passwords to access the Digital products; (ii) share the Digital Products with anyone else who has not yet purchased it or opted in to receive it; (iii) republish any of the Digital Products, in part or in whole; (iv) distribute any of the materials contained in the Digital Products or related materials and/or communications as your own; (v) use the Digital Product in whole or in part as “inspiration” or make minor changes to any part or whole of your purchases for resale, sharing or distribution as your own work; (vi) claim ownership or use over any of our intellectual property, including but not limited to our Digital Products without our prior consent, which includes (but is not limited to): copyrights such as downloads, resources, courses, workbooks, lessons, videos, and more; trademarks such as names, logos, taglines, or other unique source identifiers; or trade dress including the look and feel of any of our Digital Products or other offerings (and its related communications and materials); or (vii) use our Digital Products or Intellectual Property in any related materials and/or communications in an unlawful way or for any illegal or unlawful purpose(s).
Violations and Indemnity
We take violations and infringement of our Intellectual Property rights seriously. We expressly reserve the right to take whatever legal steps necessary to protect and defend our Intellectual Property, and violators will be prosecuted to the fullest extent permissible by law. You agree to indemnify, defend and hold us harmless for any and all damages, costs and expenses, including legal fees, arising from your misuse of our Intellectual Property and our enforcement of our rights.
Media Release
By using our Site, you grant us a commercial license to use any image(s), including any containing your likeness, that you submit to us whether voluntarily or by default, such as your profile picture on any social media platforms, for our future business use.
SECURITY
General
You understand that unfortunately, the transmission of information via the internet is not completely secure. Although we make commercially reasonable efforts to protect your information, we cannot guarantee the security of your personal information transmitted to our Site. Any transmission of personal information is at your own risk. We are not responsible for circumvention of any privacy settings or security measures contained on our Site.
Security
If at any time you are required to create a username and password to access any Services, it is your responsibility to protect your username and password from theft or any other means of unauthorized use that would violate these Terms. If you become aware that your password has been compromised or your account has been breached, it is your responsibility to notify us immediately by sending an email to jonathan@clearlythen.com.
Use of Third-Party Applications
In order to run our Site and provide our Services, we use a number of third-party applications, such as for processing payment, delivering electronic newsletters, booking systems, AI Chatbots, and social media platforms. For more information as to how your personal information is collected, stored and processed, please refer to our Privacy Policy. You understand it is your responsibility to review the terms of use for any such third-party applications. If you do not agree with the terms of use for any third-party application used by our Site, please discontinue use of our Site and Services immediately.
Confidentiality
You acknowledge that we have no duty of confidentiality to you, unless otherwise explicitly stated, such as in a subsequent client agreement, or as may be mandated by law or fiduciary duty.
Your Communication with Us
By submitting a comment, photo, video or other materials to our Site or any other platform owned or maintained by us, you grant us a non-revocable, commercial license to re-publish your submission, in whole or in part, unless you expressly state that we may not do so. You acknowledge that we have no duty of privacy or confidentiality to you by accessing our Site.
Any communications made through our contact form, blog comments, AI Chatbots, social media pages or other related pages, or directly to our phone(s), mailing or email addresses is not held privileged or confidential and may be subject to viewing and/or distribution by third-parties. We own any and all communications displayed on our website, servers, comments, emails, or other media as permitted under law and will not give credit or pay royalties for unsolicited user-generated content such as blog comments or emails. For more information on when and how we store and use your communications or any information provided by you in those communications, please refer to our Privacy Policy.
We maintain the right to republish any communication or submission, in whole or in part, as reasonably necessary in the course of our business. You agree not to submit any content or communications that contain sensitive information or that could be illegal or serve an unlawful purpose, including, but not limited to communications that are potentially libelous or maliciously false, obscene, abusive, negligent, or otherwise harmful or inappropriate. We reserve the right, in our sole discretion, to block your access to our Site and Services as a result of any such behaviour that we deem inappropriate.
Prohibited Behaviour
By using our Site, you agree not to misuse or tamper with our Site, including but not limited to hacking, introducing viruses, trojans, worms, logic bombs or other technologically harmful material that would harm the functionality of, or jeopardize the security of our Site. We will immediately report any such breach or what we deem in our discretion to be harmful activities to the relevant law enforcement authorities. You agree to indemnify, defend and hold us harmless from any and all third-party claims, liability, damages and/or costs arising from your use and misuse of our Site and/or your breach of these Terms.
