Terms of Use

Acceptance of the Terms of Use

Welcome to the website of ClearMask, LLC, a Maryland limited liability company ("Company", "we" or "us"). The following terms and conditions, together with any documents incorporated by reference herein (collectively, these "Terms of Use"), govern your access to and use of www.theclearmask.com (the “Website”), including any content, functionality and services or products offered on or through the Website, whether as a guest or a registered user.  These Terms of Use shall also apply to any person (including any therapist, doctor, nurse, teacher or other professional) who guides and assists a user on the Website or with respect to any services or products offered on or through the Website.

 

Please read the Terms of Use carefully before you start to use the Website and any services or products offered on or through the Website. By using the Website, you accept and agree to be bound and abide by these Terms of Use and our Privacy Policy, found at www.theclearmask.com (the “Privacy Policy”), incorporated herein by reference. If you do not want to agree to these Terms of Use or the Privacy Policy, you must not access or use the Website.

This Website is offered and available to users who are at least 18 years of age or older. By using this Website, you represent and warrant that you are of legal age to form a binding contract with the Company and meet all of the foregoing eligibility requirements. If you do not meet all of these requirements, you must not access or use the Website.

No Medical or Health Care Advice

THE WEBSITE AND THE SERVICES OR PRODUCTS OFFERED ON OR THROUGH THE WEBSITE DO NOT PROVIDE PROFESSIONAL MEDICAL OR OTHER PROFESSIONAL HEALTH CARE ADVICE.  NO CONTENT ASSOCIATED WITH THE WEBSITE AND THE SERVICES OR PRODUCTS OFFERED ON OR THROUGH THE WEBSITE SHOULD BE CONSTRUED AS OR USED AS A SUBSTITUTE OR REPLACEMENT FOR ANY FORM OF MEDICAL OR HEALTH CARE ADVICE, PROFESSIONAL SERVICES, OR RECOMMENDATIONS. THE WEBSITE AND THE SERVICES OR PRODUCTS OFFERED ON OR THROUGH THE WEBSITE ARE NOT INTENDED TO CONSTITUTE (I) THE PRACTICE OF MEDICINE OR THE PROVISION OF HEALTHCARE DIAGNOSIS OR TREATMENT, (II) THE CREATION OF A DOCTOR-PATIENT RELATIONSHIP, OR (III) AN ENDORSEMENT, RECOMMENDATION, OR SPONSORSHIP FOR ANY MEDICAL SERVICES.

Changes to the Terms of Use

We may revise and update these Terms of Use from time to time in our sole discretion. All changes are effective immediately when we post them, and apply to all access to and use of the Website and any services or products offered on or through the Website thereafter.

Your continued use of the Website and any services or products offered on or through the Website following the posting of revised Terms of Use means that you accept and agree to the changes. It is your responsibility to check this page periodically so you are aware of any changes, as they are binding on you.  

Accessing the Website and Account Security

We reserve the right to withdraw or amend the Website and any services or products offered on or through the Website, in our sole discretion without notice. We will not be liable if for any reason all or any part of the Website or any services or products offered on or through the Website is unavailable at any time or for any period. From time to time, we may restrict access to some parts of the Website or certain services or products offered on or through the Website, to users, including registered users.

You are responsible for:

  • Making all arrangements necessary for you to have access to the Website and any services or products offered on or through the Website.

  • Ensuring that all persons who access the Website and any services or products offered on or through the Website through your internet connection are aware of these Terms of Use and comply with them.

To access the Website or some or all of the services or products offered on or through the Website, you may be asked to provide certain registration details or other information. It is a condition of your use of the Website and any such services or products offered on or through the Website that all the information you provide to us is correct, current and complete. You agree that all information you provide to us register with the Website, any service or product or otherwise, including but not limited to through the use of any interactive features on the Website or any services or products offered on or through the Website, is governed by the Privacy Policy, and you consent to all actions we take with respect to your information consistent with our Privacy Policy.

If you choose, or are provided with, a user name, password or any other piece of information as part of our security procedures, you must treat such information as confidential, and you must not disclose it to any other person or entity.  You are also entirely responsible for maintaining the confidentiality of all Individually Identifiable Health Information protected under applicable state and federal law, including Protected Health Information as defined in 45 C.F.R. § 160.103 transmitted, accessed or received in connection with your use of the Website or any service or product offered on or through the Website. You also acknowledge that your account is personal to you and agree not to provide any other person with access to the Website or any services or products offered on or through the Website using your user name, password or other security information. You agree to notify us immediately of any unauthorized access to or use of your user name or password or any other breach of security. You also agree to ensure that you exit from your account at the end of each session. You should use particular caution when accessing your account from a public or shared computer so that others are not able to view or record your password or other personal information.

