These terms of use are entered into by and between you (either as an individual or on behalf of the legal entity you represent) and Presidio Labs, LLC dba Clearfront HR (“Clearfront HR”). The following terms and conditions, together with any documents they expressly incorporate by reference (collectively, the “Terms of Use”), govern your access to and use of www.clearfronthr.com website (the “Websites”), including any content, functionality, applications, software and services offered on or through the Website, and any Clearfront HR mobile or desktop apps Clearfront HR (collectively, the “Clearfront HR Platform”), whether as a guest or a registered user.
Please read the Terms of Use carefully before you start to use the Clearfront HR Platform. By using the Clearfront HR Platform, or by clicking to accept or agree to the Terms of Use when this option is made available to you, you accept and agree to be bound and abide by these Terms of Use and the Clearfront HR Privacy Policy, found at https://www.clearfronthr.com/privacy.html. If you do not want to agree to these Terms of Use or the Privacy Policy, you must not access or use the Clearfront HR Platform.
This Clearfront HR Platform is offered and available to users who are 18 years of age or older and reside in the United States or any of its territories or possessions. By using the Clearfront HR Platform, you represent and warrant that you are of legal age to form a binding contract with Clearfront HR and meet all of the foregoing eligibility requirements. If you do not meet all of these requirements, you must not access or use the Clearfront HR Platform.
Clearfront HR may revise and update the Terms of Use from time to time in its sole discretion. All changes are effective immediately when Clearfront HR posts them and apply to all access to and use of the Clearfront HR Platform thereafter. However, any changes to the dispute resolution provisions set forth in the Governing Law and Jurisdiction section will not apply to any disputes for which the parties have actual notice on or prior to the date the change is posted on the Clearfront HR Platform.
Your continued use of the Clearfront HR Platform following the posting of revised Terms of Use means that you accept and agree to the changes. You are expected to check this page frequently, so you are aware of any changes, as they are binding on you.
Clearfront HR reserves the right to withdraw or amend the Clearfront HR Platform, and any service or material provided on the Clearfront HR Platform, in Clearfront HR’s sole discretion without notice. Clearfront HR will not be liable if for any reason all or any part of the Clearfront HR Platform is unavailable at any time or for any period. From time to time, Clearfront HR may restrict access to some parts of the Clearfront HR Platform, or the entire Clearfront HR Platform, to users, including registered users.
You are responsible for:
Making all arrangements necessary for you to have access to the Clearfront HR Platform.
Ensuring that all persons who access the Clearfront HR Platform through your internet connection are aware of the Terms of Use and comply with them.
To access the Clearfront HR Platform or some of the resources it offers, you may be asked to provide certain registration details or other information. It is a condition of your use of the Clearfront HR Platform that all the information you provide on the Clearfront HR Platform is correct, current and complete. You agree that all information you provide to register with this Clearfront HR Platform, post on the Clearfront HR Platform, or otherwise, including but not limited to through the use of any interactive features on the Clearfront HR Platform, is governed by the Clearfront HR Privacy Policy, and you consent to all actions Clearfront HR takes with respect to your information consistent with the Privacy Policy.
If you choose, or are provided with, a user name, password or any other piece of information as part of Clearfront HR security procedures, you must treat such information as confidential, and you must not disclose it to any other person or entity. You also acknowledge that your account is personal to you and agree not to provide any other person with access to this Clearfront HR Platform or portions of it using your user name, password or other security information. You will be responsible for all activities that occur under that password. You agree to notify Clearfront HR 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.
You also represent and warrant that: (i) you will not select or utilize a user name of another person with intent to impersonate that person; (ii) you will not select or utilize a user name in which another person has rights, if you do not have that person's authorization to use such name; and (iii) you will not select or utilize a user name that Clearfront HR in its sole discretion deems offensive.
Clearfront HR has the right to disable any user name, password or other identifier, whether chosen by you or provided by Clearfront HR, at any time in its sole discretion for any or no reason, including if, in Clearfront HR’s opinion, you have violated any provision of the Terms of Use.
