Last Updated April 18, 2014 Your Use of This Website is Governed by These Terms and Conditions
Please take a few minutes to review these Terms and Conditions. Your use of this website constitutes your agreement that you are at least 18 years of age, and your agreement to follow these rules and to be bound by them. If you do not agree with any of these Terms and Conditions, do not use the ClarkEDU.com website.
These Terms and Conditions May Change Clark EDU, LLC (the “Company”) reserves the right to update or modify these Terms and Conditions at any time without prior notice. If at any time you deem the modification to be unacceptable to you, termination of this agreement is your only recourse. Your use of this website following any such change constitutes your agreement to follow and be bound by the Terms and Conditions as changed. For this reason, we encourage you to review these Terms and Conditions whenever you use this website.
Definitions As used in this Agreement, the following definitions will apply: “Agreement” shall mean these Terms and Conditions (including any terms incorporated by hyperlink). “Client”, “I”, “you” or “your” shall mean the person or persons using, or subscribing to this website. “We”, “us”, “the company” or “our”, shall mean The Company and its owners. “Site” shall mean a World Wide Web Site, and depending on the context, refers to the back office administration web site. Notification These Terms and Conditions serve as your purchase agreement and are notification of such.
Chargebacks and Reversals We handle all chargebacks and reversals as potential cases of fraudulent use of our services and/or theft of services. In cases where we have provided a service and we have verified that a client has received a kit and/or received a password to our site(s), whether or not they have used the site in any way, possible actions taken by the company may include disabling access to your account, filing a complaint with the Internet Crimes Bureau or local authorities, or reporting the incident to the appropriate authorities in your state to investigate theft of services. Please be advised that all activity and IP address information is being monitored on the site. This information may be used in a civil and criminal case against a client if there is fraudulent use or theft of services.
Copyright Notice All of the Content you see and hear on the The Company website, including, for example, all of the page headers, images, illustrations, graphics, audio clips, video clips and text, are subject to trademark, service mark, trade dress, copyright and/or other intellectual property rights or licenses held by The Company, one of its affiliates or by third parties who have licensed their materials to The Company. The Content of this website, and the site as a whole, is intended solely for personal, non-commercial use by the users of our site. You may download, print and store selected portions of the Content, provided you (1) only use these copies of the Content for your own personal, non-commercial use, (2) do not copy or post the Content on any network computer or broadcast the Content in any media, and (3) do not modify or alter the Content in any way, or delete or change any copyright or trademark notice. No right, title or interest in any downloaded materials is transferred to you as a result of any such downloading. The Company reserves complete title and full intellectual property rights in any Content you download from this website. Except as noted above, you may not copy, download, reproduce, modify, publish, distribute, transmit, transfer or create derivative works from the Content without first obtaining written permission from The Company.
Trademarks & Registered Trademarks All logos and advertisements are or may be registered trademarks of their respective owners. No relationship of any kind, expressed or implied may exist between the Company and the owners of said trademarks.
Registration; User Names and Passwords You may be required to register with The Company in order to access certain areas of the Site. With respect to any such registration, we may refuse to grant you, and you may not use, a user name (or email address) that is already being used by someone else; that may be construed as impersonating another person; that belongs to another person; that violates the intellectual property or other rights of any person; that is offensive; or that we reject for any other reason in our sole discretion. You are responsible for maintaining the confidentiality of any password you may use to access the Site, and agree not to transfer your password or user name, or lend or otherwise transfer your use of or access to the Site, to any third party. You are fully responsible for all interaction with the Site that occurs in connection with your password or user name. You agree to immediately notify The Company of any unauthorized use of your password or user name or any other breach of security related to your account or the Site, and to ensure that you “log off”/exit from your account with the Site (if applicable) at the end of each session. We are not liable for any loss or damage arising from your failure to comply with any of the foregoing obligations.
SubmissionsWe welcome your comments regarding this website. However, any comments, feedback, notes, messages, ideas, suggestions or other communications (collectively, “Comments”) sent to The Company shall be and remain the exclusive property of The Company. Your submission of any such Comments shall constitute an assignment to The Company of all worldwide rights, titles and interests in all copyrights and other intellectual property rights in the Comments. The Company will be entitled to use, reproduce, disclose, publish and distribute any material you submit for any purpose whatsoever, without restriction and without compensating you in any way. For this reason, we ask that you not send us any comments that you do not wish to assign to us, including any confidential information or any original creative materials such as stories, product ideas, computer code or original artwork.
Correction of Errors and Inaccuracies; Risk of Loss The information on this website may contain typographical errors or inaccuracies and may not be complete or current. We therefore reserve the right to correct any errors, inaccuracies or omissions and to change or update information at any time without prior notice. We apologize for any inconvenience this may cause you.