We have the right to disable any user name, password or other identifier, whether chosen by you or provided by us, at any time in our sole discretion for any or no reason, including, without limitation, if, in our opinion, you have violated any provision of these Terms of Use.

Intellectual Property Rights

The Website and its entire contents, features and functionality (including but not limited to all information, software, text, displays, images, video and audio, and the design, selection and arrangement thereof) and any services or products offered on or through the Website, are owned by the Company, its licensors or other providers of such material and are protected by United States and international copyright, trademark, patent, trade secret and other intellectual property or proprietary rights laws.

These Terms of Use permit you to use the Website and any services or products offered on or through the Website (for which you have properly registered) for your personal, limited, non-commercial, non-exclusive and non-transferable use only. You have no other rights in the Website and you must not reproduce, copy, distribute, modify, create derivative works of, publicly display, publicly perform, republish, download, store or transmit any of the material on the Website or any services or products offered on or through the Website, except as follows:

  • Your computer may temporarily store copies of such materials in RAM incidental to your accessing and viewing those materials.

  • You may store files that are automatically cached by your Web browser for display enhancement purposes.

  • If we provide desktop, mobile or other applications for download, you may download a single copy to your computer or mobile device solely for your own personal, non-commercial use, provided you agree to be bound by our end user license agreement for such applications.

  • If we provide social media features with certain content, you may take such actions as are enabled by such features.

You must not:

  • Modify copies of any materials from this site.

  • Use any illustrations, photographs, video or audio sequences or any graphics separately from the accompanying text.

  • Delete or alter any copyright, trademark or other proprietary rights notices from copies of materials from this site.

You must not access or use for any commercial purposes any part of the Website or any services or products offered on or through the Website.

If you wish to make any use of material on the Website or any services or products offered on or through the Website other than that set out in this section, please address your request to: contact@theclearmask.com.

If you print, copy, modify, download or otherwise use or provide any other person with access to any part of the Website or any services or products offered on or through the Website in breach of the Terms of Use, your right to use the Website and any services or products offered on or through the Website will cease immediately and you must, at our option, return or destroy any copies of the materials you have made. No right, title or interest in or to the Website and any services or products offered on or through the Website or any content related thereto is transferred to you, and all rights not expressly granted are reserved by the Company. Any use of the Website and any services or products offered on or through the Website not expressly permitted by these Terms of Use is a breach of these Terms of Use and may violate copyright, trademark and other laws.

Trademarks

The Company name, the Company logo and all related names, logos, product and service names, designs and slogans are trademarks of the Company or its affiliates or licensors. You must not use such marks without the prior written permission of the Company. All other names, logos, product and service names, designs and slogans on the Website and any services or products offered on or through the Website are the trademarks of their respective owners.

Submissions

Certain areas of the Website (e.g. blogs, chat rooms or customer ratings and review areas) may permit you to submit feedback information, data, text, software, messages, or other materials (each, a "User Submission"). You agree that you are solely responsible for all of your User submissions and that any such User Submission is considered both non-confidential and non-proprietary. Further, we do not guarantee that you will be able to edit or delete any User Submission you have submitted.

By submitting any User Submission, you are agreeing that:

  • You own all rights in your User Submissions (including, without limitation, all rights to the reproduction and display of your User Submissions) or, alternatively, you have acquired all necessary rights in your User Submissions to enable you to grant to us the rights in your User Submissions as described in these Terms of Use;
  • You have paid and will pay in full all license fees, clearance fees, and other financial obligations, of any kind, arising from any use or commercial exploitation of your User Submissions;
  • You voluntarily agree to waive all "moral rights" that you may have in your User Submission;
  • Any information contained in your User Submission is not known by you to be false, inaccurate, or misleading;
  • Your User Submission does not violate any law (including, but not limited to, those governing export control, consumer protection, unfair competition, anti-discrimination, or false advertising);
  • You were not and will not be compensated or granted any consideration by any third party for submitting your User Submission;
  • Your User Submission does not incorporate materials from a third-party website, or addresses, email addresses, contact information, or phone numbers (other than your own);
  • Your User Submission does not contain any viruses, worms, spyware, adware, or other potentially damaging programs or files; and
  • Your User Submission does not contain any information that you consider confidential, proprietary, or personal.

