Terms and Conditions
The ClearWell Dynamics Web Site (the “Site”) is an online information service provided by ClearWell Dynamics, LLC. (“ClearWell”), and is available subject to your compliance with the terms and conditions set forth below. Nothing in this Site shall be construed as creating any warranty or other obligation on the part of ClearWell.
Agreement. Please read the following information carefully before using this Site. By using this Site, you agree to be bound by these Terms and Conditions. If you do not agree with any part of these Terms and Conditions, do not use this Site. In order to improve our service to you, we reserve the right to make changes in the access, operation, and content of this site at any time without notice. We also reserve the right to make changes in the Terms and Conditions, so please check before each use for changes. By using this Site after the posting of a change, you accept the change. Any changes will be effective only after the effective date of the change and will not affect any dispute arising prior to the effective date of the change.
Disclaimer of Warranties; Limitation of Liability. THIS SITE AND ITS CONTENTS ARE PROVIDED “AS IS” WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESSED OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT. These warranties are hereby excluded to the fullest extent permissible by law. UNDER NO CIRCUMSTANCES SHALL ClearWell BE LIABLE FOR ANY DIRECT OR INDIRECT, SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES THAT MAY ARISE FROM YOUR USE OF, OR INABILITY TO USE, THIS SITE OR THE MERCHANDISE. Some jurisdictions do not allow the exclusion or limitation of liability for consequential or incidental damages. In such jurisdictions, our liability is limited to the greatest extent permitted by law, or $5, whichever is less.
We have made reasonable efforts to provide accurate information on this Site. However, we cannot and DO NOT WARRANT THE ACCURACY, COMPLETENESS OR TIMELINESS OF THE INFORMATION CONTAINED THEREIN. In addition, some of the information contained in this site is time sensitive and one should not assume the information contained herein is accurate or current as of any date, other than the date indicated. WE DISCLAIM ANY DUTY TO UPDATE SUCH INFORMATION. Nothing contained in this Site constitutes investment advice and any decisions based on information contained in this site are the sole responsibility of the visitor. This Site may also contain non-GAAP financial information. Management uses this information in its internal analysis of results and believes that this information may be informative to investors in gauging the quality of our financial performance, identifying trends in ClearWell’s results and providing meaningful period-to-period comparisons.
Privacy. Personal information transmitted to ClearWell will be treated in accordance with our Privacy Policy.
Copyright and Trademark Notice. You acknowledge that, unless otherwise specifically designated, the Company is the sole owner of all intellectual property rights to this Site and its contents, including but not limited to copyright protection for all content, including the design, layout, graphics, photos, format, and other visual elements of the site. All ownership rights pertaining to the information and material contained on this site, including but not limited to the ClearWell, name, logos, trademark, graphics, photos, images, audio, video, messages, files and content, are owned or have been duly licensed by the Company, WITH ALL RIGHTS RESERVED. Trademarks and service marks that may be referred to on this Site are the property of ClearWell or their respective owners. The site pages and content may be electronically copied or printed in hard copy for internal informational, personal or non-commercial use only, provided that no modifications are made, it is not published in any media, and on each page of ever internal copy, ClearWell is acknowledged as the source with a copyright symbol. You are not granted any license to use the content. Any use other than that set forth above, including the non-internal reproduction, modification, copying, display, use, distributing, downloading, or transmitting in any form or by any means of any copyright-protected or trademark-protected ClearWell or other logo, graphic, photo or image, without the prior written permission of the Company, is strictly prohibited and will be enforced to the full extent of the law. Except for data and information submitted pursuant to an existing agreement with ClearWell, any ideas, material, or content submitted by any user on or through this site (including by e-mail) is, to the extent you own the intellectual property rights, the sole property of ClearWell, and the Company has no obligation of confidentiality nor are we responsible for any claims of infringement or misappropriation that may result from any submission. ClearWell makes no guarantee, representation or warranty that the content of this site or its use will not infringe upon the intellectual property right of any person, nor that the use, transfer, reproduction, distribution, transmission, or storage of any site content outside the United States is in compliance with the laws of any other governmental authority or jurisdiction which may be applicable.
Right to Preserve and Disclose. ClearWell may preserve all information you provide. ClearWell may also disclose information you provide if required to do so by law or in the good faith belief that such preservation or disclosure is reasonably necessary to: (a) complete your transaction; (b) comply with legal process; (c) enforce these Terms and Conditions; (d) respond to claims that any materials on this Site violate your rights or the rights of third parties; (e) protect the rights, property, or personal safety of ClearWell, its users and/or the public; or (f) in the event that all or substantially all of ClearWell ’ assets are acquired by a third party.
