TERMS OF USE AND DISCLAIMER

Welcome to the Website (the “Site”) operated by Clearsun Power.

By accessing or using our Site you signify that you have read, understand and agree to be bound by these Terms of Service (“Terms of Service”).   If you do not agree to these Terms of Service, then do not use the Site.

The Site presents general information about Clearsun Power and is not intended as legal or tax advice nor should you consider it such.  You should not act upon the information on this Site without seeking advice from a lawyer licensed in your own state or country, and this includes consulting with a Certified Public Accountant. We do not provide accounting services.

As used herein, “You,” “User” or “Users” means anyone who accesses and/or uses the Site including individuals acting on behalf of any corporation, partnership or other entity with which You are associated.

1. The Site

These Terms of Service are effective as of the date posted above and we will not be bound by any additional or different terms on other documents that are inconsistent with these terms. Clearsun Power may modify or update these Terms of Service at any time by posting the amended terms on the Site and such terms shall be effective for all use of the Site once they are posted. Your continued access of the Site and/or use of the Services provided on the Site following the posting of any additional or different terms in the Terms of Service constitutes your acceptance of those additional or different terms. Clearsun Power, in its sole discretion, may also add, delete or change some or all of the features of the Site or its Services at any time. 

These Terms of Service govern your access and use of the Site and all content or services provided through the Site, except for content or services provided by third parties. Please read these Terms of Service carefully before using the Site. If you violate any of these Terms of Service (which include by reference Clearsun Power’s Privacy Policy) or otherwise violate an agreement between you and us, we may prohibit you from using or accessing the Site (or any portion, aspect or feature of the Site), at any time in our sole discretion, with or without notice.

2. Proprietary Rights

Clearsun Power retains all right, title and interest in and to the Site, as well as all data, information, content and materials provided on the Site.  Clearsun Power further retains all right, title and interest in and to the business processes, procedures, methods and techniques used within the Site and all patent rights, copyright rights, trademark rights, trade secret rights and other intellectual property and proprietary rights therein existing anywhere in the world (“Intellectual Property”) to the Site. All content on the Site, including but not limited to designs, text, graphics, pictures, video, information, software, music, sound and other files, and their selection and arrangement (the “Site Content”), are our proprietary property with all rights reserved. No Site Content may be modified, copied, distributed, framed, reproduced, republished, downloaded, displayed, posted, transmitted, or sold in any form or by any means, in whole or in part, without our prior written permission. Such unauthorized use may also violate applicable laws including, without limitation, copyright and trademark laws and applicable communications regulations and statutes. Unless explicitly stated herein, nothing in these Terms of Service shall be construed as conferring any license to intellectual property rights, whether by estoppel, implication or otherwise.

3. No Attorney-Client Relationship

Contacting Clearsun Power by e-mail or through the Site and transmission of information between Clearsun Power and You is not intended to and will not create an attorney-client relationship between Clearsun Power and You.  As a result, You should not transmit any confidential or private information to us as no formal attorney-client relationship has been established.  Clearsun Power does not agree to accept and/or maintain the secrecy of any unsolicited information You send to us. Clearsun Power presumes that You have Your own attorney.  Clearsun Power cannot permit an attorney-client relationship to exist. Even in the absence of a conflict of interest, Clearsun Power, in its sole discretion, may decide not to enter into any business relationship with You.  The information and content contained on the Site is not intended to constitute legal or tax advice, and You should contact an attorney before relying on any such information or content.

4. Information You Submit Through the Site.

Your submission of information through the Site is governed by our Privacy Policy, except for information submitted through links to third parties. Our Privacy Policy is available here. 

5. Prohibited Conduct

You agree to use the Site only for purposes that are legal, proper and in accordance with these Terms and any applicable law, rules or regulations. You may not:

