This site is provided subject of your compliance with the terms and conditions set forth below. Please read the following information carefully. Your continued use of this site will indicate your agreement to be bound by these terms. If you do not agree to be bound by the terms and conditions, exit this site.
All pages within this website and any material made available for download (collectively the “Site”) are the property of Cledar SP. Z o o. and/or its affiliates or assigns (“Cledar”, “We, “Us,” or “Our”). The Site is protected by federal and international copyright, trademark, and other intellectual property laws. No portion of the materials on these pages may be reprinted, republished, modified, or distributed in any form without the express written permission of Cledar. Site for your own personal use or the internal use of your business. You shall keep intact any proprietary notices, including copyright notices, contained on any downloaded materials and shall comply with any applicable end user license agreements.
Any rights not expressly granted by these Terms and Conditions or any applicable end user license agreements are reserved by Us.
“Cledar” and associated artwork the logos, trademarks, and service marks of Cledar. All other trademarks, service marks and logos used in this Site are the trademarks, service marks or logos of their respective owners.
This site, including any content or information contained within it or any site-related service, is provided “as is,” with all faults, with no representations or warranties of any kind, either expressed or implied, including, but not limited to, the implied warranties of merchantability, fitness for a particular purpose, and noninfringement. You assume total responsibility and risk for your use of this site, site-related services, and hyperlinked websites.
Cledar, its affiliates and its contractors are neither responsible nor liable for any direct, indirect, incidental, consequential, special, exemplary, punitive, or other damages arising out of or relating to the site, site-related services, content or information contained within the site, and/or any hyperlinked website. Your sole remedy for dissatisfaction with the site, site-related services, and/or hyperlinked websites is to stop using the site and/or those services.
Although We attempt to ensure the integrity and accurateness of the Site, We make no guarantees as to the correctness or accuracy of the Site. It is possible that the Site could include inaccuracies or errors, and that unauthorized additions, deletions and alterations could be made to the Site by third parties. In the event that an inaccuracy arises, please inform Us so that it can be corrected. Information contained on the Site may be changed or updated without notice.
We do not want to receive confidential or proprietary information from you through the Site. Please note that any information or material sent to Us through the Site will be deemed not to be confidential unless otherwise agreed in writing, or unless You are a Client under contract with Us. By sending Us any information or material, you grant Us an unrestricted, irrevocable, world-wide, royalty free license to use, reproduce, display, perform, modify, transmit, and distribute those materials or information, and you also agree that We free to use any ideas, concepts, know-how, or techniques that you send us for any purpose.
These Terms and Conditions are entered into in the State of California and shall be governed by and construed in accordance with the laws of the State of California, exclusive of its choice of law rules.
Domestic Disputes. All parties to these Terms and Conditions submits to the exclusive jurisdiction of the state and federal courts sitting in the County of Marin in the State of California, and waives any jurisdictional, venue, or inconvenient forum objections to such courts. In any action to enforce these Terms and Conditions, the prevailing party shall be entitled to costs and attorneys’, experts, and other professional’s fees. In the event that any of the Terms and Conditions are held by a court or other tribunal of competent jurisdiction to be unenforceable, those provisions shall be limited or eliminated to the minimum extent necessary so that these Terms and Conditions shall otherwise remain in full force.
International Disputes. Any dispute, controversy or claim arising out of or relating to this Agreement or its amendments, including, without limitation, its formation, validity, enforceability, interpretation, performance, breach or termination, and related non-contractual claims, shall be mediated under the WIPO Mediation Rules. The mediation shall be in Geneva, Switzerland, and in English. Any dispute, controversy or claim not settled within 60 days of commencing mediation shall, upon filing a Request for Arbitration by a party, be finally determined by binding arbitration under the WIPO Expedited Arbitration Rules. Alternatively, if, before the expiration of the 60 days, a party fails to complete the mediation, the dispute, controversy or claim shall, upon the filing of a Request for Arbitration by any other party, be referred to and finally determined by binding arbitration under the WIPO Expedited Arbitration Rules. The arbitration shall be in Geneva, Switzerland, and the arbitral proceedings shall be in English. The dispute, controversy or claim referred to arbitration shall be decided under the law of the State of California. The parties agree to bring any dispute in arbitration on an individual basis only, and not on a class or collective basis.
As a condition of your use of this Site, you warrant to Us that you will not use the Site for any purpose that is unlawful or prohibited by these Terms and Conditions.
To the extent permitted by applicable law, you agree to defend, indemnify and hold harmless Cledar, its affiliates, officers, directors, employees, agents, contractors, and assigns, from and against any and all claims, damages, obligations, losses, liabilities, costs or debt, and expenses (including but not limited to attorneys’, experts, and other professionals’ fees) arising from: (i) your use of and access to the Site; (ii) your violation of any term of these Terms; or (iii) your violation of any third party right, including without limitation any intellectual property, property, or privacy right. This defense and indemnification obligation will survive these Terms and your use of the Site.
Use of the site and any content is at your own risk. In no event will cledar or its suppliers or affiliates, contractors, or assigns (“cledar parties”), be liable for any indirect, incidental, consequential, punitive or special damages in connection with these terms, whether or not such damages were foreseeable and even if the cledar parties were advised that such damages were likely or possible. In no event will the aggregate liability of the cledar parties to you for any and all claims arising in connection with this site or these terms exceed one hundred u.S. Dollars (u.S.D. $100.00). You acknowledge that this limitation of liability is an essential term between you and us relating to the provision of the site(s) and any content to you, and we would not provide access to the site(s) to you without this limitation. You agree that we will not be liable to you or any other party for any termination of your access to the site(s) or deletion of content.