The Clearfront HR Platform 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), are owned by Clearfront HR, 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.
The Terms of Use permit you to use the Clearfront HR Platform for your personal, non-commercial use only, or for legitimate business purposes relating to your role as a potential or current supplier or customer of Clearfront HR subject to any separate agreement (including a Services Agreement) with Clearfront HR. You must not reproduce, distribute, modify, create derivative works of, publicly display, publicly perform, republish, download, store or transmit any of the material on the Clearfront HR Platform, 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.
You may print or download one copy of a reasonable number of pages of the Clearfront HR Platform for your own personal, non-commercial use, or for legitimate business purposes relating to your role as a potential or current supplier or customer of Clearfront HR, and not for further reproduction, publication or distribution.
If Clearfront HR provides 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 Clearfront HR’s end user license or services agreement for such applications.
You must not:
Modify copies of any materials from the Clearfront HR Platform.
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 the Clearfront HR Platform.
Except as otherwise agreed to between you and Clearfront HR, you must not access or use for any commercial purposes any part of the Clearfront HR Platform or any services or materials available through the Clearfront HR Platform.
If you wish to make any use of material on the Clearfront HR Platform other than that set out in this section, please address your request to: info@clearfronthr.com.
If you print, copy, modify, download or otherwise use or provide any other person with access to any part of the Clearfront HR Platform in breach of the Terms of Use, your right to use the Clearfront HR Platform will cease immediately and you must, at Clearfront HR’s option, return or destroy any copies of the materials you have made. No right, title or interest in or to the Clearfront HR Platform or any content on the Clearfront HR Platform is transferred to you, and all rights not expressly granted are reserved by Clearfront HR. Any use of the Clearfront HR Platform not expressly permitted by the Terms of Use is a breach of the Terms of Use and may violate copyright, trademark and other laws.
The Clearfront HR name, Clearfront HR logo, and all related names, logos, product and service names, designs and slogans are trademarks of Clearfront HR or its affiliates or licensors. You must not use such marks without the prior written permission of Clearfront HR. All other names, logos, product and service names, designs and slogans on this Clearfront HR Platform are the trademarks of their respective owners.
You may use the Clearfront HR Platform only for lawful purposes and in accordance with the Terms of Use. You agree not to use the Clearfront HR Platform:
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 does not comply with the Content Standards set out in these Terms of Use.
To transmit, or procure the sending of, any advertising or promotional material, including any “junk mail”, “chain letter” or “spam” or any other similar solicitation.
To impersonate or attempt to impersonate Clearfront HR, a Clearfront HR 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 Clearfront HR Platform, or which, as determined by Clearfront HR, may harm Clearfront HR or users of the Clearfront HR Platform or expose them to liability.
Additionally, you agree not to:
Use the Clearfront HR Platform in any manner that could disable, overburden, damage, or impair the site or interfere with any other party's use of the Clearfront HR Platform, including their ability to engage in real time activities through the Clearfront HR Platform.
Use any robot, spider or other automatic device, process or means to access the Clearfront HR Platform for any purpose, including monitoring or copying any of the material on the Clearfront HR Platform.
Use any manual process to monitor or copy any of the material on the Clearfront HR Platform or for any other unauthorized purpose without Clearfront HR’s prior written consent.
Use any device, software or routine that interferes with the proper working of the Clearfront HR Platform.
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 Clearfront HR Platform, the server on which the Clearfront HR Platform is stored, or any server, computer or database connected to the Clearfront HR Platform.
Attack the Clearfront HR Platform via a denial-of-service attack or a distributed denial-of-service attack.
Otherwise attempt to interfere with the proper working of the Clearfront HR Platform.
The Clearfront HR Platform may contain message boards, chat rooms, personal web pages or profiles, forums, bulletin boards, blogs, community areas and other interactive features (collectively, “Interactive Services”) that allow users to post, submit, publish, display or transmit to other users or other persons (hereinafter, “post”) content or materials (collectively, “User Contributions”) on or through the Clearfront HR Platform.
