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Terms of Use

ACCEPTANCE OF TERMS

Clarion Brands, LLC ("Clarion") makes available for your use on this Site located at www.certaindri.com (the "Site") information, documents, software and products (collectively, the "Content") and various services (the "Services"), subject to the terms and conditions set forth in this document (the "Terms of Use"). By accessing the Site, you agree to the Terms of Use. Clarion reserves the right to change the Terms of Use from time to time at its sole discretion without notice. Your use of the Site will be subject to the most current version of the Terms of Use posted on the Site at the time of such use. There may be additional terms and conditions relating to your use of certain portions of the Site. If you use these other portions of the Site, you will also be bound by those other terms and conditions. If you breach any of the Terms of Use, your authorization to use this Site automatically terminates and you must immediately destroy any Content downloaded or printed from the Site.

Site Intended Audience

This Site is operated by Clarion from its offices in the United States. This Site is directed to adults in the United States and is not intended for children under the age of thirteen.

Your Use of Content and Information - Disclaimer with Respect to Content

A variety of information, advice, recommendations, letters, messages, comments, posts, text, graphics, sound, photographs, videos, data, and other materials ("Content") is available on the Site. Some of the Content is provided by Clarion or its suppliers, and other Content is provided by persons who use the Site ("Users"), such as User opinions and views provided via posts to chat rooms, blogs, bulletin boards, or discussion forums. While Clarion strives to keep the Content that it posts on the Site accurate, complete, and up-to-date, Clarion cannot guarantee, and is not responsible for, the accuracy, completeness, or timeliness of any Content, whether provided by Clarion or its suppliers, or by Users of the Site. Any opinions, advice, statements or other information expressed or made available by Users or third parties, including but not limited to bloggers, are those of the respective User or other third party and not of Clarion. Clarion does not endorse and is not responsible for the accuracy or reliability of any opinion, advice or statement made on the Site.

Clarion does not have any obligation to prescreen, edit, or remove any Content provided by Users that is posted on or available through the Site.

Notwithstanding the foregoing, Clarion will have the right (but not the obligation), in its sole discretion and for any reason, to prescreen, edit, refuse to accept, remove, or move any such Content.

THE CONTENT AVAILABLE VIA THE SITE IS PROVIDED WITH THE UNDERSTANDING THAT NEITHER CLARION NOR ITS SUPPLIERS OR USERS ARE ENGAGED IN RENDERING MEDICAL, COUNSELING, LEGAL, OR OTHER PROFESSIONAL SERVICES OR ADVICE.

SUCH CONTENT IS INTENDED SOLELY AS A GENERAL EDUCATIONAL AID. IT IS NOT INTENDED AS MEDICAL OR HEALTHCARE ADVICE, OR TO BE USED FOR MEDICAL DIAGNOSIS OR TREATMENT, FOR ANY INDIVIDUAL PROBLEM. IT IS ALSO NOT INTENDED AS A SUBSTITUTE FOR PROFESSIONAL ADVICE AND SERVICES FROM A QUALIFIED HEALTHCARE PROVIDER FAMILIAR WITH YOUR UNIQUE FACTS. ALWAYS SEEK THE ADVICE OF YOUR PHYSICIAN OR OTHER QUALIFIED HEALTHCARE PROVIDER REGARDING ANY MEDICAL CONDITION AND BEFORE STARTING ANY NEW TREATMENT.

User-Submitted Content

Representations Made and Rights Granted

You are responsible for all Content that you submit, post, or otherwise make available to or through the Site. By doing so, you represent and warrant to Clarion that such content is not confidential and that you have all necessary permission to submit, post and otherwise make available such Content.

Clarion makes no claims to ownership of Content that you submit, post or otherwise make available to or through the Site and you continue to retain all ownership rights in such Content and the right to use your Content as you determine. However, by posting to our website you grant to Clarion and its affiliates a worldwide, nonexclusive, perpetual, fully sub-licensable, royalty-free right and license as described below:

  • with respect to Content other than photos, graphics, audio, video, or journals that you submit, post or otherwise make available to public areas of the Site (e.g. not intended as a private communication), the license to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute , publicly perform, and publicly display such Content (in whole or part) worldwide via the Site or otherwise, and/or to incorporate it in other works in any form, media, or technology now known or later developed; and
  • with respect to photos, graphics, audio, video or journals that you submit, post or otherwise make available to public areas of the Site, the license to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, publicly perform and publicly display the license to use such Content is limited to the purpose for which such Content was submitted, posted or made available.

