JUNE 30, 2020
BEFORE USING CLEAROPS SERVICES (AS DEFINED BELOW), PLEASE READ THESE TERMS OF SERVICE (THESE “TERMS”). THESE TERMS ARE INCORPORATED BY REFERENCE INTO THE ORDER FORM EXECUTED BY THE COMPANY IDENTIFIED AS THE “CUSTOMER” IN THE ORDER FORM (“CUSTOMER”) AND CLEAROPS, INC. (“CLEAROPS”). PURSUANT TO THESE TERMS, CUSTOMER SHALL RECEIVE THE RIGHT TO ACCESS AND USE CLEAROPS SERVICES AND PRODUCTS; AND/OR RECEIVE OTHER SERVICES FROM CLEAROPS. THESE TERMS AND THE ORDER FORM TOGETHER FORM A BINDING AND EXECUTED WRITTEN AGREEMENT BETWEEN CUSTOMER AND CLEAROPS, EFFECTIVE AS OF THE EARLIEST OF THE DATE OF MUTUAL EXECUTION OF THE ORDER FORM OR THE DATE IN WHICH THE CUSTOMER USES THE SERVICES. WHILE THESE TERMS ARE QUITE LONG, IT IS IMPORTANT FOR YOU TO UNDERSTAND YOUR RIGHTS AND OBLIGATIONS. FOR SPECIFIC REQUESTS OR INQUIRIES ABOUT THESE TERMS, PLEASE CONTACT US AT LEGAL@CLEAROPS.IO.
1. OVERVIEW OF THE CLEAROPS SERVICES ClearOPS provides a suite of products and services that allow Customers to streamline data protection and cybersecurity (the "Services").
2. ACCOUNT REGISTRATION AND USE.
2.2 An “Authorized User” is defined as an individual person (e.g. employee, contractor, agent of a Customer) who is registered and permitted by a Customer to use the ClearOPS Services subject to these Terms and any restrictions in an applicable Subscription Plan (as defined below). Customer shall ensure that its Authorized Users comply with these Terms and Customer is responsible for all actions of its Authorized Users.
3. USE AND ACCESS RIGHTS
3.1 Limited License. Subject to these Terms, ClearOPS grants to Customer a limited, non-exclusive, non-transferable license to use and access the ClearOPS Services for its business purposes as expressly permitted in these Terms. Your use and access to the Services are subject to any limitations set forth in an applicable order form or online plan (whether paid or free, collectively “Subscription Plan”).
3.2 General Restrictions. Customer must not (and must not allow any third party to):
A. Rent, lease, copy, transfer, resell, sublicense, lease, time-share, or otherwise provide access to the ClearOPS Service to a third party (except Authorized Users); B. Incorporate the ClearOPS Service (or any portion of such) into, with, or use it with or to provide, any site, product, or service, other than as specifically permitted in a separate agreement signed by both parties; C. Publicly disseminate information regarding the performance of the ClearOPS Service (which is deemed ClearOPS’s Confidential Information); D. Modify or create a derivative work of the ClearOPS Service or any portion of it; E. Reverse engineer, disassemble, decompile, translate, or otherwise seek to obtain or derive the source code, underlying ideas, algorithms, file formats, or non-public APIs to any ClearOPS Service, except to the extent expressly permitted by applicable law and then only with advance notice to ClearOPS; F. Break or circumvent any security measures, rate limits, or usage tracking (such as event tracking) of the ClearOPS Service, or configure the ClearOPS Service (or any component thereof) to avoid sending events or transactions or to otherwise avoid incurring fees; G. Distribute any portion of the ClearOPS Service excepted as permitted herein; H. Access the ClearOPS Service for the purpose of building a competitive product or service or copying its features or user interface; I. Use the ClearOPS Service for purposes of product evaluation, benchmarking, or other comparative analysis intended for publication without ClearOPS’s prior written consent; J. Remove or obscure any proprietary or other notices contained in the ClearOPS Service, including in any reports or output obtained from the ClearOPS Service; K. Use or permit the Services to be used for any illegal or misleading purpose, or any manner inconsistent with these Terms; or L. Conduct a vulnerability assessment or any other type of security assessment on our application without providing ClearOPS with the results of any such assessment.