ASSUMPTION OF RISK AND DISCLAIMERS
Assumption of Risk
Use of this Site is at your own risk. You understand and agree that use of our Site, its contents and purchase of any services, or items found or attained through this Site is at your own risk. While we host our site on a reputable platform and take commercially reasonable efforts to maintain and host the Site, we make no representations, warranties or guarantees as to your individual safety when using our Site. You further assume all risk associated with your access to and use of any information or materials provided to you on the Site, Services or any other pages, platforms or profiles maintained by us and any subsequent actions you choose to take, or not to take, as a result of the information, influence or educational materials provided or made available to you.
Warranties Disclaimer
We make no warranties as to our Site, the Services or any related materials. You agree that our Site, and Services are provided “as is” and without warranty of any kind either express or implied. To the fullest extent permissible pursuant by applicable law, we expressly disclaim all warranties, including, but not limited to, warranties of merchantability, fitness for a particular purpose and non-infringement.
No Guarantees; Testimonial Disclaimer
While we may reference certain results, outcomes or situations on this Site or Services, you understand and acknowledge that we make no guarantee as to the accuracy of any third-party statements or the likelihood of success for you as a result of any statements or testimonials contained on our Site or as part of the Services. The testimonials, statements and/or opinions presented on our Site are the results of the individuals who provided them. Results and/or experiences of each individual may vary. The testimonials used on our Site may not represent and does not guarantee the same or similar result or experience of others who use our Site and/or Services. All testimonials provided on our Site were voluntarily provided without payment or in exchange for any compensation, including free Services, unless expressly indicated otherwise.
General Disclaimer
To the fullest extent permitted by law, we expressly exclude any liability for any direct, indirect, or consequential loss or damage incurred by you or others in connection with the use of our Site or the Services, including without limitation any liability for any accidents, delays, injuries, harm, loss, damage, death, lost profits, personal or business interruptions, misapplication of information, physical, mental, emotional, or spiritual injury or harm, loss of income or revenue, loss of business, loss of profits or contracts, anticipated savings, loss of data, loss of goodwill, and for any other loss or damage of any kind, whether caused by negligence, breach of contract or otherwise, whether foreseeable or unforeseeable.
Earnings Disclaimer
You agree that you understand individual outcomes will vary. Case studies or testimonials are not indicative of guaranteed results. Each individual user approaches our Services with different backgrounds, disposable income levels, motivation, skills and experience, and other factors that are outside of our control. We cannot guarantee your success or financial gain merely upon access of our Site or your use of Services.
Third Party Disclaimer
You acknowledge and agree that we are not liable for any defamatory, offensive, or illegal conduct of any other third-party participant or user, including you.
Technology Disclaimer
We make reasonable efforts to provide you with modern, reliable technology, software, and platforms from which to access our Site and Services. In the event of a technological failure, you accept and acknowledge that we are not in any way responsible or liable for said failure and any resulting damages to you or your business. While we will make reasonable efforts to support you, some technological issues are outside our control and you may need to access support from a third-party provider. We do not warrant that the Site will be functional, uninterrupted, correct, complete, appropriate, or error-free, that defects will be corrected, or that any part of the Site or Services are free of viruses or other harmful components. We do not warrant or make any representations regarding the use or the results of the use of our Site, Services or related materials, or on third-party websites in terms of their correctness, accuracy, timeliness, reliability, or otherwise.
Use of Artificial Intelligence Disclaimer
We may use artificial intelligence (“AI”) to create content and dynamic, interactive resources for our Site. Our Site and related materials may contain the use of AI technologies including, but not limited to, AI-generated text, chat bots, graphics, images, and/or audio. We confirm AI technology was used as a tool by us to supplement and enhance our content. We retain and maintain sole copyright ownership over such content. We further confirm we were given a non-exclusive license to use such AI-generated content from third-party AI platform(s). You understand and acknowledge that we make no guarantee as to the accuracy of third-party AI-generated content contained herein and you expressly acknowledge and understand that any information or knowledge you gain as a result of using any AI-generated content on this website is used at solely at your own risk.