All User Contributions must comply with the Content Standards set out in the Terms of Use.
Any User Contribution you post to the Clearfront HR Platform will be considered non-confidential and non-proprietary. By providing any User Contribution on the Clearfront HR Platform, you grant Clearfront HR and its affiliates and service providers, and each of their and Clearfront HR’s respective licensees, successors and assigns the right to use, reproduce, modify, perform, display, distribute and otherwise disclose to third parties any such material for any purpose.
You represent and warrant that:
You own or control all rights in and to the User Contributions and have the right to grant the license granted above to Clearfront HR and Clearfront HR’s affiliates and service providers, and each of their and Clearfront HR’s respective licensees, successors and assigns.
All of your User Contributions are truthful, accurate, appropriate and comply with applicable law.
All of your User Contributions do and will comply with these Terms of Use.
You understand and acknowledge that you are responsible for any User Contributions you submit or contribute, and you, not Clearfront HR, has full responsibility for such content, including its legality, reliability, accuracy and appropriateness.
Clearfront HR is not responsible, or liable to any third party, for the content or accuracy of any User Contributions posted by you or any other user of the Clearfront HR Platform.
Clearfront HR has the right to:
Remove or refuse to post any User Contributions for any or no reason in its sole discretion. Clearfront HR may add, change, discontinue, remove, edit or suspend such User Contributions at any time for any reason without notice to you, without your permission, and without liability.
Take any action with respect to any User Contribution that Clearfront HR deems necessary or appropriate in Clearfront HR’s sole discretion, including if Clearfront HR believes that such User Contribution violates the Terms of Use, including the Content Standards, infringes any intellectual property right or other right of any person or entity, threatens the personal safety of users of the Clearfront HR Platform or the public or could create liability for Clearfront HR.
Disclose your identity or other information about you to any third party who claims that material posted by you violates their rights, including their intellectual property rights or their right to privacy.
Take appropriate legal action, including without limitation, referral to law enforcement, for any illegal or unauthorized use of the Clearfront HR Platform.
Terminate or suspend your access to all or part of the Clearfront HR Platform for any or no reason, including without limitation, any violation of these Terms of Use.
Without limiting the foregoing, Clearfront HR has the right to fully cooperate with any law enforcement authorities or court order requesting or directing Clearfront HR to disclose the identity or other information of anyone posting any materials on or through the Clearfront HR Platform. YOU WAIVE AND HOLD HARMLESS CLEARFRONT HR AND ITS AFFILIATES, LICENSEES AND SERVICE PROVIDERS FROM ANY CLAIMS RESULTING FROM ANY ACTION TAKEN BY ANY OF THE FOREGOING PARTIES DURING OR AS A RESULT OF ITS INVESTIGATIONS AND FROM ANY ACTIONS TAKEN AS A CONSEQUENCE OF INVESTIGATIONS BY EITHER SUCH PARTIES OR LAW ENFORCEMENT AUTHORITIES.
However, Clearfront HR cannot and does not undertake to review all material before it is posted on the Clearfront HR Platform and cannot ensure prompt removal of objectionable material after it has been posted. Accordingly, Clearfront HR assumes no liability for any action or inaction regarding transmissions, communications or content provided by any user or third party. Clearfront HR has no liability or responsibility to anyone for performance or nonperformance of the activities described in this section.
These content standards (the “Content Standards”) apply to any and all User Contributions and use of Interactive Services. User Contributions must in their entirety comply with all applicable federal, state, local and international laws and regulations. Without limiting the foregoing, User Contributions must not:
Contain any material which is defamatory, obscene, indecent, abusive, offensive, harassing, violent, hateful, inflammatory or otherwise objectionable.
Promote sexually explicit or pornographic material, violence, or discrimination based on race, sex, religion, nationality, disability, sexual orientation or age.