Prohibited Actions. You agree not to: (a) decompile, reverse engineer, disassemble, modify, reduce the Site to human perceivable form or create derivative works based upon the Site or any part thereof; (b) disable any licensing or control features of the Site; (c) “frame” the Site or any portion thereof or otherwise cause the Site or its contents to appear to be provided by anyone except ClearWell ; (d) introduce into the Site any virus or other code or routine intended to disrupt or damage the Site, or alter, damage or delete any Site content, or retrieve or record information about the Site or its users; (e) merge the Site or Site content with another program or create derivative works based on the Site or Site content; (f) remove, obscure, or alter any notice of the copyright or other proprietary legends on the Site or Site content; (g) sublicense, assign, translate, rent, lease, lend, resell for profit, distribute or otherwise assign or transfer the Site content or access to the Site to others; (h) use, or allow the use of, the Site or the Site content in contravention of any federal, state, local, foreign or other applicable law, or rules or regulations of regulatory or administrative organizations; or (i) otherwise act in a fraudulent, illegal, malicious or negligent manner when using the Site. Except as expressly provided herein, ClearWell and the third parties reserve all rights with respect to the Site, and may pursue all legally available options under both civil and criminal laws (and may cooperate with law enforcement agencies) in the event of any violations.
Prohibition on Scripts, Bots, Third Parties, etc. You shall not access or use the Site by means of any automated program, expert system, electronic agent or “bot,” and shall not give any person or entity access to the Site.
Prohibition on Scraping. You are prohibited from “scraping,” copying, republishing, licensing, or selling the data or information on the Site if you do so for commercial purposes.
Ownership of Usage Data. ClearWell may collect and aggregate data about your usage of the Site, and ClearWell shall be the sole owner of such information.
Links to Third Party Sites. This Site contains links to third party sites. Access to any other Internet site linked to this Site is at the visitor’s own risk and ClearWell is not responsible for the accuracy or reliability of any information, data, opinions, advices, or statements made on these sites. ClearWell provides these links merely as a convenience and the inclusion of such links does not imply an endorsement or warranty of those links or their associated websites. The Site does not incorporate any materials appearing in such linked sites by reference. ClearWell reserves the right to terminate a link to a third party web site at any time. The third party sites are not controlled by ClearWell and may have different terms of use and privacy policies, which ClearWell encourages you to review.
Must Be At Least 18 Years Old to Use This Site. At this Site ClearWell makes no active effort to collect personal information from individuals under the age of eighteen (18). ClearWell requires that Site users must be of legal age to enter into agreements (typically, at least eighteen (18) years of age or older).
Site Controlled from United States; Prohibited Persons and Countries. This Site is controlled from offices within the United States. ClearWell makes no representation that content or materials in this Site are appropriate or available for use in other jurisdictions. Access to this Site content or materials from jurisdictions where such access is illegal is strictly prohibited. If you choose to access this Site from other jurisdictions, you do so at your own risk. You are always responsible for your compliance with applicable laws. THE LAWS OF TEXAS WILL GOVERN THE CONTENT AND MATERIALS CONTAINED IN THIS SITE, WITHOUT GIVING EFFECT TO ANY PRINCIPLES OF CONFLICTS OF LAWS AND EXCLUDING THE UNITED NATIONS CONVENTION ON THE INTERNATIONAL SALE OF GOODS. YOU AGREE TO SUBMIT TO THE EXCLUSIVE JURISDICTION OF THE STATE AND FEDERAL COURTS LOCATED IN BEXAR COUNTY, TEXAS IN RELATION TO ANY CLAIM, DISPUTE OR DIFFERENCE ARISING FROM THESE TERMS, AND YOU AGREE TO WAIVE ANY RIGHT OF REMOVAL OR TRANSFER WHETHER DUE TO FORUM NON CONVENIENS OR OTHER REASON.
You hereby represent and warrant that (a) you are not located in a country that is subject to a U.S. Government embargo, or that has been designated by the U.S. Government as a “terrorist supporting” country; and (b) you are not listed on any U.S. Government list of prohibited or restricted parties.
Not Authorized to Do Business In Every Jurisdiction. ClearWell is not authorized to do business in every jurisdiction. Information published on this Site may contain references or cross-references to goods or services that are not available in your state or country.
Entire Agreement; Severability. You acknowledge that you have read and understood these Terms and Conditions and that you agree to be bound by its terms and conditions. You further agree that these Terms and Conditions, together with the Privacy Policy, which is hereby incorporated into these Terms and Conditions by reference, constitute the complete and exclusive statement of these Terms and Conditions between you and ClearWell and supersedes all other proposals or prior agreements oral or written, and any other communications relating to the subject matter of these Terms and Conditions. If any provision of these Terms and Conditions is found unenforceable, it shall not affect the validity of these Terms and Conditions, which shall remain valid and enforceable according to its terms.
Contact Us
For further information, or inquiries about these Terms and Conditions, please contact:
Legal Department
1250 N.E. Loop 410, Suite 1000
San Antonio, Texas 78209
Effective: January 1st, 2022
Privacy Policy
Introduction
ClearWell Dynamics, LLC. (“ClearWell”) reserves the right to change this Privacy Policy from time to time at its sole discretion and without sending notice to you, so you should review this Privacy Policy periodically. The effective date of this notice and any revised or changed notice may be found on this page, on the bottom left hand corner of the notice. Any changes will be effective only after the effective date of the change and will not affect any dispute arising prior to the effective date of the change.