By submitting a User Submission, you grant to us an irrevocable, perpetual, transferable, non-exclusive, fully-paid, worldwide, royalty-free license (sublicensable through multiple tiers) to:

  • Use, distribute, reproduce, modify, adapt, publish, translate, publicly perform, and publicly display your User Submissions (or any modification thereto), in whole or in part, in any format or medium now known or later developed;

  • Use (and permit others to use) your User Submission in any manner and for any purpose (including, without limitation, commercial purposes) that we deem appropriate in our sole discretion (including, without limitation, to incorporate your User Submission or any modification thereto, in whole or in part, into any technology, product, or service);

  • Display advertisements in connection with your User Submissions and to use your User Submissions for advertising and promotional purposes.

We may, but are not obligated to, pre-screen User Submissions or monitor any area of the Website through which User Submissions may be submitted. We are not required to host, display, or distribute any User Submissions on or through this Website and may remove at any time or refuse any User Submissions for any reason. We are not responsible for any loss, theft, or damage of any kind to any User Submissions. Further, you agree that we may freely disclose your User Submission to any third party absent any obligation of confidential treatment on the part of the recipient.

Prohibited Uses

You may use the Website and any services or products offered on or through the Website only for lawful purposes and in accordance with these Terms of Use. You agree not to use the Website and any services or products offered on or through the Website:

  • In any way that violates any applicable federal, state, local or international law or regulation (including, without limitation, any laws regarding the export of data or software to and from the US or other countries).

  • For the purpose of exploiting, harming or attempting to exploit or harm minors in any way by exposing them to inappropriate content, asking for personally identifiable information or otherwise.

  • To send, knowingly receive, upload, download, use or re-use any material which:

    • Contains any material which is defamatory, obscene, indecent, abusive, offensive, harassing, violent, hateful, inflammatory or otherwise objectionable.

    • Promotes sexually explicit or pornographic material, violence, or discrimination based on race, sex, religion, nationality, disability, sexual orientation or age.

    • Infringes any patent, trademark, trade secret, copyright or other intellectual property or other rights of any other person.

    • Violates the legal rights (including the rights of publicity and privacy) of others or contain any material that could give rise to any civil or criminal liability under applicable laws or regulations or that otherwise may be in conflict with these Terms of Use and our Privacy Policy

    • Is likely to deceive any person.

    • Promotes any illegal activity, or advocates, promotes or assists any unlawful act.

    • Causes annoyance, inconvenience or needless anxiety or is likely to upset, embarrass, alarm or annoy any other person.

    • Impersonates any person, or misrepresents your identity or affiliation with any person or organization.

    • Involves commercial activities or sales, such as contests, sweepstakes and other sales promotions, barter or advertising.

    • Gives the impression that they emanate from or are endorsed by us or any other person or entity, if this is not the case.

    • To transmit, or procure the sending of, any advertising or promotional material without our prior written consent, including any "junk mail", "chain letter" or "spam" or any other similar solicitation.

  • To impersonate or attempt to impersonate the Company, a Company employee, another user or any other person or entity (including, without limitation, by using e-mail addresses or screen names associated with any of the foregoing).

  • To engage in any other conduct that restricts or inhibits anyone's use or enjoyment of the Website or any services or products offered on or through the Website, or which, as determined by us, may harm the Company or users of the Website or any services or products offered on or through the Website or expose them to liability.

Additionally, you agree not to:

  • Use the Website or any services or products offered on or through the Website in any manner that could disable, overburden, damage, or impair the site or interfere with any other party's use of the Website or any services or products offered on or through the Website, including their ability to engage in real time activities through the Website or any services or products offered on or through the Website.

  • Use any robot, spider or other automatic device, process or means to access the Website or any services or products offered on or through the Website for any purpose, including monitoring or copying any of the material on the Website or any services or products offered on or through the Website.

  • Use any manual process to monitor or copy any of the material on the Website or any services or products offered on or through the Website or for any other unauthorized purpose without our prior written consent.

  • Use any device, software or routine that interferes with the proper working of the Website or any services or products offered on or through the Website.

  • Introduce any viruses, trojan horses, worms, logic bombs or other material which is malicious or technologically harmful.

  • Attempt to gain unauthorized access to, interfere with, damage or disrupt any parts of the Website or any services or products offered on or through the Website, the server on which the Website or any services or products offered on or through the Website is stored, or any server, computer or database connected to the Website or any services or products offered on or through the Website.

  • Attack the Website or any services or products offered on or through the Website via a denial-of-service attack or a distributed denial-of-service attack.

  • Otherwise attempt to interfere with the proper working of the Website or any services or products offered on or through the Website.

Information About You and Your Visits to the Website

All information we collect on this Website is subject to our Privacy Policy. By using the Website or any services or products offered on or through the Website, you consent to all actions taken by us with respect to your information in compliance with the Privacy Policy.

