Last updated November 8th, 2020.
Clerksy means Clerksy, Inc., a registered California Corporation.
Terms of Service means, legal agreements between a Clerksy and a person who wants to use our service.
Responsible Person means the individual responsible for this Terms of Service within Clerksy.
This Terms of Service and User Agreement (“Agreement”) is between “you,” the user, and Clerksy, Inc., dba Clerksy, with its corporate headquarters at 17875 Von Karman Avenue, Suite 150 & 250, Irvine, CA 92614, and its affiliated companies (all collectively “Clerksy”, “we,” “us,” or “our”).
THE TERMS OF THIS AGREEMENT CONTAIN WARRANTY DISCLAIMERS AND OTHER PROVISIONS THAT LIMIT OUR POTENTIAL LIABILITY TO YOU. PLEASE READ THIS AGREEMENT IN ITS ENTIRETY. If you do not agree to the terms of this Agreement, please do not use the Clerksy Website.
Clerksy is not responsible if the Clerksy Website is not accurate, complete or current. Please do not rely upon the Clerksy Website. CLERKSY MAKES NO PROMISES, REPRESENTATIONS OR WARRANTIES AS TO THE COMPLETENESS OR ACCURACY OF THE CLERKSY WEBSITE, AND IT IS YOUR RESPONSIBILITY TO EVALUATE THE ACCURACY AND RELIABILITY OF ANY CONTENT, OPINIONS, ADVICE, OR INFORMATION AVAILABLE ON THE CLERKSY WEBSITE THAT IS OF INTEREST TO YOU. The Clerksy Website may include inaccuracies or errors and is subject to change without notice.
The Clerksy Website is the exclusive property of and owned by Clerksy, Inc. its licensors or its content providers and is protected by copyright, trademark and other applicable laws. Subject to your strict compliance with this Agreement, Clerksy hereby grants to you a limited, personal, revocable, noncommercial, nonexclusive, non-assignable, and nontransferable license to access and view the Clerksy Website. No other use of the Clerksy Website is authorized. You agree that you will not use the Clerksy Website except as expressly permitted in this Agreement and will not sell, resell, copy, transfer, reverse engineer, disassemble, decompile, or create derivative works of the Clerksy Website. You agree to use the Clerksy Website solely for your own personal use in your capacity as an employee of one of our customers or prospective customers. You further agree that you will not to: (a) use a false name(s), false email address(s), or other false identifying information; (b) impersonate anyone or any entity; or (c) otherwise provide information you know to be misleading or inaccurate.
In the event Clerksy determines, in its sole discretion, that you have violated this Agreement, Clerksy may block access to your use of the Clerksy Website, or block the downloading of content from the Clerksy Website, or pursue any other remedies available to it. That we may, from time to time, waive a breach of this Agreement will not be construed to be a waiver of any succeeding breach.
Trademarks, logos and service marks displayed on the Clerksy Website (the “Trademarks”) are registered and unregistered trademarks of Clerksy, Inc. Clerksy does not grant you, and nothing on the Clerksy Website shall be construed as granting, by implication, estoppel, or otherwise, any license or right to use any Trademarks. Use of any Trademarks as meta-tags for search engines, as keywords to trigger sponsored advertising, or in any other manner not expressly authorized by Clerksy, is strictly prohibited.
The Clerksy Website and other communications from Clerksy to you may include links, advertisements of other promotions for third party websites, social media platforms, or other third-party goods or services. You expressly acknowledge and understand that Clerksy is not affiliated with such third parties and is not responsible or liable for your use of any such third-party sites, goods or services. Your interactions and transactions with third parties found through the Clerksy Website or Clerksy communications are solely between you and the third party, not you and Clerksy. Clerksy will not reimburse or indemnify you for any losses you may incur as a result of any such third-party dealings.