Privacy; Confidential Information
ClearWell’s policy is to protect the confidentiality of the individually identifiable information that you provide, and we limit access to that information only to those with a need to know. Unless you choose to provide information to us, ClearWell collects only the information described in the “Computer Information” section from you. In addition, if you choose to complete certain forms or send us requests, you will be asked to provide some or all of the following information: full name, employer and job title, street address, city, state ZIP, phone number, e-mail address, and certain employment-related information if you are seeking a career with ClearWell.
ClearWell’s policy is to prohibit the unlawful disclosure of your personal information. Keep in mind that there is no such thing as perfect security. ClearWell will not release your name or otherwise publicize the fact that you purchased goods or other information to us unless: (a) you grant ClearWell permission to do so; or (b) ClearWell is requested or required to do so by law. To learn more about how ClearWell protects your personal information, such as your name and address, please Contact Us.
Computer Information
ClearWell logs your current Internet address (this is usually a temporary address assigned by your Internet service provider when you log in), the type of operating system you are using, and the type of browser software used. In addition, ClearWell may keep track of what portions of this Site you are visiting. ClearWell aggregates this information to help ClearWell improve or create a better experience for users of the Site. For example: ClearWell may upgrade those parts of the Site that are heavily visited.
Our Site automatically records website usage information that we analyze statistically to track operational problems, to prevent fraud and to improve the effectiveness, security and integrity of the site. We do not use this information to track or record information about individuals. We will disclose this information to third parties only in aggregate form or as may be required by law. For each page that you visit, we collect and store the following technical information in what is called a web server log file:
- Date and time of access
- URL address of the ClearWell webpage visited
- Internet domain and IP address from which our Site was accessed
- Type of browser and operating system used to access our site (if provided by the browser)
- URL address of the referring page (if provided by the browser)
- Completion or success status of the request for a web page or other on-line item
- File size of the webpage visited
For the purpose of enabling better website design and a better user experience, we employ Google Analytics (a web service by Google, Inc.) to track site traffic and provide aggregate reports of how the public interacts with our Site. Session cookies are employed by Google Analytics in the form of client-side JavaScript code. In utilizing this analytics service, ClearWell maintains its existing standards in regards to the sharing and disclosure of information, security and privacy safeguards for the data, and the data retention policy, each described below. Google Analytics analyzes website usage information automatically upon visits to the Site. Users who do not wish to have their visit information collected by Google Analytics may opt-out by downloading a browser extension or by disabling cookies in their browser settings. Opting-out of web measurements will still permit users to access the full Site, with all included information and functionality.
Cookies
A cookie is a piece of information that a web site sends to your computer, which is stored in a file on your computer’s hard drive. A cookie does not tell us your individual identity unless you have chosen to provide it to us. Most cookies expire after a defined period of time.
Personally Identifiable Information
The preceding paragraphs describe the categories of personally identifiable information that ClearWell collects in this Site. Given the limited information collected and the form in which ClearWell receives it, ClearWell does not offer a process for review and changes to personal information.
ClearWell may disclose personally identifiable information you provide to third parties if required to do so by law or in the good faith belief that such preservation or disclosure is reasonably necessary to: (a) complete your request; (b) comply with legal process; (c) enforce these Terms and Conditions; (d) respond to claims that any information you provide violates the rights of third parties; (e) protect the rights, property, or personal safety of ClearWell, its users and/or the public; or (f) in relation to the sale, assignment, transfer or acquisition of all or substantially all of ClearWell’s assets or shares by a third party.
If you wish to change personally identifiable information that you have provided ClearWell, please Contact Us.
Tracking
ClearWell will not respond to Web browser “do not track” signals. For our website visitors, we do not use or share the personally identifiable information provided to us by you or by your site activity in ways unrelated to the ones described above without also providing you an opportunity to opt-out or otherwise prohibit such unrelated uses. In the United States, see the NAI opt-out site and the DAA opt-out site. If you would like additional information about online tracking and various opt-out mechanisms, please see https://youradchoices.com/.
Other parties may collect your personally identifiable information about your online activities over time and across different web sites when you visit this Site.
Please note that not all tracking will stop even if you delete cookies.
Limitation of Liability. UNDER NO CIRCUMSTANCES SHALL ClearWell BE LIABLE FOR ANY DIRECT OR INDIRECT, SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES THAT MAY ARISE FROM A CLAIM OF BREACH OF THIS PRIVACY POLICY. Some jurisdictions do not allow the exclusion or limitation of liability for consequential or incidental damages. In such jurisdictions, our liability is limited to the greatest extent permitted by law, or $5, whichever is less.
Children and Minors
ClearWell makes no active effort to collect personal information from children under the age of 18 and does not wish to receive any such information.
For further information on Privacy matters, please Contact Us at the following:
Legal Department
1250 N.E. Loop 410, Suite 1000
San Antonio, Texas 78209
Effective: January 1st, 2022