Infringe any patent, trademark, trade secret, copyright or other intellectual property or other rights of any other person.
Violate 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 Clearfront HR’s Privacy Policy.
Be likely to deceive any person.
Promote any illegal activity, or advocate, promote or assist any unlawful act.
Cause annoyance, inconvenience or needless anxiety or be likely to upset, embarrass, alarm or annoy any other person.
Impersonate any person or misrepresent your identity or affiliation with any person or organization.
Involve commercial activities or sales, such as contests, sweepstakes and other sales promotions, barter or advertising.
Give the impression that they emanate from or are endorsed by Clearfront HR or any other person or entity, if this is not the case.
If you believe that any User Contributions violate your copyright, please see Clearfront HR’s Copyright Policy set forth below for instructions on sending Clearfront HR a notice of copyright infringement. It is the policy of Clearfront HR to terminate the user accounts of repeat infringers.
The information presented on or through the Clearfront HR Platform is made available solely for general information purposes. Clearfront HR does not warrant the accuracy, completeness or usefulness of this information. Any reliance you place on such information is strictly at your own risk. Clearfront HR disclaims all liability and responsibility arising from any reliance placed on such materials by you or any other visitor to the Clearfront HR Platform, or by anyone who may be informed of any of its contents.
The Clearfront HR Platform includes content provided by third parties, including materials provided by other users, bloggers and third-party licensors, syndicators, aggregators and/or reporting services. 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 Clearfront HR, are solely the opinions and the responsibility of the person or entity providing those materials. These materials do not necessarily reflect the opinion of Clearfront HR. Clearfront HR is not responsible, or liable to you or any third party, for the content or accuracy of any materials provided by any third parties.
Clearfront HR may update the content on the Clearfront HR Platform from time to time, but its content is not necessarily complete or up-to-date. Any of the material on the Clearfront HR Platform may be out of date at any given time, and Clearfront HR is under no obligation to update such material.
All information Clearfront HR collects on this Clearfront HR Platform is subject to Clearfront HR’s Privacy Policy. By using the Clearfront HR Platform, you consent to all actions taken by Clearfront HR with respect to your information in compliance with the Privacy Policy.
To the extent you enter into a Services Agreement with Clearfront HR, the services will be governed by Clearfront HR’s Services Agreement Terms and Conditions, located at www.clearfronthr.com/services_agreement.html.
Additional terms and conditions may also apply to specific portions, services or features of the Clearfront HR Platform. All such additional terms and conditions are hereby incorporated by this reference into these Terms of Use.
You may link to Clearfront HR’s homepage, provided you do so in a way that is fair and legal and does not damage Clearfront HR’s reputation or take advantage of it, but you must not establish a link in such a way as to suggest any form of association, approval or endorsement on Clearfront HR’s part without Clearfront HR’s express written consent.
The Clearfront HR Platform may provide certain social media features that enable you to:
Link from your own or certain third-party Clearfront HR Platforms to certain content on the Clearfront HR Platform.
Send e-mails or other communications with certain content, or links to certain content, on the Clearfront HR Platform.
Cause limited portions of content on the Clearfront HR Platform to be displayed or appear to be displayed on your own or certain third-party Clearfront HR Platforms.
You may use these features solely as they are provided by Clearfront HR, and solely with respect to the content they are displayed with and otherwise in accordance with any additional terms and conditions Clearfront HR provides with respect to such features. Subject to the foregoing, you must not:
Establish a link from any Clearfront HR Platform that is not owned by you.
Cause the Clearfront HR Platform or portions of it to be displayed, or appear to be displayed by, for example, framing, deep linking or in-line linking, on any other site.
Link to any part of the Clearfront HR Platform other than the homepage.
Otherwise take any action with respect to the materials on the Clearfront HR Platform that is inconsistent with any other provision of these Terms of Use.
The Clearfront HR Platform from which you are linking, or on which you make certain content accessible, must comply in all respects with the Content Standards set out in these Terms of Use.