• use the Site in any manner that could damage, disable, overburden, or impair the Site, or interfere with any other party’s use and enjoyment of the Site;
• attempt to gain unauthorized access to the Site or the computer systems or networks for the Site through hacking, password mining or any other means;
• transmit any viruses, worms, defects, Trojan horses, or any items of a destructive nature;
• defame, abuse, harass, stalk, threaten or otherwise violate the legal rights (such as rights of privacy and publicity) of others;
• upload, post, email or transmit, or otherwise make available through the Site any inappropriate, defamatory, infringing, obscene, or unlawful content;
• upload, post, email or transmit, or otherwise make available through the Site any content that infringes any patent, trademark, copyright, trade secret or other proprietary right of any party, unless you are the owner of such rights or have the permission of the owner to post such content;
• upload, post, email or transmit, or otherwise make available through the Site any materials that promote pyramid schemes, chain letters or disruptive commercial messages or advertisements, or anything else prohibited by law;
• run Mail list, Listserv, or any form of auto-responder or “spam” on the Site;
• use manual or automated software, devices, or other processes to “crawl” or “spider” any page of the Site, including to engage in the practices of “screen scraping,” “database scraping” or any other activity with the purpose of obtaining content or other information;
• interfere or attempt to interfere with the proper working of the Site or any activities conducted on the Site, including to utilize framing techniques to enclose any Content or other proprietary information, place pop-up windows over the Site’s pages, or otherwise affect the display of the Site’s pages;
• impersonate another person or entity, or falsify or delete any author attributions, legal or other proper notices or proprietary designations or labels of the origin or source of any materials;
• remove any copyright, trademark or other proprietary rights notices contained in or on the Site;
• use any robot, spider, site search/retrieval application, or other device to retrieve or index any portion of the Site or collect information about its Users for any unauthorized purpose;
• submit content that falsely expresses or implies that such content is sponsored or endorsed by Clearsun Power, any of its affiliates or any third parties;
• use the Site for any illegal or unauthorized purpose (including, without limitation, in violation of any United States federal and state laws or regulations, or equivalent laws or regulations in foreign jurisdictions;
• promote or provide instructional information about illegal activities or promote physical harm or injury against any group or individual;
• use the Site for any commercial purpose whatsoever other than for your personal use.

6. Disclaimers

You understand that the processing and transmission of communications relating to the use of the Site, including your data, may involve transmissions over various networks and changes to conform and adapt to technical requirements of connecting to various networks or devices. Therefore, you agree that Clearsun Power will not be liable for the timeliness, deletion, misdelivery or failure to store any data, information or content transmitted by you through the Site.

CLEARSUN POWER PROVIDES THE SITE AND THE SERVICES ON AN “AS IS” AND “AS AVAILABLE” BASIS WITHOUT ANY WARRANTY OR CONDITION, EXPRESS OR IMPLIED. TO THE FULL EXTENT PERMISSIBLE UNDER APPLICABLE LAW, CLEARSUN POWER SPECIFICALLY DISCLAIMS ALL IMPLIED WARRANTIES INCLUDING, WITHOUT LIMITATION, IMPLIED WARRANTIES OF TITLE, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT.

Clearsun Power makes no representation or warranty that (i) the Site will meet Your expectations or requirements, (ii) the Site will be uninterrupted, current, accurate, secure, complete or error-free, (iii) any results or information that may be obtained from the use of the Site will be accurate, timely, complete or reliable and (iv) any errors in any software used on the Site will be corrected. Operation of the Site may be interfered with by numerous factors outside of Clearsun Power’s control including, but not limited to, telecommunications network disruptions. Clearsun Power is not responsible and will have no liability for any failures of the Internet or any data or telecommunications equipment, system or network used in connection with the Site or the Services.

We undertake no obligation to update, amend or clarify information on the Site, including, without limitation, pricing information, except as required by law.  No specified update to the Site should be taken to indicate that all the information in the Site has been modified or updated.  

While we have endeavored to create a secure and reliable Site, Clearsun Power is not responsible for the security of information transmitted via the Internet, the accuracy of the information contained on the Site, or for the consequences of any reliance on such information.  You must make your own determination as to these matters.  Clearsun Power and its affiliates shall not be liable for damages as a result of any delay or other failure of performance due to causes beyond its reasonable control including, without limitation, acts of God, acts of customer or any of its representatives, acts of military or civil authorities, fire or other casualty, strikes, lockouts, weather, epidemic, war, riot, terrorism, telecommunications interruptions or computer viruses. The Site may be temporarily unavailable from time to time for maintenance or other reasons.  You are solely responsible for the security, confidentiality, integrity and use of all messages and/or content that You transmit to the Site.  

7. Limitation on Liability

IN NO EVENT SHALL CLEARSUN POWER, ITS AFFILIATES OR ITS LICENSORS, TOGETHER WITH THEIR RESPECTIVE EMPLOYEES, AGENTS, DIRECTORS, OFFICERS AND SHAREHOLDERS, BE LIABLE WITH RESPECT TO ANY SUBJECT MATTER OF THIS AGREEMENT (HOWEVER ARISING, INCLUDING NEGLIGENCE) FOR ANY LOST OR CORRUPTED DATA, LOST PROFITS, LOSS OF USE, LOSS OF DATA, LOSS OTHER INTANGIBLES OR ANY SPECIAL, INCIDENTAL, INDIRECT OR CONSEQUENTIAL DAMAGES, EVEN IF CLEARSUN POWER HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. SOME JURISDICTIONS MAY NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE EXCLUSIONS SHALL ONLY APPLY TO THE EXTENT PERMISSIBLE UNDER APPLICABLE LAW.