Last Modified: 9/16/20

 

CLEAR OFFICE TERMS OF USE AGREEMENT

 

This Terms of Use Agreement (“Agreement”) governs your use of the Clear Office software application (the “App”) on a mobile device that was created by Clear Office (“Clear Office”).  All users of the App must abide by the terms of this Agreement.  By downloading, registering and using the App you agree to the terms of this Agreement.

 

Clear Office’s App & Marketplace

The App features an online marketplace in which users of the App voluntarily post advertisements for furniture they wish to sell (“Listings”), and users who wish to buy furniture browse the Listings and directly contact and transact to buy such furniture.  Clear Office does not own, create, sell, resell, provide, control, manage, offer, deliver, or supply any Listings, furniture, or personal property for sale in the marketplace on the App. 

 

No Guarantee of Accuracy, Quality, Content or Safety

Clear Office does not and cannot verify or guarantee the quality, content, or safety of the furniture or personal property for sale in Listings made on the App.  Users post Listings, and as such, Clear Office does not and cannot verify the accuracy of any Listing description.  We do not warrant the accuracy, completeness, or usefulness of any information posted by users in the marketplace on the App. Any reliance you place on such information is strictly at your own risk. We disclaim all liability and responsibility arising from any reliance placed on such materials by you or any other visitor to the App, or by anyone who may be informed of any of its contents.

 

Your Use of the App and Marketplace

You may only use the App and marketplace for permissible, lawful purposes.  When you create a Listing on the App’s marketplace you agree that you are solely responsible for the descriptions, photos, and content that you post on the Listing.  Users must provide complete and accurate information about their Listings and to keep the Listing information, including availability, current.  You agree not to post, upload, or publish content that is: fraudulent, false, misleading, defamatory, pornographic, offensive, harassing or discriminatory based on nay protected category, violent, threatening, or that in the sole judgment of Clear Office is offensive or inhibits any user from using the App or which may expose Clear Office or its users to any harm or potential liability.

 

[Transactions on the Marketplace

All purchases through our site or other transactions for the sale of goods or information through the App, or resulting from Listings made by you, are governed by our Terms of Sale, which are hereby incorporated into this Agreement.]

 

We May Modify the Agreement

We may modify the terms of use and Agreement from time to time to reflect changes in our practices or services or in response to changing legal or regulatory requirements.  The updated Agreement will be posted on our App and will include the date it was last modified at the top of the policy after “Last Modified.”  We encourage you to regularly visit the Agreement each time you visit.  Clear Office also reserves the right to modify or terminate the App with or without notice.  Clear Office shall not be liable to any user or third party for modification or termination of the App and its marketplace.

 

Indemnification

You agree to release, indemnify and hold harmless Clear Office and its owners, officers, employees, directors and agents (collectively “Indemnitees”) from any and all losses, and damages, including reasonable attorneys’ fees, arising out of or related to your use of the App and marketplace.

 

Arbitration & Class Action Waiver

By downloading, registering for or using the App, you agree to submit any disputes arising from this Agreement or your use of the App, including disputes arising regarding interpretation, arbitrability, violation, invalidity, non-performance, or termination, to final and binding arbitration under the Arbitration Rules of the American Arbitration Association applying California state law to the substantive claims.  This arbitration provision will be governed by and will be interpreted in accordance with the Federal Arbitration Act without giving effect to the conflict of laws provisions thereof.

 

Except as otherwise required under applicable law, you agree that no class action, collective, nor other representative action procedures shall be asserted, nor will they apply, in any arbitration pursuant to this Agreement.  You will not assert class, collective or representative action claims against Clear Office in court or arbitration or other form, that You shall submit only your own individual claims in arbitration and will not seek to represent the interest of any other person through a class, collective or representation action in any forum.  YOU UNDERSTAND AND AGREE THAT THIS AGREEMENT IS A WAIVER OF YOUR RIGHT TO BRING COURT CLAIMS, INCLUDING THE RIGHT TO A JURY TRIAL.

 

YOU AGREE THAT ANY CAUSE OF ACTION OR CLAIM YOU MAY HAVE ARISING OUT OF OR RELATING TO THESE TERMS OF USE OF THE APP MUST BE COMMENCED WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION ACCRUES; OTHERWISE SUCH CAUSE OF ACTION OR CLAIM IS PERMANENTLY BARRED.

 

Disclaimer of Warranties

When you choose to use the App and its marketplace, you do so voluntarily and at your sole risk.  The App is provided “as is” and on an “as available” basis, without warranty of any kind, either express of implied. NEITHER CLEAR OFFICE NOR ANY PERSON ASSOCIATED WITH CLEAR OFFICE MAKES ANY WARRANTY OR REPRESENTATION WITH RESPECT TO THE COMPLETENESS, SECURITY, RELIABILITY, QUALITY, ACCURACY, OR AVAILABILITY OF THE APP OR THE LISTINGS CREATED BY USERS OF THE APP. TO THE FULLEST EXTENT PROVIDED BY LAW, CLEAR OFFICE HEREBY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, STATUTORY, OR OTHERWISE, INCLUDING BUT NOT LIMITED TO ANY WARRANTIES OF MERCHANTABILITY, NON-INFRINGEMENT, AND FITNESS FOR PARTICULAR PURPOSE.  THE FOREGOING DOES NOT AFFECT ANY WARRANTIES THAT CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.

 

Indemnification

You agree to defend, indemnify and hold harmless the Company, its affiliates, licensors, and service providers, and its and their respective officers, directors, employees, agents, and assigns from and against any claims, liabilities, damages, judgment, awards, losses, costs, expenses, or fees (including reasonable attorneys’ fees) arising out of or relating to your violation of the terms of this Agreement or your use of the App, including but not limited to, your own Listings, any use of the App’s content, services, and products other than as expressly authorized in this Agreement, or your use of any information obtained from the App or its marketplace.

 

Contact Us

If you have any questions or concerns about the terms of the Agreement or your use of the App, please contact us at inquiry@clear-office.com