You agree to cooperate with Clearfront HR in causing any unauthorized framing or linking immediately to cease. Clearfront HR reserves the right to withdraw linking permission without notice.
Clearfront HR may disable all or any social media features and any links at any time without notice in Clearfront HR’s discretion.
If the Clearfront HR Platform 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. Clearfront HR has no control over the contents of those sites or resources and accepts 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 Clearfront HR Platforms linked to this Clearfront HR Platform, you do so entirely at your own risk and subject to the terms and conditions of use for such Clearfront HR Platforms.
The owner of the Clearfront HR Platform, Clearfront HR, is based in the state of California in the United States. If you access the Clearfront HR Platform from outside the United States, you do so on your own initiative and are responsible for compliance with local laws. If you are visiting or using the Clearfront HR Platform from another country, your communications with us may result in the transfer of information (including your registration or personal information, as described below) across international boundaries. By visiting or using the Clearfront HR Platform, and/or communicating electronically with us, you consent to such transfers.
You understand that Clearfront HR cannot and does not guarantee or warrant that files available for downloading from the internet or the Clearfront HR Platform 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 the Clearfront HR Platform for any reconstruction of any lost data. CLEARFRONT HR 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 CLEARFRONT HR PLATFORM OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE CLEARFRONT HR PLATFORM OR TO YOUR DOWNLOADING OF ANY MATERIAL POSTED ON IT, OR ON ANY CLEARFRONT HR PLATFORM LINKED TO IT.
YOUR USE OF THE CLEARFRONT HR PLATFORM, ITS CONTENT AND ANY SERVICES OR ITEMS OBTAINED THROUGH THE CLEARFRONT HR PLATFORM IS AT YOUR OWN RISK. THE CLEARFRONT HR PLATFORM, ITS CONTENT AND ANY SERVICES OR ITEMS OBTAINED THROUGH THE CLEARFRONT HR PLATFORM ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS, WITHOUT ANY WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. NEITHER CLEARFRONT HR NOR ANY PERSON ASSOCIATED WITH CLEARFRONT HR MAKES ANY WARRANTY OR REPRESENTATION WITH RESPECT TO THE COMPLETENESS, SECURITY, RELIABILITY, QUALITY, ACCURACY OR AVAILABILITY OF THE CLEARFRONT HR PLATFORM. WITHOUT LIMITING THE FOREGOING, NEITHER CLEARFRONT HR NOR ANYONE ASSOCIATED WITH CLEARFRONT HR REPRESENTS OR WARRANTS THAT THE CLEARFRONT HR PLATFORM, ITS CONTENT OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE CLEARFRONT HR PLATFORM WILL BE ACCURATE, RELIABLE, ERROR-FREE OR UNINTERRUPTED, THAT DEFECTS WILL BE CORRECTED, THAT CLEARFRONT HR’S CLEARFRONT HR PLATFORM OR THE SERVER THAT MAKES IT AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS OR THAT THE CLEARFRONT HR PLATFORM OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE CLEARFRONT HR PLATFORM WILL OTHERWISE MEET YOUR NEEDS OR EXPECTATIONS.
CLEARFRONT HR 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.
YOU ACKNOWLEDGE AND AGREE THAT ANY TRANSMISSION TO AND FROM THE CLEARFRONT HR PLATFORM IS NOT CONFIDENTIAL AND YOUR COMMUNICATIONS OR USER CONTENT MAY BE READ OR INTERCEPTED BY OTHERS. YOU FURTHER ACKNOWLEDGE AND AGREE THAT BY SUBMITTING COMMUNICATIONS OR USER CONTENT TO CLEARFRONT HR AND BY POSTING INFORMATION ON THE CLEARFRONT HR PLATFORM, NO CONFIDENTIAL, FIDUCIARY, CONTRACTUALLY IMPLIED OR OTHER RELATIONSHIP IS CREATED BETWEEN YOU AND CLEARFRONT HR OTHER THAN PURSUANT TO THESE TERMS OF USE. YOU FURTHER ACKNOWLEDGE AND AGREE THAT YOU WILL NOT HOLD OR SEEK TO HOLD CLEARFRONT HR OR ANY THIRD-PARTY PROVIDER RESPONSIBLE FOR THE CONTENT PROVIDED BY ANY USER.