Not Professional Advice
We are not medical, legal, financial, or other regulated professionals, or if we are, your use of our Site does not mean we are providing our professional services to you. You expressly acknowledge and agree that we are not acting in any professional capacity, including medical, legal, financial, or otherwise during the course of any Service. No part of our Site, the Service or any related content or materials are to be construed as medical, legal or financial advice. We expressly disclaim any and all responsibility for any actions or omissions you choose to make as a result of using this Site and/or Services.
Third-Party Contributors
We may provide content to you written by third-party contributors on our Site. While we make our best effort to ensure all of our writers are qualified in their industry and reflect our values, we make no guarantees of quality or accuracy. All written content on the Site are opinion pieces and must not be interpreted as our opinion or as specific advice. We are not liable for any third-party contributors’ content or opinions. You must not rely on Site content or third-party contributors’ opinions and always seek the appropriate professional advice.
LIMITATION OF LIABILITY AND INDEMNITY
Limitation of Liability
EXCEPT WHERE SUCH EXCLUSIONS ARE PROHIBITED BY LAW, UNDER NO CIRCUMSTANCE WILL COMPANY NOR, WHERE APPLICABLE, ITS DIRECTORS, OFFICERS, EMPLOYEES, AGENTS, SERVICE PROVIDERS, CONTRACTORS, LICENSORS, LICENSEES, SUPPLIERS, AFFILIATES OR SUCCESSORS (“COLLECTIVELY, THE “RELEASED PARTIES”) BE LIABLE FOR NEGLIGENCE, GROSS NEGLIGENCE, NEGLIGENT MISREPRESENTATION, FUNDAMENTAL BREACH OR DAMAGES OF ANY KIND, INCLUDING ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, INCLUDING, BUT NOT LIMITED TO, PERSONAL INJURY, PAIN AND SUFFERING, EMOTIONAL DISTRESS, LOSS OF REVENUE, LOSS OF PROFITS, LOSS OF BUSINESS OR ANTICIPATED SAVINGS, LOSS OF USE, LOSS OF GOODWILL, LOSS OF DATA, AND WHETHER CAUSED BY TORT (INCLUDING NEGLIGENCE), BREACH OF CONTRACT, BREACH OF PRIVACY, OR OTHERWISE, EVEN IF THE PARTY WAS ALLEGEDLY ADVISED OR HAD REASON TO KNOW, ARISING OUT OF OR IN CONNECTION WITH YOUR USE, OR INABILITY TO USE, OR RELIANCE ON, THE WEBSITE, ANY LINKED WEBSITES OR SUCH OTHER THIRD-PARTY WEBSITES, NOR ANY WEBSITE CONTENT, MATERIALS, POSTING, OR INFORMATION ON THE WEBSITE EVEN IF THE PARTY WAS ALLEGEDLY ADVISED OR HAD REASON TO KNOW.
OUR SOLE AND ENTIRE MAXIMUM LIABILITY, FOR ANY REASON, AND YOUR AND YOUR SOLE AND EXCLUSIVE REMEDY FOR ANY CAUSE, WHATSOEVER, SHALL BE LIMITED TO ANY ACTUAL AMOUNT PAID BY YOU FOR ANY PRODUCTS AND/OR SERVICES YOU HAVE ORDERED THROUGH OUR SITE.
Release, Indemnity and Waiver
To the maximum extent permitted by applicable law, you agree to defend, indemnify release and hold harmless the Released Parties from and against any claims, liabilities, damages, judgements, awards, losses, costs, expenses or fees (including reasonable legal fees) arising out of or relating to your breach of these Terms or your use of our Site, including but not limited to any user submissions, third-party sites, any use of our Site’s content or materials, services and products other than as expressly set out in these Terms.
Affiliate Disclaimer
We may use affiliate links to sell certain products or services on our Site meaning that if you click on a link and purchase an item, we may receive an affiliate commission. In doing so, we disclaim any and all liability as a result of your purchase through one of the links, including but not limited to, the delivery, quality and safety of the purchased product or service. We will use reasonable efforts to notify you when and where we have placed affiliate links in addition to this disclaimer located in these Terms. You accept express liability for any and all consequences or benefits of clicking the affiliate links contained on our Site or related communications. You agree it is your obligation to read the terms and conditions for any affiliate site, services or products.