3.3 Beta Releases and Free Access Subscriptions. ClearOPS may provide Customer with a ClearOPS Service for free or on a trial basis (a “Free Access Subscriptions”) or with “alpha”, “beta”, or other early-stage ClearOPS Services, integrations, or features (“Beta Releases”), which are optional for Customer to use. This Section will apply to any Free Access Subscriptions or Beta Releases (even if Beta Releases are provided for a fee or counts towards Customer’s Subscription Plan) and supersedes any contrary provision in these Terms. ClearOPS may use good faith efforts in its discretion to assist Customer with Free Access Subscriptions or Beta Releases. Nevertheless, and without limiting the other disclaimers and limitations in these Terms, CUSTOMER AGREES THAT ANY FREE ACCESS SUBSCRIPTION OR BETA RELEASES ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS WITHOUT ANY WARRANTY, SUPPORT, MAINTENANCE, STORAGE, SLA, OR INDEMNITY OBLIGATIONS OF ANY KIND. WITH RESPECT TO BETA RELEASES, CUSTOMER FURTHER ACKNOWLEDGES AND AGREES THAT BETA RELEASES MAY NOT BE COMPLETE OR FULLY FUNCTIONAL AND MAY CONTAIN BUGS, ERRORS, OMISSIONS, AND OTHER PROBLEMS FOR WHICH CLEAROPS WILL NOT BE RESPONSIBLE. ACCORDINGLY, ANY USE OF BETA RELEASES ARE AT CUSTOMER’S SOLE RISK. ClearOPS makes no promises that future versions of Beta Releases will be released or will be available under the same commercial or other terms. ClearOPS may terminate Customer’s right to use any Free Access Subscriptions or Beta Releases at any time for any reason or no reason in ClearOPS’s sole discretion, without liability.
3.4 Use of Public Data. ClearOPS does not have any control over the data contained in websites whose links appear on ClearOPS Services, nor does ClearOPS screen the content on those websites for accuracy or otherwise. ClearOPS disclaims any and all responsibility or liability for the accuracy, content, completeness, legality, reliability, or operability or availability of information or data found on the internet or otherwise and displayed in its Services. ClearOPS disclaims any responsibility for the deletion, failure to store, mis-delivery, or untimely delivery of any information or material. ClearOPS disclaims any responsibility for any harm resulting from downloading or accessing any information on the internet through ClearOPS. Under no circumstances shall ClearOPS be liable to Customer or any Authorized User on account of their use or misuse of or reliance on ClearOPS display or reporting on public data or open source intelligence. Unless you have entered into an express written contract with ClearOPS to the contrary, you may not copy, duplicate, save, print, sell, re-sell, publish or otherwise disseminate any portion of the public data reporting compilation format, code or source information provided by the ClearOPS Services for any purpose other than your own internal purposes. Your breach of this foregoing provision will subject you to liquidated damages in the amount of $100,000.00 US, in addition to reasonable attorney's fees, costs and actual damages incurred by ClearOPS for breach of this provision. ClearOPS is not a consumer reporting agency and data provided by ClearOPS does not constitute a consumer report as that term is defined in the Fair Credit Reporting Act (FCRA), 15 U.S.C.A. sec 1681 et seq. Before using any data obtained from any source as a factor in establishing a consumer's eligibility for credit, insurance or employment you should consult with your attorney for uses that might be covered by FCRA. ClearOPS is merely a conduit for public records and is NOT the ultimate custodian of any public records. All errors or complaints should be addressed to the data custodian.
4. OWNERSHIP AND FEEDBACK
4.2 Aggregate/Anonymous Data. Customer agrees that ClearOPS will have the right to generate aggregate or anonymous data and that aggregate or anonymous data is owned by ClearOPS, which ClearOPS may use for any business purpose during or after the term of this Agreement (including without limitation to develop and improve ClearOPS’s products and services and to create and distribute reports and other materials). For clarity, ClearOPS will only disclose aggregate or anonymous data externally in a de-identified (anonymous) form that does not identify Customer, Authorized Users, or end users, and that is stripped of all persistent or personal identifiers. Customer is not responsible for ClearOPS’s use of aggregate or anonymous data.