THE CLERKSY WEBSITE, AND ALL CLERKSY MARKETING MATERIALS OF ANY KIND, INCLUDING BUT NOT LIMITED TO BLOGS, WHITEPAPERS, WEBINARS, INFOGRAPHICS, VIDEOS, ARTICLES, CASE STUDIES, AND BROCHURES (“MARKETING MATERIALS”), ARE PROVIDED ON AN “AS IS,” “AS AVAILABLE,” AND “WITH ALL FAULTS” BASIS, WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESSED OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, TITLE, CUSTOM, TRADE, QUIET ENJOYMENT, SYSTEM INTEGRATION AND FREEDOM FROM COMPUTER VIRUS OR OTHER HARMFUL COMPONENTS. APPLICABLE LAW MAY NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES, SO THE ABOVE EXCLUSIONS MAY NOT APPLY TO YOU.
YOU ACKNOWLEDGE AND UNDERSTAND THAT YOUR USE OF THE CLERKSY WEBSITE, AND/OR ANY CLERKSY MARKETING MATERIALS, IS AT YOUR SOLE RISK. CLERKSY DOES NOT MAKE ANY REPRESENTATIONS OR WARRANTIES THAT THE INFORMATION ON OR AVAILABLE THROUGH ANY OF THESE SOURCES IS ACCURATE, COMPLETE, OR USEFUL. YOU ASSUME FULL RESPONSIBILITY AND RISK FOR YOUR USE OF, AND RELIANCE ON, THE CLERKSY WEBSITE AND/OR ANY CLERKSY MARKETING MATERIALS. NO OPINION, ADVICE, OR STATEMENT OF CLERKSY, WHETHER MADE ON THE CLERKSY WEBSITE OR OTHERWISE, SHALL CREATE ANY WARRANTY. CLERKSY NEITHER ENDORSES NOR IS RESPONSIBLE FOR ANY OPINION, ADVICE, INFORMATION, OR STATEMENT MADE OR DISPLAYED ON THE CLERKSY WEBSITE OR ANY CLERKSY MARKETING MATERIALS. CLERKSY SPECIFICALLY DISCLAIMS ANY RESPONSIBILITY OR LIABILITY TO ANY PERSON OR ENTITY FOR ANY LOSS, DAMAGE (WHETHER ACTUAL, CONSEQUENTIAL, PUNITIVE OR OTHERWISE), INJURY, CLAIM, LIABILITY OR OTHER CAUSE OF ANY KIND OR CHARACTER BASED UPON OR RESULTING FROM SUCH CONTENT OBTAINED ON OR THROUGH THE CLERKSY WEBSITE OR FROM YOUR USE OF THE CLERKSY WEBSITE IN GENERAL OR FROM ANY CLERKSY MARKETING MATERIALS. YOUR RESULTS AND EXPERIENCES WILL VARY FROM WHAT IS PRESENTED IN THE AFOREMENTIONED CLERKSY SOURCES AND WILL DEPEND ON YOUR SPECIFIC SITUATION. NO PROMISES, ASSURANCES, OFFERS, OR GUARANTEES ARE PRESENTED IN ANY OF THESE CLERKSY SOURCES.
UNDER NO CIRCUMSTANCES SHALL CLERKSY BE LIABLE TO YOU FOR ANY LOSS OR DAMAGES OF ANY KIND (INCLUDING, WITHOUT LIMITATION, FOR ANY DIRECT, INDIRECT, SPECIAL, CONSEQUENTIAL, PUNITIVE, EXEMPLARY AND/OR INCIDENTAL DAMAGES), INCLUDING, BUT NOT LIMITED TO, LOST PROFITS OR ATTORNEYS’ FEES, ARISING OUT OF OR IN ANY WAY RELATING, DIRECTLY OR INDIRECTLY, TO: (A) THE CLERKSY WEBSITE; (B) YOUR USE OF, INABILITY TO USE, OR THE PERFORMANCE OF THE CLERKSY WEBSITE; (C) YOUR USE OF OR RELIANCE UPON ANY INFORMATION OR CONTENT PROVIDED ON OR VIA THE CLERKSY WEBSITE; (D) ANY ERRORS OR OMISSIONS IN THE TECHNICAL OPERATION OF THE CLERKSY WEBSITE; OR (E) ANY DAMAGE TO ANY USER’S COMPUTER, MOBILE DEVICE, HARDWARE, SOFTWARE, OR OTHER EQUIPMENT OR TECHNOLOGY INCLUDING, WITHOUT LIMITATION, DAMAGE FROM ANY SECURITY BREACH OR FROM ANY VIRUS, BUGS, TAMPERING, FRAUD, ERROR, OMISSION, INTERRUPTION, DEFECT, DELAY IN OPERATION OR TRANSMISSION, COMPUTER LINE