Links from the Website

If the Website or any services or products offered on or through the Website contains links to other sites and resources provided by third parties, these links are provided for your convenience only. This includes links contained in advertisements, including banner advertisements and sponsored links. We have no control over the contents of those sites or resources, and accept no responsibility for them or for any loss or damage that may arise from your use of them. If you decide to access any of the third party websites linked to the Website or any services or products offered on or through the Website, you do so entirely at your own risk and subject to the terms and conditions of use for such websites.

Fees

We reserve the right to charge a fee for any products or services offered on or through the Website and may change any such fees at any time.  Failure to pay any such fees may result in, among other things, immediate termination of any products or services offered on or through the Website or our exercise of any other rights available to us at law or in equity.

Geographic Restrictions

The owner of the Website is based in the State of Maryland in the United States. We make no claims that the Website or any of its content or any services or products offered on or through the Website is accessible or appropriate outside of the United States. Access to the Website or any services or products offered on or through the Website may not be legal by certain persons or in certain countries. If you access the Website from outside the United States, you do so on your own initiative and are responsible for compliance with local laws.

Disclaimer of Warranties

You understand that we cannot and do not guarantee or warrant that files available for downloading from the internet or the Website or any services or products offered on or through the Website will be free of viruses or other destructive code. You are responsible for implementing sufficient procedures and checkpoints to satisfy your particular requirements for anti-virus protection and accuracy of data input and output, and for maintaining a means external to our site for any reconstruction of any lost data. WE WILL NOT BE LIABLE FOR ANY LOSS OR DAMAGE CAUSED BY A DISTRIBUTED DENIAL-OF-SERVICE ATTACK, VIRUSES OR OTHER TECHNOLOGICALLY HARMFUL MATERIAL THAT MAY INFECT YOUR COMPUTER EQUIPMENT, COMPUTER PROGRAMS, DATA OR OTHER PROPRIETARY MATERIAL DUE TO YOUR USE OF THE WEBSITE OR ANY SERVICES, PRODUCTS OR ITEMS OBTAINED THROUGH THE WEBSITE OR TO YOUR DOWNLOADING OF ANY MATERIAL POSTED ON IT, OR ON ANY WEBSITE LINKED TO IT.

YOUR USE OF THE WEBSITE, ITS CONTENT AND ANY SERVICES, PRODUCTS OR ITEMS OBTAINED THROUGH THE WEBSITE IS AT YOUR OWN RISK. THE WEBSITE, ITS CONTENT AND ANY SERVICES, PRODUCTS OR ITEMS OBTAINED THROUGH THE WEBSITE ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS, WITHOUT ANY WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. NEITHER THE COMPANY NOR ANY PERSON ASSOCIATED WITH THE COMPANY MAKES ANY WARRANTY OR REPRESENTATION WITH RESPECT TO THE COMPLETENESS, SECURITY, RELIABILITY, QUALITY, ACCURACY OR AVAILABILITY OF THE WEBSITE, ITS CONTENT AND ANY SERVICES, PRODUCTS OR ITEMS OBTAINED THROUGH THE WEBSITE. WITHOUT LIMITING THE FOREGOING, NEITHER THE COMPANY NOR ANYONE ASSOCIATED WITH THE COMPANY REPRESENTS OR WARRANTS THAT THE WEBSITE, ITS CONTENT OR ANY SERVICES, PRODUCTS OR ITEMS OBTAINED THROUGH THE WEBSITE WILL BE ACCURATE, RELIABLE, ERROR-FREE OR UNINTERRUPTED, THAT DEFECTS WILL BE CORRECTED, THAT THE SITE OR THE SERVER THAT MAKES IT AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS OR THAT THE WEBSITE OR ANY CONTENT, SERVICES, PRODUCTS OR ITEMS OBTAINED THROUGH THE WEBSITE WILL OTHERWISE MEET YOUR NEEDS OR EXPECTATIONS.

THE COMPANY 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 WHICH CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.