4.3 ClearOPS Data & Intellectual Property. This is a subscription agreement for access to and use of the ClearOPS Services. Customer acknowledges that it is obtaining only a limited right to use the ClearOPS Services and that irrespective of any use of the words “purchase”, “sale” or similar terms, no ownership rights are transferred to Customer (or its Authorized Users or end users) under these Terms. Customer agrees that ClearOPS (and its suppliers) retain all rights, title and interest (including all intellectual property rights) in and to all ClearOPS Services, and all related or underlying documentation, technology, code, compilations, know-how, logos, templates, anything delivered as part of support of other services, and any updates, modifications, or derivative works of any of the foregoing (all of which is deemed ClearOPS’s Confidential Information) and that ClearOPS reserves any licenses not specifically granted in these Terms. The ClearOPS Service is offered as an online, hosted product. Accordingly, Customer acknowledges and agrees that it has no right to obtain a copy of the software behind any ClearOPS Service and that ClearOPS at its option may make updates, bug fixes, modifications or improvements to the ClearOPS Service from time-to-time.
4.4 Feedback. If Customer elects to provide any suggestions, comments, improvements, information, ideas or other feedback or related materials to ClearOPS (collectively, “Feedback”), Customer hereby grants ClearOPS a worldwide, perpetual, non-revocable, sublicensable, royalty-free right and license to use, copy, disclose, license, distribute, and exploit any Feedback in any format and in any manner without any obligation, payment, or restriction based on intellectual property rights or otherwise. Nothing in these Terms limits ClearOPS’s right to independently use, develop, evaluate, or market products, whether incorporating Feedback or otherwise.
5. PRIVACY & SECURITY
5.2 Security. The information you provide to us or that we collect from you will be secured as described in these Terms and the ClearOPS Security Statement. Please carefully review the ClearOPS Security Statement as it contains important information about how we secure information from unauthorized use or disclosure.
6. CUSTOMER OBLIGATIONS
6.2 Customer represents and warrants that the collection, use, and disclosure of Customer Data will not violate any third-party rights, including intellectual property, privacy and publicity rights. Customer further represents and warrants that its collection and use of any personal information or data provided to ClearOPS complies with all applicable data protection laws, rules, and regulations. If Customer receives any take down requests or infringement notices related to Customer Data, it must promptly: (i) stop using the related item with the ClearOPS Service; and (ii) notify ClearOPS. If ClearOPS receives any take down requests or infringement notices related to Customer Data, ClearOPS may respond in accordance with its policies, and will notify and consult with the Customer on next steps.
7 PAYMENT TERMS
7.1 Subscription Plan. The prices, features, and options of the ClearOPS Services depend on the Subscription Plan selected by Customer (including any usage or overage fees). ClearOPS does not guarantee that your particular Subscription Plan will be offered indefinitely. We reserve the right to change the prices, features, or options included in a particular Subscription Plan without notice, provided that such changes shall not take effect until your next applicable subscription term.
7.2 Recurring Charges and Upgrades. By signing up for a Subscription Plan, Customer authorizes ClearOPS to charge Customer’s payment method on a recurring basis (e.g. monthly, quarterly, or yearly depending on Customer’s Subscription Plan) without an invoice. Customer expressly authorizes ClearOPS to charge its payment method (such as a credit card) for the applicable subscription charges, any usage or overage charges, and any and all applicable taxes and fees. Such authorization is effective until the end of the Subscription Term and any applicable renewal term, or until Customer cancels all of its subscriptions. If Customer exceeds their subscription plan’s usage limits, Customer will be automatically upgraded into the next highest Subscription Plan and Customer expressly acknowledges and agrees that it will pay for the upgraded Subscription Plan. All upgrade fees and charges are non-refundable, even if Customer did not use the full usage allotment of the applicable Subscription Plan.
7.3 Taxes. ClearOPS’s fees are exclusive of all taxes, and Customer must pay any applicable sales, use, VAT, GST, excise, withholding, or similar taxes or levies, whether domestic or foreign, other than taxes based on the income of ClearOPS. Customer will not deduct any applicable taxes from the payments to ClearOPS, except as required by law. If such deduction is required by law, Customer will increase the amount payable as necessary so that after making all required deductions and withholdings, ClearOPS receives and retains (free from any such liabilities) an amount equal to the amount it would have received had no such deductions or withholdings been made.
7.4 Auto-renewals and Trials. IF YOUR ACCOUNT IS SET TO AUTO-RENEWAL OR IS IN A TRIAL PERIOD AND YOU HAVE PROVIDED A METHOD OF PAYMENT TO CLEAROPS FOR THE SERVICES, CLEAROPS MAY CHARGE YOU AUTOMATICALLY AT THE END OF THE TRIAL OR FOR THE RENEWAL, UNLESS YOU NOTIFY CLEAROPS THAT YOU WANT TO CANCEL YOUR SUBSCRIPTION.