Termination of Your Use
If at any time we believe that you have violated these Terms, we shall immediately terminate your use of our Site, the Services and any related communications as we deem appropriate and in our sole discretion. At any time, we may block or revoke your access of our Site and Services at any time without notice, and if necessary, block your IP address from further visits to our Site.
DISPUTES AND CLAIMS
Notice of Dispute or Claim
You will not file any legal action against ClearlyThen Inc. in any forum without submitting a detailed description of your dispute or claim to us at jonathan@clearlythen.com ("Dispute"). The information you provide to us must include specific information about the Claim such as the nature of the issue, the Site page(s) affected by the issue, reference to any legal authority governing the issue, such as citations to state privacy laws, CANSPAM statutes, or similar regulations, and any other information a reasonable person would consider relevant to resolving the issue.
Resolution Process
We shall have ninety (90) days to respond to your email notice. If you send more than one (1) email notice, the 90-day response timeline applies separately to each email notice you send. If your issue is not resolved within ninety (90) days, you have thirty (30) days to request an informal mediation about the issue with ClealyThen Inc. If we agree to mediation, the mediation will take place in Peterborough, Ontario, Canada, with a professional mediator to be mutually selected by the parties. The parties will split the costs of mediation equally.
Litigation
If a dispute between you and ClealyThen Inc. cannot be resolved informally or through mediation, litigation may be commenced in the courts of Peterborough, Ontario, Canada. Each party agrees to submit to the exclusive jurisdiction of such courts with respect to any dispute(s) and agrees not to bring any dispute(s) in any other court or adjudicative body. Each party hereby consents to venue and personal jurisdiction in such courts with respect to such dispute(s) and irrevocably waives any right that it may have to assert that such forum is not convenient or that any such court lacks jurisdiction.
Jury and Class Action Waiver
YOU WAIVE THE RIGHT TO A TRIAL BY JURY, TO PARTICIPATE IN A CLASS ACTION, OR TO SEEK REMEDIES BEYOND THE EXTENT NECESSARY TO PROVIDE INDIVIDUALIZED RELIEF. YOU AGREE NOT TO ACT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED OR DE FACTO CLASS OR REPRESENTATIVE PROCEEDING, OR AS A PRIVATE ATTORNEY GENERAL OR ON BEHALF OF THE GENERAL PUBLIC.
Time Limitation
Any Dispute(s) must be filed within two (2) years after the cause of action arose and you waive any statute of limitations to the contrary.
Injunctive Relief
Your breach of these Terms is likely to cause immediate and/or irreparable harm to ClearlyThen Inc.. As such, we may seek injunctive relief against you without the need to post bond.
GENERAL
Full Agreement
You acknowledge that these Terms of Use, together with our Privacy Policy constitute the full agreement relating to your use of the Site and Services.
Governing Law, Jurisdiction; Legal Fees
These Terms as well as our Privacy Policy are governed by and interpreted in accordance with the laws of Ontario and the federal laws of Canada where applicable. Any disputes arising directly or indirectly from this Agreement will be submitted and heard exclusively in the courts of Peterborough, Ontario, Canada. Subject to applicable law, the substantially prevailing party in any dispute litigation regarding any Disputes(s) will be entitled to recover reasonable legal fees and costs, including expert costs.
Severability
If any of the provisions of these Terms are found to be invalid, illegal or unenforceable, the validity, legality and enforceability of the remaining provisions will not, to the extent permitted by law, in any way be affected and will remain enforceable.
Waiver
The failure by is to exercise or enforce any right or provision of this Terms shall not operate as a waiver of such right or provision. Any waiver of these Terms by us must be expressly set out in writing.
All Rights Reserved
We reserve the right to update and change these Terms at any time and it is your responsibility to review these Terms periodically. You can review the most current version of our Terms at any time by visiting this page. [If you want to be notified about changes to these Terms and our Privacy Policy, please email us at jonathan@clearlythen.com and we will add you to our notification list.] If you continue to use the Site after we make changes, you agree to the changes. All rights not expressly set out and granted in these Terms and Conditions of Use and/or our Privacy Policy are expressly reserved by us.
Contact
If you have any questions about these Terms and Conditions of Use, please send an email to jonathan@clearlythen.com .