Complaints Regarding Content

For any complaints regarding content contact Clarion Customer Service at 1-844-923-7837 or ClarionBrands@marketgate.com.

INTELLECTUAL PROPERTY RIGHTS

All copyrights, trademarks, service marks, logos and other intellectual property rights in the Site, any Content and any Services are owned by and shall at all times remain the property of Clarion and/or third parties. Clarion DOES NOT grant any express or implied right to you under any patent, copyright, trademark or other intellectual property right with respect to the Site, the Content or the Services. You grant Clarion permission to use on the Site or in connection therewith all comments, graphics, ideas and other information you provide to Clarion through the Site, email or other means.

COPIES

Except as specifically authorized by these Terms of Use, no portion of the Content may be reproduced, displayed, distributed, stored or used in any form or by any means without Clarion's prior written consent.

CONTENT

You may view, download and print the Content subject to the following conditions:

  1. The Content may be used solely for your personal, informational, internal and noncommercial purposes.
  2. The Content may not be modified or altered in any way.
  3. The Content may not be distributed.
  4. You may not remove any copyright or other proprietary notices contained in the Content.
  5. Clarion reserves the right to revoke your authorization to view, download and print any Content at any time, and you must discontinue any such use immediately upon written notice from Clarion.
  6. The rights granted to you in these Terms of Use constitute a revocable, non-exclusive, personal, non-transferable license and NOT a transfer of title

Notwithstanding the foregoing, elements of the Site (including without limitation its design and layout) are protected by copyright, trade dress and other laws and may not be copied or imitated in whole or in part.

USE AND PROTECTION OF ACCOUNT ID AND PASSWORD

You are responsible for maintaining the confidentiality of your account ID and/or password, if applicable. You are responsible for all uses of your account, whether or not you actually or expressly authorize them.

WARRANTIES AND DISCLAIMERS

THE SITE, ALL CONTENT AND ALL SERVICES ARE PROVIDED "AS IS" WITHOUT WARRANTY OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION ANY IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, OR ANY WARRANTY OF NON-INFRINGEMENT. WITHOUT LIMITING THE FOREGOING, CLARION MAKES NO WARRANTY THAT (i) THE SERVICES OR CONTENT WILL MEET YOUR REQUIREMENTS, (ii) THE SERVICES OR CONTENT WILL BE UNINTERRUPTED, TIMELY, SECURE OR ERROR-FREE, (iii) THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SERVICES OR THE CONTENT WILL BE EFFECTIVE, ACCURATE OR RELIABLE, (iv) THE QUALITY OF ANY PRODUCTS, SERVICES OR INFORMATION THAT YOU PURCHASE OR OBTAIN FROM THE SITE WILL MEET YOUR EXPECTATIONS, (v) DEFECTS IN THE CONTENT OR THE SITE WILL BE CORRECTED OR (vi) THE SITE IS FREE OF VIRUSES OR OTHER HARMFUL COMPUTER CODE. TO THE EXTENT PERMISSIBLE BY LAW, ANY IMPLIED WARRANTIES ARE LIMITED TO 90 DAYS. SOME STATES OR JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES OR LIMITATIONS ON HOW LONG AN IMPLIED WARRANTY MAY LAST, SO THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU.

The downloading or other acquisition of any Content, Services or products through the Site is done at your own discretion and risk and with your agreement that you will be solely responsible for any damage to your computer system, loss of data or other damage or loss that results from any such downloading or acquisition. No advice or information, whether oral or written, that you obtain from Clarion or through or from the Site will create any warranty not expressly stated in these Terms of Use.

The Site contains links to third-party Sites that are not under Clarion's control. Clarion makes no representations whatsoever about any other Site to which you may have access through the Site. When you access a Site other than the Site, you do so at your own risk and Clarion is not responsible for the accuracy or reliability of any information, data, opinion, software, advice, content or statements contained on these Sites or for the quality of any products or services available on these Sites. Clarion provides these links merely as a convenience and the inclusion of such links does not imply that Clarion endorses, recommends or accepts any responsibility for the content or use of these Sites.