7.5 Purchase Orders. Customer agrees that it will pay all amounts owed, including recurring charges, without requiring any purchase orders or reference(s) to purchase order numbers.
7.6 No Refunds. Subscription and usage or overage fees (and any other fees associated with the services, including higher subscription fees for upgrades) are non-refundable and non-creditable, except where required by law. ClearOPS subscriptions may be cancelled, and such cancellations take effect at the end of your then-current subscription term (for example, if you are on a paid monthly subscription the cancellation will take effect the following month, but if you are on a paid yearly subscription the cancellation will take effect the following year). Once your cancellation is effective, you may be downgraded to a free plan and will lose subscription features and functionality. If you don’t pay for your subscription(s) on time, we reserve the right to suspend you or remove subscription features. A monthly subscription or an annual subscription, together, are referred to herein as “Subscription Term.”
7.7 Late Fees & Collection Costs. Late payments may be subject to a service charge equal to the lesser of 1.5% per month of the amount due or the maximum amount allowed by law. You agree to reimburse ClearOPS for any costs or expenses incurred by ClearOPS to collect amounts that remain unpaid after the due date. Amounts due to ClearOPS may not be withheld or offset by you against amounts due for any reason.
8 TERM AND TERMINATION
8.1 Term. These Terms are effective until all Subscription Terms for the ClearOPS Services have expired or are terminated as expressly permitted herein.
8.2 Subscription Term and Renewals. Customer agrees to pay applicable fees for the entire Subscription Term. Customer can cancel or terminate a Subscription Term at any month-end provided Customer is current on all payments. If no subscription start date is specified on the applicable order form, the subscription starts when Customer first obtains access to the applicable ClearOPS Service. Each Subscription Term will automatically renew monthly (e.g. if Customer initially has an annual plan then the subscription will renew on a monthly basis after expiration of the initial 12-month term). Pricing for any Subscription Term renewal, new order form, or order form changes will be at ClearOPS’s then-applicable rates.
8.3 Suspension of Service. ClearOPS may suspend Customer’s access to the ClearOPS Services if: (i) Customer’s account is overdue; or (ii) Customer has exceeded its service allocations / service limits. ClearOPS may also suspend Customer’s access to the ClearOPS Services or remove Customer Data if it determines that: (a) Customer has breached any portion of these Terms, or (b) suspension is necessary to prevent harm or liability to other customers or third parties, or to preserve the security, stability, availability or integrity of the ClearOPS Service. ClearOPS will have no liability for taking action as permitted above. For the avoidance of doubt, Customer will remain responsible for payment of fees during any suspension period. However, unless these Terms have been terminated, ClearOPS will cooperate with Customer to promptly restore access to the ClearOPS Service once we verify that Customer has resolved the condition requiring suspension.
8.4 Effect of Termination. Upon any expiration or termination of these Terms or an order form: (i) Customer’s license rights terminate and it must promptly: (a) stop use of the applicable ClearOPS Service; (b) delete (or, at ClearOPS’s request, return) any and all copies of any ClearOPS code, documentation, passwords or access codes, and any other ClearOPS Confidential Information in Customer’s possession, custody, or control; and (ii) Customer’s right to access any Customer Data in the applicable ClearOPS Service will cease and ClearOPS may delete the Customer Data at any time after 30 days from the date of termination. Any unpaid amounts due from Customer must be paid immediately by Customer. Except where these Terms specify an exclusive remedy, all remedies under these Terms, including termination or suspension, are cumulative and not exclusive of any other rights or remedies that may be available to a party.
8.5 Survival. The following Sections survive any expiration or termination of these Terms: (Account Registration and Use); (General Restrictions); (Beta Releases and Free Access Subscriptions); (Use of Public Data); (Ownership and Feedback); (Payment Terms); (Term and Termination); (Warranties and Disclaimers); (Indemnification Obligations); (Limitations of Liability); (Third-Party Products and Integrations); and (General).
9 CONFIDENTIAL INFORMATION
9.1 Confidential Information. “Confidential Information” means (a) for ClearOPS, the ClearOPS Services, instructional videos, tutorials and documentation; (b) for Customer, Customer Data; (c) any other information of a party that is disclosed in writing or orally and is designated as confidential or proprietary at the time of disclosure (and, in the case of oral disclosures, summarized in writing within thirty (30) days of the initial disclosure and delivered to the recipient), or that due to the nature of the information the recipient would clearly understand it to be confidential information of the disclosing party; and (d) the specific terms and conditions of these Terms, and any amendment and attachment thereof, between the parties.