IN NO EVENT WILL CLEARFRONT HR, ITS AFFILIATES OR THEIR LICENSORS, SERVICE PROVIDERS, EMPLOYEES, AGENTS, 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 CLEARFRONT HR PLATFORM, ANY WEBSITES LINKED TO IT, ANY CONTENT ON THE CLEARFRONT HR PLATFORM OR SUCH OTHER WEBSITES OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE CLEARFRONT HR PLATFORM 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.
IF YOU ARE DISSATISFIED WITH THE CLEARFRONT HR PLATFORM, YOU DO NOT AGREE WITH ANY PART OF THE TERMS OF USE OR HAVE ANY OTHER DISPUTE OR CLAIM WITH OR AGAINST CLEARFRONT HR, ANY THIRD-PARTY PROVIDER OR ANY USER OF THE CLEARFRONT HR PLATFORM, WITH RESPECT TO THESE TERMS OF USE, OR THE CLEARFRONT HR PLATFORM, THEN YOUR SOLE AND EXCLUSIVE REMEDY AGAINST CLEARFRONT HR IS TO DISCONTINUE USING THE CLEARFRONT HR PLATFORM. IN ALL EVENTS, CLEARFRONT HR’S TOTAL LIABILITY TO YOU OR ANY THIRD PARTY IN ANY CIRCUMSTANCE ARISING OUT OF OR IN CONNECTION WITH THE FURNISHED FINDER PLATFORM IS LIMITED TO THE AMOUNT OF FEES YOU PAY TO CLEARFRONT HR IN THE THREE (3) MONTHS PRIOR TO THE ACTION GIVING RISE TO LIABILITY.
THE FOREGOING DOES NOT AFFECT ANY LIABILITY WHICH CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.
You agree to defend, indemnify and hold harmless Clearfront HR, its affiliates, licensors and service providers, and its and their respective 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 Clearfront HR Platform, including, but not limited to, your User Contributions, any use of the Clearfront HR Platform's content, services and products other than as expressly authorized in these Terms of Use or your use of any information obtained from the Clearfront HR Platform.
All matters relating to the Clearfront HR Platform 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 California without giving effect to any choice or conflict of law provision or rule (whether of the State of California or any other jurisdiction).
Any legal suit, action or proceeding arising out of, or related to, these Terms of Use or the Clearfront HR Platform shall be instituted exclusively in the federal courts of the United States or the courts of the State of California in each case located in San Francisco County, although Clearfront HR retains 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. You waive any and all objections to the exercise of jurisdiction over you by such courts and to venue in such courts.
At Clearfront HR's sole discretion, it may require you to submit any disputes arising from the use of these Terms of Use or the Clearfront HR Platform, including disputes arising from or concerning their interpretation, violation, invalidity, non-performance, or termination, to final and binding arbitration under the Rules of Arbitration of the American Arbitration Association applying California law in San Francisco County.
ANY CAUSE OF ACTION OR CLAIM YOU MAY HAVE ARISING OUT OF OR RELATING TO THESE TERMS OF USE OR THE CLEARFRONT HR PLATFORM MUST BE COMMENCED WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION ACCRUES, OTHERWISE, SUCH CAUSE OF ACTION OR CLAIM IS PERMANENTLY BARRED.
No waiver by Clearfront HR of any term or condition set forth in the 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 Clearfront HR to assert a right or provision under the Terms of Use shall not constitute a waiver of such right or provision.
If any provision of the 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.