IN NO EVENT WILL CLARION BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY DAMAGES INCURRED IN CONNECTION WITH THE USE OF THE SITE OR ANY OTHER MATTER RELATING TO THE SITE, THE CONTENT, THE SERVICES OR ANY SITE REFERENCED OR LINKED TO FROM THE SITE (INCLUDING WITHOUT LIMITATION ANY SPECIAL, INCIDENTAL, INDIRECT, PUNITIVE, CONSEQUENTIAL OR OTHER SIMILAR DAMAGES, INCLUDING WITHOUT LIMITATION THOSE RESULTING FROM LOSS OF USE, DATA OR PROFITS), WHETHER OR NOT Clarion COULD HAVE FORESEEN THE POSSIBILITY OF SUCH DAMAGES. SOME JURISDICTIONS PROHIBIT THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, SO THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU.

YOUR INFORMATION

Refer to the Clarion Privacy Policy posted on the Site to learn how Clarion protects your personal information. To the extent you provide any information to Clarion while using the Site, you represent and warranty that all such information is accurate and complete in all respects.

TERMINATION AND MODIFICATION

Clarion may modify or terminate the Site, any Content and any Services, including without limitation the prices and descriptions of any products or Services listed on the Site, at any time without notice. The Content or Services may be out of date, and Clarion makes no commitment to update any Content or Services.

INAPPROPRIATE BEHAVIOR

Any of the following may result in your suspension or permanent expulsion from the Site. The sole test of whether or not you have engaged in such behavior is Clarion's own discretion. Certain behaviors also may result in criminal or civil action.

  1. Use of vulgar or offensive language, including in your username or email address.
  2. Perpetration of illegal, abusive or unethical activity.
  3. Threat of physical violence.
  4. Threat of destruction of property.
  5. Harassment of any person.
  6. Making any racially, sexually or otherwise offensive comment.
  7. Distribution of obscene material or use of obscene or sexually suggestive language.
  8. Violation of privacy, including without limitation the involuntary public disclosure of a third party's phone number, mailing or email address or other personal or private information.
  9. Defacement of any part of the Site.
  10. Hacking, the deliberate distribution of a computer virus or any access or attempt to access other areas of any computer equipment on which the Site is located or other information contained on such computer equipment for any purpose.
  11. Gambling or promotion of gambling.
  12. Infringement of the intellectual property or other proprietary rights of any party.

INDEMNITY

You agree to indemnify and hold harmless Clarion and its subsidiaries, affiliates, officers, agents, affiliates, co-branders and employees from and against any cost, expense, indebtedness, liability, loss, claim or demand, including without limitation reasonable attorneys' fees and disbursements, arising out of content you submit, post to or transmit through the Site, your use of the Site or any Content or Services, your connection to the Site, your violation of these Terms of Use or your violation of any rights of Clarion or any other individual or entity.

NOTICES

You may send notices to Clarion at ClarionBrands@marketgate.com. Any notice will be effective upon actual receipt by Clarion. Clarion may send notices to you through e-mail, regular mail or a posting on the Site. Any such notice will be effective upon actual receipt by you in the case of e-mail or regular mail or upon posting on the Site.

GOVERNING LAW AND JURISDICTION

These Terms of Use (i) may be amended by Clarion at any time by posting an amendment on the Site, whether or not you actually receive notice of the amendment, or by you and Clarion in a writing executed by you and Clarion, (ii) inure to the benefit of, and are binding upon, you and Clarion and each of your and Clarion's successors and assignees, except that you may not assign any of your obligations under these Terms of Use without Clarion's prior written consent, (iii) are governed by and will be interpreted and enforced in accordance with the laws of the Commonwealth of Pennsylvania without regard to principles of conflict of laws and (iv) constitute the entire agreement between you and Clarion with respect to the subject matter hereof, and supersede all prior oral and written proposals, representations, understandings and agreements. You and Clarion will submit any dispute relating to the Site, the Content, the Services or these Terms of Use exclusively to a federal or state court located in the Eastern District of Pennsylvania and consent to its being a proper venue for such dispute. Clarion makes no representation that the Site, the Content or the Services are appropriate or available for use in locations other than the Commonwealth of Pennsylvania, and accessing them from territories where they are illegal is prohibited. Those who choose to access this Site from other locations do so exclusively on their own initiative, for their own purposes, and are responsible for compliance with local laws.