Agreement between user and www.solutionsbyclarke.com
Visiting www.solutionsbyclarke.com or sending emails to Clarke constitutes electronic communications. You consent to receive electronic communications and you agree that all agreements, notices, disclosures and other communications that we provide to you electronically, via email and on the Site, satisfy any legal requirement that such communications be in writing.
Clarke does not knowingly collect, either online or offline, personal information from persons under the age of thirteen. If you are under 18, you may use www.solutionsbyclarke.com only with permission of a parent or guardian.
Links to third party sites/Third party services
www.solutionsbyclarke.com may contain links to other websites (“Linked Sites”) or content provided by third parties, including materials provided by other users, bloggers and third-party licensors, syndicators, aggregators and/or reporting services. The Linked Sites are not under the control of Clarke and Clarke is not responsible for the contents of any Linked Site, including without limitation any link contained in a Linked Site, or any changes or updates to a Linked Site. Clarke is providing these links to you only as a convenience, and the inclusion of any link does not imply endorsement by Clarke of the site or any association with its operators. All statements and/or opinions expressed in these materials, and all articles and responses to questions and other content, other than the content provided by Clarke, are solely the opinions and the responsibility of the person or entity providing those materials. These materials do not necessarily reflect the opinion of Clarke. We are not responsible, or liable to you or any third party, for the content or accuracy of any materials provided by any third parties.
Certain services made available via www.solutionsbyclarke.com are delivered by third party sites and organizations. By using any product, service or functionality originating from the www.solutionsbyclarke.com domain, you hereby acknowledge and consent that Clarke may share such information and data with any third party with whom Clarke has a contractual relationship to provide the requested product, service or functionality on behalf of www.solutionsbyclarke.com users and customers.
No unlawful or prohibited use/Intellectual Property
You will not modify, publish, transmit, reverse engineer, participate in the transfer or sale, create derivative works, or in any way exploit any of the content, in whole or in part, found on the Site. Clarke content is not for resale. Your use of the Site does not entitle you to make any unauthorized use of any protected content, and in particular you will not delete or alter any proprietary rights or attribution notices in any content. You will use protected content solely for your personal use, and will make no other use of the content without the express written permission of Clarke and the copyright owner. You agree that you do not acquire any ownership rights in any protected content. We do not grant you any licenses, express or implied, to the intellectual property of Clarke or our licensors except as expressly authorized by these Terms.
The Service is controlled, operated and administered by Clarke from our offices within the USA. If you access the Service from a location outside the USA, you are responsible for compliance with all local laws. You agree that you will not use the Clarke content accessed through www.solutionsbyclarke.com in any country or in any manner prohibited by any applicable laws, restrictions or regulations.
You agree to indemnify, defend and hold harmless Clarke, its officers, directors, employees, agents and third parties, for any losses, costs, liabilities and expenses (including reasonable attorneys’ fees) relating to or arising out of your use of or inability to use the Site or services, any user postings made by you, your violation of any terms of this Agreement or your violation of any rights of a third party, or your violation of any applicable laws, rules or regulations. Clarke reserves the right, at its own cost, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, in which event you will fully cooperate with Clarke in asserting any available defenses.
THE INFORMATION, SOFTWARE, PRODUCTS, AND SERVICES INCLUDED IN OR AVAILABLE THROUGH THE SITE MAY INCLUDE INACCURACIES OR TYPOGRAPHICAL ERRORS. CHANGES ARE PERIODICALLY ADDED TO THE INFORMATION HEREIN. CLARKE MAY MAKE IMPROVEMENTS AND/OR CHANGES IN THE SITE AT ANY TIME.
CLARKE MAKES NO REPRESENTATIONS ABOUT THE SUITABILITY, RELIABILITY, AVAILABILITY, TIMELINESS, AND ACCURACY OF THE INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS CONTAINED ON THE SITE FOR ANY PURPOSE. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, ALL SUCH INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS ARE PROVIDED “AS IS” WITHOUT WARRANTY OR CONDITION OF ANY KIND. CLARKE HEREBY DISCLAIMS ALL WARRANTIES AND CONDITIONS WITH REGARD TO THIS INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS, INCLUDING ALL IMPLIED WARRANTIES OR CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT.
Clarke reserves the right, in its sole discretion, to terminate your access to the Site and the related services or any portion thereof at any time, without notice. To the maximum extent permitted by law, this agreement is governed by the laws of the State of Indiana and you hereby consent to the exclusive jurisdiction and venue of courts in Indiana in all disputes arising out of or relating to the use of the Site. Use of the Site is unauthorized in any jurisdiction that does not give effect to all provisions of these Terms, including, without limitation, this section.
You agree that no joint venture, partnership, employment, or agency relationship exists between you and Clarke as a result of this agreement or use of the Site. Clarke’s performance of this agreement is subject to existing laws and legal process, and nothing contained in this agreement is in derogation of Clarke’s right to comply with governmental, court and law enforcement requests or requirements relating to your use of the Site or information provided to or gathered by Clarke with respect to such use. If any part of this agreement is determined to be invalid or unenforceable pursuant to applicable law including, but not limited to, the warranty disclaimers and liability limitations set forth above, then the invalid or unenforceable provision will be deemed superseded by a valid, enforceable provision that most closely matches the intent of the original provision and the remainder of the agreement shall continue in effect.
Unless otherwise specified herein, this agreement constitutes the entire agreement between the user and Clarke with respect to the Site and it supersedes all prior or contemporaneous communications and proposals, whether electronic, oral or written, between the user and Clarke with respect to the Site. A printed version of this agreement and of any notice given in electronic form shall be admissible in judicial or administrative proceedings based upon or relating to this agreement to the same extent an d subject to the same conditions as other business documents and records originally generated and maintained in printed form. It is the express wish to the parties that this agreement and all related documents be written in English.
Limitation on Time to File Claims
Waiver and Severability
Changes to Terms
Clarke reserves the right, in its sole discretion, to change the Terms under which www.solutionsbyclarke.com is offered. The most current version of the Terms will supersede all previous versions. Clarke encourages you to periodically review the Terms to stay informed of our updates, as they are binding on you. All changes are effective immediately when we post them, and apply to all access to and use of the Site.
Clarke welcomes your questions or comments regarding the Terms:
The Clarke Companies (and/or Clarke Solutions / Acquire Automation)
9100 Fall View Drive
Fishers, Indiana 46037
Effective as of June 01, 2016