The Terms of Use, Privacy Policy, and any other documents referenced in the Terms of Use, and any services agreement or license terms between the parties, including any Services Agreement, constitute the sole and entire agreement between you and Clearfront HR with respect to the Clearfront HR Platform and supersede all prior and contemporaneous understandings, agreements, representations and warranties, both written and oral, with respect to the Clearfront HR Platform.
This Clearfront HR Platform is operated by Clearfront HR.
All notices of copyright infringement claims should be sent to the copyright agent designated in Clearfront HR’s Copyright Policy as set forth below in the manner and by the means set forth therein.
All other feedback, comments, requests for technical support and other communications relating to the Clearfront HR Platform should be directed to: info@clearfronthr.com.
Clearfront HR takes claims of copyright infringement seriously. Clearfront HR will respond to notices of alleged copyright infringement that comply with applicable law. If you believe any materials accessible on or from this site (the “Clearfront HR Platform”) infringe your copyright, you may request removal of those materials (or access to them) from the Clearfront HR Platform by submitting written notification to Clearfront HR’s copyright agent designated below. In accordance with the Online Copyright Infringement Liability Limitation Act of the Digital Millennium Copyright Act (17 U.S.C. § 512) (“DMCA”), the written notice (the “DMCA Notice”) must include substantially the following:
Your physical or electronic signature.
Identification of the copyrighted work you believe to have been infringed or, if the claim involves multiple works on the Clearfront HR Platform, a representative list of such works.
Identification of the material you believe to be infringing in a sufficiently precise manner to allow Clearfront HR to locate that material.
Adequate information by which Clearfront HR can contact you (including your name, postal address, telephone number, and, if available, email address).
A statement that you have a good faith belief that use of the copyrighted material is not authorized by the copyright owner, its agent, or the law.
A statement that the information in the written notice is accurate.
A statement, under penalty of perjury, that you are authorized to act on behalf of the copyright owner.
Clearfront HR’s designated copyright agent to receive DMCA Notices is:
NAME: DMCA Agent - Clearfront HR
ADDRESS: 1 Union Street, Suite 210, San Francisco, CA 94115
EMAIL: info@clearfronthr.com
PHONE: 415.255.5755
If you fail to comply with all of the requirements of Section 512(c)(3) of the DMCA, your DMCA Notice may not be effective.
Please be aware that if you knowingly materially misrepresent that material or activity on the Clearfront HR Platform is infringing your copyright, you may be held liable for damages (including costs and attorneys' fees) under Section 512(f) of the DMCA.
If you believe that material you posted on the Clearfront HR Platform was removed or access to it was disabled by mistake or misidentification, you may file a counter-notification with Clearfront HR (a “Counter-Notice”) by submitting written notification to Clearfront HR’s copyright agent designated above. Pursuant to the DMCA, the Counter-Notice must include substantially the following:
Your physical or electronic signature.
An identification of the material that has been removed or to which access has been disabled and the location at which the material appeared before it was removed or access disabled.
Adequate information by which Clearfront HR can contact you (including your name, postal address, telephone number, and, if available, email address).
A statement under penalty of perjury by you that you have a good faith belief that the material identified above was removed or disabled as a result of a mistake or misidentification of the material to be removed or disabled.
A statement that you will consent to the jurisdiction of the Federal District Court for the judicial district in which your address is located (or if you reside outside the United States for any judicial district in which the Clearfront HR Platform may be found) and that you will accept service from the person (or an agent of that person) who provided the Clearfront HR Platform with the complaint at issue.
The DMCA allows Clearfront HR to restore the removed content if the party filing the original DMCA Notice does not file a court action against you within ten business days of receiving the copy of your Counter-Notice.
Please be aware that if you knowingly materially misrepresent that material or activity on the Clearfront HR Platform was removed or disabled by mistake or misidentification, you may be held liable for damages (including costs and attorneys' fees) under Section 512(f) of the DMCA.
It is Clearfront HR’s policy in appropriate circumstances to disable and/or terminate the accounts of users who are repeat infringers.