9.2 Confidentiality Obligation. Each party (as the receiving party) must: (i) hold in confidence and not disclose the other party’s Confidential Information to third parties except as permitted by these Terms; and (ii) only use the other party’s Confidential Information to fulfill its obligations and exercise its rights under these Terms. Each party may share the other party’s Confidential Information with its, and its Affiliates’, employees, agents or contractors having a legitimate need to know (which, for ClearOPS, includes providing the Services and sharing with the subcontractors referenced herein) provided that the party remains responsible for any recipient’s compliance with the terms of this confidentiality section and that these recipients are bound to confidentiality obligations no less protective than these Terms.
9.3 Exclusions. These confidentiality obligations do not apply to (and Confidential Information does not include) information that: (i) is or becomes public knowledge through no fault of the receiving party; (ii) was known by the receiving party before it received the Confidential Information; (iii) is rightfully obtained by the receiving party from a third party without breach of any confidentiality obligation; or (iv) is independently developed by the receiving party without using the disclosing party’s Confidential Information. A party may also disclose the other party’s Confidential Information to the extent required by law or court order, provided it gives advance notice (if permitted by law) and cooperates in any effort by the other party to obtain confidential treatment for the information.
9.4 Remedies. The parties acknowledge that disclosing Confidential Information may cause substantial harm for which damages alone may be an insufficient remedy. For any breach of this confidentiality section, each party is entitled to seek appropriate equitable relief in addition to any other remedies it may have at law.
10 WARRANTIES AND DISCLAIMERS. ALL CLEAROPS SERVICES, VIDEOS, DOCUMENTATION, AND SITES ARE PROVIDED “AS IS” AND ON AN “AS AVAILABLE” BASIS. NEITHER CLEAROPS NOR ITS SUPPLIERS MAKE ANY WARRANTIES, EXPRESS OR IMPLIED, STATUTORY OR OTHERWISE, INCLUDING BUT NOT LIMITED TO WARRANTIES OF MERCHANTABILITY, TITLE, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT. CLEAROPS MAKES NO REPRESENTATION, WARRANTY OR GUARANTEE THAT CLEAROPS SERVICE WILL MEET CUSTOMER’S REQUIREMENTS OR EXPECTATIONS, THAT CUSTOMER DATA OR CLEAROPS RESULTS (INCLUDING, WITHOUT LIMITATION, ANY MODEL OUTPUT) WILL BE ACCURATE, COMPLETE, OR PRESERVED WITHOUT LOSS, OR THAT CLEAROPS SERVICE WILL BE TIMELY, UNINTERRUPTED OR ERROR-FREE. CLEAROPS DOES NOT GUARANTEE THAT SECURITY MEASURES WILL BE ERROR-FREE AND WILL NOT BE RESPONSIBLE OR LIABLE FOR UNAUTHORIZED ACCESS BEYOND ITS REASONABLE CONTROL. CLEAROPS WILL NOT BE RESPONSIBLE OR LIABLE IN ANY MANNER FOR ANY CUSTOMER PROPERTIES, CUSTOMER DATA, THIRD-PARTY PRODUCTS, THIRD-PARTY CONTENT, OR NON-CLEAROPS SERVICES (INCLUDING FOR ANY DELAYS, INTERRUPTIONS, TRANSMISSION ERRORS, SECURITY FAILURES, AND OTHER PROBLEMS CAUSED BY THESE ITEMS), FOR THE COLLECTION, OR THE USE AND DISCLOSURE OF CUSTOMER DATA AUTHORIZED BY THESE TERMS. THE DISCLAIMERS IN THIS SECTION 10 WILL APPLY TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW. CUSTOMER AND SITE VISITORS MAY HAVE OTHER STATUTORY RIGHTS, HOWEVER, ANY STATUTORILY REQUIRED WARRANTIES UNDER APPLICABLE LAW, IF ANY, WILL BE LIMITED TO THE SHORTEST PERIOD AND MAXIMUM EXTENT PERMITTED BY LAW.