Limitation on Liability and Damages

IN NO EVENT WILL THE COMPANY, ITS AFFILIATES OR THEIR LICENSORS, SERVICE PROVIDERS, EMPLOYEES, AGENTS, EQUITY HOLDERS, OFFICERS OR DIRECTORS BE LIABLE FOR DAMAGES OF ANY KIND, UNDER ANY LEGAL THEORY, ARISING OUT OF OR IN CONNECTION WITH YOUR USE, OR INABILITY TO USE, THE WEBSITE, ANY WEBSITES LINKED TO IT, ANY CONTENT ON THE WEBSITE OR SUCH OTHER WEBSITES OR ANY SERVICES, PRODUCTS OR ITEMS OBTAINED THROUGH THE WEBSITE OR SUCH OTHER WEBSITES, INCLUDING ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL OR PUNITIVE DAMAGES, INCLUDING BUT NOT LIMITED TO, PERSONAL INJURY, PAIN AND SUFFERING, EMOTIONAL DISTRESS, LOSS OF REVENUE, LOSS OF PROFITS, LOSS OF BUSINESS OR ANTICIPATED SAVINGS, LOSS OF USE, LOSS OF GOODWILL, LOSS OF DATA, AND WHETHER CAUSED BY TORT (INCLUDING NEGLIGENCE), BREACH OF CONTRACT OR OTHERWISE, EVEN IF FORESEEABLE. WITHOUT LIMITING THE FOREGOING LIMITATION OF LIABILITY, IN THE EVENT WE ARE FOUND LIABLE FOR DAMAGES TO YOU IN A COMPETENT LEGAL PROCEEDING, OUR AGGREGATE LIABILITY FOR ALL CLAIMS ARISING OUT OF OR RELATED TO THESE TERMS OF USE, THE WEBSITE OR ANY SERVICES OR PRODUCTS OFFERED ON OR THROUGH THE WEBSITE IS LIMITED TO THE LESSER OF (A) ONE HUNDRED U.S. DOLLARS ($100) OR (B) THE AMOUNTS PAID TO US FOR THE SERVICES THAT ARE THE BASIS OF THE CLAIM IN THE TWELVE (12) MONTHS PRECEDING THE DATE OF THE CLAIM.  

ANY CLAIMS ARISING OUT OF OR RELATING TO THE WEBSITE OR ANY SERVICES OR PRODUCTS OFFERED ON OR THROUGH THE WEBSITE OR THESE TERMS OF USE MUST BE BROUGHT WITHIN ONE (1) YEAR AFTER THE CLAIM ARISES.

THE FOREGOING DOES NOT AFFECT ANY LIABILITY WHICH 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 equity holders, officers, directors, employees, contractors, agents, licensors, suppliers, successors and assigns from and against any claims, liabilities, damages, judgments, awards, losses, costs, expenses or fees (including reasonable attorneys' fees) arising out of or relating to your violation of these Terms of Use or your use of the Website or any services or products offered on or through the Website, including, but not limited to, your use of the Website's content, services and products other than as expressly authorized in these Terms of Use or your use of any information obtained from the Website or any services or products offered on or through the Website.

Governing Law and Jurisdiction

All matters relating to the Website and these Terms of Use and any dispute or claim arising therefrom or related thereto (in each case, including non-contractual disputes or claims), shall be governed by and construed in accordance with the internal laws of the State of Maryland without giving effect to any choice or conflict of law provision or rule (whether of the State of Maryland or any other jurisdiction).  Foreign laws do not apply.

Any legal suit, action or proceeding arising out of, or related to, these Terms of Use or the Website shall be instituted exclusively in the federal courts of the United States or the courts of the State of Maryland although we retain the right to bring any suit, action or proceeding against you for breach of these Terms of Use in your country of residence or any other relevant country or other jurisdiction. You waive any and all objections to the exercise of jurisdiction over you by such courts and to venue in such courts.

Waiver and Severability

No waiver of by the Company of any term or condition set forth in these Terms of Use shall be deemed a further or continuing waiver of such term or condition or a waiver of any other term or condition, and any failure of the Company to assert a right or provision under these Terms of Use shall not constitute a waiver of such right or provision.

If any provision of these Terms of Use is held by a court or other tribunal of competent jurisdiction to be invalid, illegal or unenforceable for any reason, such provision shall be eliminated or limited to the minimum extent such that the remaining provisions of the Terms of Use will continue in full force and effect.

Your Comments and Concerns

The Website is operated by ClearMask, LLC.

All feedback, comments, requests for technical support and other communications relating to the Website or any services or products offered on or through the Website should be directed to: contact@theclearmask.com.  All such feedback is, and will be treated as, non-confidential and non-proprietary.  You hereby assign all right, title, and interest in such feedback to us, and we are free to use, without any attribution or compensation to you, any ideas, know-how, concepts, techniques, or other intellectual property and proprietary rights contained in the feedback, whether or not patentable, for any purpose whatsoever, including but not limited to, developing, manufacturing, having manufactured, licensing, marketing, and selling, directly or indirectly, products and services using such feedback.  You understand and agree that we are not obligated to use, display, reproduce, or distribute any such ideas, know-how, concepts, or techniques contained in the feedback, and you have no right to compel such use, display, reproduction, or distribution.

Thank you for visiting the Website.

Terms of Use Last Modified: February 2, 2018.