Disclaimers – General The The Company website is operated by The Company on an “as is,” “as available” basis, without representations or warranties of any kind. To the full extent permitted by law The Company and their affiliates (collectively, the ” The Company Businesses”) disclaim any and all representations and warranties with respect to this site and its contents, whether express, implied, or statutory, including, but not limited to, warranties of title, merchantability and fitness for a particular purpose or use. Without limiting the foregoing, the The Company Businesses do not represent or warrant that the information on this website is accurate, complete, reliable, useful, timely or current or that this website will operate without interruption or error. The The Company Businesses do not endorse nor make any warranties or representations about the options or other service or data you may access, download or use as a result of the use of the information contained on the website, or about any website you may access through this website. Links to other sites are provided for convenience only. You need to make your own decisions regarding your interactions or communications with any other website. The The Company Businesses make no representation that content provided on this website is applicable or appropriate for use in locations outside of the United States. The The Company Businesses assume no risk or responsibility for your use of any of the content provided on this website.
Limitation of Liability Under no circumstances, shall the The Company Businesses or any of their employees, directors, officers, agents, vendors or suppliers be liable for any direct or indirect losses or damages arising out of or in connection with the use of or inability to use this website. This is a comprehensive limitation of liability that applies to all losses and damages of any kind (whether general, special, consequential, incidental, exemplary or otherwise, including, without limitation, loss of data, income or profits), whether in contract, negligence or other tortuous action, even if an authorized representative of any The Company Business has been advised of or should have known of the possibility of such damages. If you are dissatisfied with this website or any content on the site, or with these terms and conditions, your sole and exclusive remedy is to discontinue using this website. You acknowledge, by your use of this website, that your use of the site is at your sole risk. Applicable law may not allow the limitation of liability set forth above, so this limitation of liability may not apply to you. If any part of this limitation on liability is found to be invalid or unenforceable for any reason, then the aggregate liability of the The Company Businesses under such circumstances for liabilities that otherwise would have been limited our maximum aggregate liability to you arising by reason of this transaction shall be the amount paid by you for the physical materials.
Indemnity You agree to defend, indemnify and hold harmless us and our directors, officers, agents, and employees for any and all costs, fines, claims, damages, charges, or fees (including reasonable attorney’s and expert witness’ fees) arising by reason of your purchase or use of the web site or arising from: Any breach of the agreement. Any claims arising from the sale or license of goods or services promoted or made available through this program except where limited by law. Our indemnity rights shall not be limited or offset by any contributory negligence by us.
Electronic Records I agree to the use of electronic records to evidence this agreement. I understand that I have the right to not consent to the use of electronic records by not transacting business with the company. In such event, this will be null and void. My consent applies only to this transaction. I hereby waive any objection I may have to the companies use of electronic records in court should it be necessary to enforce the terms of this agreement.
Consent to Binding Arbitration Before the American Arbitration Association By execution of this Agreement you hereby consent and agree that any and all disputes that arise concerning this Agreement or any of the terms of this Agreement, or that concern any aspect of the relationship between Client and Company, shall be decided exclusively in binding arbitration conducted by the American Arbitration Association (‘AAA’). Client and Company further consent and agree that Client may file their complaint with the AAA in their state, but that all AAA arbitration hearings shall be conducted in Utah, US, where Company is headquartered and located, before a single AAA arbitrator. The arbitrator shall be appointed in accordance with the Section R-13, Appointment from Panel, of AAA’s Commercial Arbitration rules. Client and Company consent and agree that the AAA arbitrator shall exclusively apply Utah, US law to the dispute, regardless of and without giving any consideration to choice of law principles. Client and Company further consent and agree that each party will bear his/her/it’s own cost and attorneys’ fees incurred in connection with the AAA arbitration proceedings, and agree that the AAA arbitrator shall have no power or discretion to make any award of costs or attorneys’ fees. However, in the event that Client or Company files any court proceedings in violation of the contractually agreed upon arbitration requirement, the party who is required to appear in any court proceedings to defend against such proceeding shall be entitled to an immediate stay and dismissal of such court proceedings, and shall be entitled to an award of all reasonable attorneys’ fees and costs incurred in connection with such court proceedings. The final decision of the arbitrator shall be furnished in writing and shall constitute a conclusive determination of the issue(s) in question, binding upon the Client and Company, and shall not be contested by either of them except as permitted by applicable law. Such decision may be used in a court of law only for the purpose of seeking enforcement of the arbitrators’ award.
WaiverNo failure to enforce any provision, assert any right or insist on performance of any provision under this Agreement in any instance shall be deemed a waiver of the ability to enforce such provision, assert such right, or insist on the performance of such obligations in the future. Our failure to enforce your strict performance will not constitute a waiver of our right to subsequently enforce such provision or any other provision of this Agreement.
Entire Agreement This agreement constitutes the entire understanding with regard to your purchase and affiliation with the sponsor, and us and supersedes all prior representations, oral or written. If any provision, paragraph, or subparagraph of this agreement is adjudged by any court of law to be void or unenforceable, in whole or in part, the rest of the agreement shall remain in effect. The parties agree that in such event, the offending clause will be replaced with a provision or provisions having the same economic effect. This agreement shall be binding on, and shall inure to the benefit of, the parties to it and their respective heirs, legal representatives, successors and assigns. By ordering from The Company or utilizing services of The Company I hereby acknowledge that I have read the above terms and conditions, understand them, and agree to be legally bound by them.
Enforcement of Terms and Conditions By accessing and using the The Company website, you agree that your access to and use of this website is subject to these terms and conditions, as well as all applicable laws, as governed and interpreted pursuant to the laws of the state of Utah, US.