11 INDEMNIFICATION OBLIGATIONS
11.1 Customer agrees to defend, indemnify, and hold ClearOPS, our affiliates, officers, directors, employees, suppliers, consultants, and agents harmless from any and all third party claims, liability, damages, and costs (including, but not limited to, attorneys' fees) arising from or related to, as applicable: (a) Customer’s access to and use of the Services; (b) violation of these Terms by Customer or its Authorized Users, as applicable; (c) infringement of any intellectual property or other right of any person or entity by Customer; (d) the nature and content of all Customer Data processed by the ClearOPS; or (e) any products or services purchased or obtained by Customer.
11.2 ClearOPS retains the exclusive right to settle, compromise and pay, without Customer’s prior consent, any and all claims or causes of action which are brought against us. ClearOPS reserves the right, at Customer’s expense, to assume the exclusive defense and control of any matter for which Customer is required to indemnify ClearOPS and Customer agrees to cooperate with our defense of these claims. Customer agrees not to settle any matter in which we are named as a defendant and/or for which Customer has indemnity obligations without our prior written consent. ClearOPS will use reasonable efforts to notify Customer of any such claim, action or proceeding upon becoming aware of it.
12 LIMITATIONS OF LIABILITY
12.1 Disclaimer of Consequential Damages. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT WILL CLEAROPS OR ITS SUPPLIERS BE LIABLE FOR ANY LOSS OF USE, LOST OR INACCURATE DATA, INTERRUPTION OF BUSINESS, LOST PROFITS, COSTS OF DELAY, REPUTATIONAL HARM, OR ANY INDIRECT, SPECIAL, INCIDENTAL, COVER, RELIANCE OR CONSEQUENTIAL DAMAGES OF ANY KIND HOWEVER CAUSED, EVEN IF INFORMED IN ADVANCE OF THE POSSIBILITY OF THESE DAMAGES.
12.2 Cap on Damages. CLEAROPS’S AND ITS SUPPLIERS’ TOTAL LIABILITY WILL NOT EXCEED IN AGGREGATE THE AMOUNT ACTUALLY PAID BY CUSTOMER TO CLEAROPS FOR THE APPLICABLE CLEAROPS SERVICE OR RELATED SERVICES IN THE TWELVE (12) MONTHS PRECEDING THE CLAIM. FOR FREE ACCESS SUBSCRIPTIONS OR BETA RELEASES, CLEAROPS’S TOTAL LIABILITY WILL NOT EXCEED IN AGGREGATE FIFTY U.S. DOLLARS ($50 US).
12.3 Exceptions. NOTWITHSTANDING THE FOREGOING, NONE OF THE LIMITATIONS IN THIS SECTION EXCLUDES EITHER PARTY’S LIABILITY FOR FRAUD OR FOR DEATH OR PERSONAL INJURY TO THE EXTENT CAUSED BY A PARTY’S NEGLIGENCE. IN ADDITION, THE LAWS IN SOME JURISDICTIONS MAY NOT ALLOW SOME OF THE LIMITATIONS OF LIABILITY IN THIS SECTION. IF ANY OF THESE LAWS IS FOUND TO APPLY TO THESE TERMS, THIS SECTION WILL APPLY TO THE MAXIMUM EXTENT PERMITTED BY LAW.
12.4 Failure of Essential Purpose. EACH PARTY ACKNOWLEDGES AND AGREES THAT THIS SECTION IS A FUNDAMENTAL BASIS OF THE BARGAIN AND A REASONABLE ALLOCATION OF RISK BETWEEN THE PARTIES AND WILL SURVIVE AND APPLY TO ANY CLAIMS ARISING OUT OF OR RELATED TO THESE TERMS, ANY CLEAROPS SERVICE OR ANY RELATED SERVICES, REGARDLESS OF THE THEORY OF LIABILITY (CONTRACT, TORT, STRICT LIABILITY OR OTHERWISE), EVEN IF ANY LIMITED REMEDY IN THESE TERMS IS FOUND TO HAVE FAILED OF ITS ESSENTIAL PURPOSE.
13 THIRD PARTY PRODUCTS AND CONTENT. ClearOPS may provide, or third parties may provide, links to other third-party websites, services, or resources that are beyond our control. ClearOPS is not responsible for these third-party products or content and just by linking does not mean we endorse them. ClearOPS makes no representations or warranties as to the quality, suitability, functionality, or legality of any third-party products or third-party content to which links may be provided, and you hereby waive any claim you might have against us with respect to such. Always check the security of any service provider. Customer agrees that ClearOPS is not responsible or liable for any loss or damage of any sort incurred as the result of any such dealings or as the result of the presence of such third-party products or third-party content.