OR NETWORK FAILURE OR ANY OTHER TECHNICAL OR OTHER MALFUNCTION. EACH OF THE FOREGOING DISCLAIMERS APPLIES EVEN IF FORESEEABLE OR EVEN IF CLERKSY HAS BEEN ADVISED OF OR SHOULD HAVE KNOWN OF THE POSSIBILITY OF SUCH DAMAGES, WHETHER IN AN ACTION OF CONTRACT, NEGLIGENCE, STRICT LIABILITY OR TORT (INCLUDING, WITHOUT LIMITATION, WHETHER CAUSED IN WHOLE OR IN PART BY NEGLIGENCE, ACTS OF GOD, TELECOMMUNICATIONS FAILURE, OR DESTRUCTION OF THE CLERKSY WEBSITE). IN NO EVENT WILL CLERKSY BE LIABLE TO YOU OR ANYONE ELSE FOR LOSS, DAMAGE OR INJURY. YOU AND CLERKSY AGREE THAT ANY CAUSE OF ACTION ARISING OUT OF OR RELATED TO THE CLERKSY WEBSITE MUST COMMENCE WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION ACCRUES OR THE CAUSE OF ACTION IS PERMANENTLY BARRED.
SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE FOREGOING LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU.
YOUR SOLE REMEDY FOR DISSATISFACTION WITH ANY PORTION OF THE CLERKSY WEBSITE IS TO STOP USING THE CLERKSY WEBSITE, AND THE SOLE AND EXCLUSIVE MAXIMUM AGGREGATE LIABILITY OF CLERKSY FOR ALL DAMAGES, LOSSES, AND CAUSES OF ACTION (WHETHER IN CONTRACT, TORT (INCLUDING NEGLIGENCE), OR OTHERWISE) SHALL BE TEN DOLLARS ($10.00). YOU AGREE THAT IN THE EVENT YOU INCUR ANY DAMAGES, LOSSES OR INJURIES THAT ARISE OUT OF CLERKSY’S ACTS OR OMISSIONS, THE DAMAGE, IF ANY, CAUSED TO YOU IS NOT IRREPARABLE OR SUFFICIENT TO ENTITLE YOU TO AN INJUNCTION PREVENTING ANY EXPLOITATION OF THE CLERKSY WEBSITE AND YOU WILL HAVE NO RIGHTS TO ENJOIN OR RESTRAIN THE DEVELOPMENT, PRODUCTION, DISTRIBUTION, ADVERTISING, EXHIBITION OR EXPLOITATION OF ANY CLERKSY WEBSITE, MOBILE FEATURE, PROPERTY, PRODUCT, SERVICE, OR OTHER SITE CONTENT OWNED OR CONTROLLED BY CLERKSY.
If any provision of this Agreement is unlawful, void or unenforceable, the remaining provisions of this Agreement will remain in effect.
We reserve the right to modify or add to this Agreement at any time without prior notice, and you agree that we may do so. We will link to the latest version of this Agreement on the home page of the Clerksy Website, and your use of the Clerksy Website after we have posted the updated terms constitutes your agreement to these updated terms. Therefore, you should review this Agreement each time before using the Clerksy Website. The updated terms will be effective as of the time of posting and will apply to your use of the Clerksy Website from that point forward.
We may assign this Agreement in whole or in part, without notice to or consent from you. You may not assign this Agreement without our prior written consent.
This notice is for our California users. The Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs may be contacted by mail at 1625 North Market Blvd., Suite N 112, Sacramento, CA 95834, or by telephone at (916) 445-1254 or (800) 952-5210.
If you would like to contact us, we may be reached at:
17875 Von Karman Avenue
Suite 150 & 250
Irvine, CA 92614