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Clear Imaging Service Terms Welcome to the ClearImaging.com web site (the "Site"). By accessing this web site and/or engaging with Clear Imaging, Inc., for services rendered, you agree to be bound by the Service Terms and Conditions listed below (the "Service Terms"). If you do not agree to all of the Service Terms, please do not use this web site or do not engage Clear Imaging, Inc., to provide you with any service or product. Below is a list of our Service Terms and Conditions that you agree to be bound by. By checking the box "I Agree to Service Terms and Conditions" and clicking the "Continue" button on this page below to submit your order, constitutes your full agreement to these Service Terms and Conditions. 1. Service Promotion You hereby acknowledge and understand that you are engaging into this Service Terms and Conditions agreement for the designing, building, hosting and ongoing maintenance of your web site, which has been promoted to you via this ClearImaging.com web site, or by an authorized representative of Clear Imaging. Clear Imaging will be the primary developer of your web site, and will be responsible for the initiation, fulfillment, maintenance and billing charges pertaining to your web site. 2. Web Site Services You understand and accept that Clear Imaging will design and deploy your web site along with minor web site updates that are included as part of your monthly fee, which includes but is not limited to; web site hosting, e-mail hosting, server storage and bandwidth. Major web site updates, such as a complete web site re-design, major navigational changes, database driven applications or e-commerce integration, among others, will require additional charges based on the complexity and time needed to accomplish them, which will be determined by Clear Imaging in a Web Scope Outline, upon request. You also agree to submit all web site updates via the Clear Imaging Ticket System, as opposed to submitting updates by phone or email, unless duly authorized by Clear Imaging. 3. Billing Terms You understand and accept that your recurring monthly web site payments will be automatically charged by Clear Imaging via Credit Card or Electronic Check, depending on your preferred method of payment. You authorize Clear Imaging, Inc., to charge your credit card or debit card for first and last month's payment (2 months) upon the commencement of your web site project. Generally, this first charge occurs on the current month if the sign up date is between the 1st to the 25th day of the current month. If you sign up after the 25th day of the month, your first and last month's payment will roll over to the next month on the 15th day. Customers who pay via check will be invoiced either on a monthly or annual basis. Failure to make a payment may result in the deactivation of your web site and maintenance services. All charges are non refundable unless expressly authorized by Clear Imaging. In the event of a billing dispute, whereby Clear Imaging does not agree to, or authorize a refund, you agree not to run a chargeback via your bank or credit card provider under any circumstances. 4. Web Site Leads You understand and accept that all web site leads that are submitted by visitors from your web site forms will be automatically emailed to your email address that we have on file. We can also send these leads to multiple email addresses, if required. However, due to varying degrees of spam filters and security software used by various third party email providers such as Google, Yahoo, MSN, AOL, SBC, etc., we cannot guarantee the delivery of web site leads to your inbox. We will run an initial test of your web site forms to ensure that email delivery is successful to your email address but will not be held liable in the event that such web site leads are not successfully delivered to your email address. Therefore, we encourage you to test your web site lead forms periodically to ensure delivery. 5. Web Site Email Accounts You understand and accept that any email accounts created and hosted by Clear Imaging for your web site domain name will be automatically downloaded to your choice of email application. We will issue you a secure password for each email address. Due to varying degrees of spam filters and security software used by various email applications such as Outlook, GMail, MAC Mail, MS Exchange, etc., we cannot guarantee the delivery of emails to your email application and will not be held liable in the event that such emails are not successfully delivered to your email application. Therefore, we encourage you to test your email addresses periodically. While we take great measures to prevent spam and viruses on all our servers, we will not be held liable in the event that your email addresses receive spam or viruses that adversely affect your computer, mobile devices, or your personal privacy, in any way. 6. Ownership Terms You understand and accept that the Clear Imaging Web Site Plans are based on ongoing payments over a 3-5 year period (depending on the plan you choose - see our "Comparison Chart"), at which point you will then own the web site outright, including all copyrighted materials and contents. You will have the option to discontinue services at that time, or choose to continue our services on a month-to-month basis at a reduced monthly rate (to be determined by Clear Imaging). However, if we provide you with a complete new web site redesign and rebuild at no extra cost, at any stage within this initial 3-5 year period, the service terms will restart for an additional 30-60 month period, which will be determined by Clear Imaging depending on your web site plan. Since Clear Imaging does not charge an "Up-Front" cost for your web site, you understand and accept that your ongoing monthly payments will be used primarily to pay for your web site and maintenance over a 3-5 year period), which includes web site design, programming, minor site updates, basic search engine optimization and print design services, based on your web site plan. In the event that Clear Imaging does charge an "Up-Front" cost for your web site, it will go towards the 3-5 year service term. 7. Minimum Commitment Since Clear Imaging is essentially funding the initial development of your web site, you understand and accept that you will not be able to cancel your web site and payment schedule within the first 12 months of your initial web site "Billing Date". Otherwise you will be liable to pay the balance of the remaining 12-month payment schedule in full. You also agree that you will not request any refunds or engage in electronic charge-backs after you have been charged, regardless of the reason, whatsoever. 8. Intellectual Property Terms You understand and accept that if you do cancel your web site and payment within 3-5 years (depending on the plan you choose - see our "Comparison Chart"), from the first payment date, you will not be able to take ownership of the web site design or any of it's copyrighted contents or intellectual property. The only option would be for you to pay the remaining balance of the 3-5 years service term, before we would release the copyrighted materials and complete web site contents to you in full. 9. Web Site FTP Access You understand and accept that due to strict security measures and copyright protection, we will not provide you with FTP access to your web site, or any third party, until the end of your 3-5 year payment period (depending on the plan you choose - see our "Comparison Chart"), unless written authorization of such has been granted by Clear Imaging. If however, FTP access has been granted, you agree and accept that the copyrighted web site content in it's entirety may not be copied and/or moved to another web host or third party provider within the 3-5 year service term. Violators will be held liable for compensation of the entire amount of the remaining balance of the 3-5 year service term. 10. Domain Name Ownership You understand and accept that if you do cancel your web site and payment within 3-5 years of your first payment date, you will not be able to take ownership of the web site domain name if it was registered by Clear Imaging, unless you registered it yourself via a third party registrar. If Clear Imaging did register your domain name on your behalf, you would have to pay a $100 domain name transfer fee before we release the domain name to you. 11. Service Termination You understand and accept that Clear Imaging retains the right to terminate the relationship and your web site immediately, if it so deems necessary under any circumstances without any written notice or explanation. You also retain the right to terminate the relationship and your web site, under any circumstances via 30 Calendar days written notice and within the confines stated of the "Ownership Terms", "Minimum Commitment" and "Intellectual Property Terms", mentioned above. 12. Service Terms Changes Clear Imaging, Inc., may from time to time modify or revise the Service Terms by updating this Web page. Your use of our Site following any such change constitutes your agreement to follow and be bound by the Service Terms as changed. If any change is unacceptable to you, your only recourse is to terminate your use of this Site, your web site or any other product or service being rendered. Disclaimer This site, its contents, and all information, products, and services contained in or offered through this site are provided on an "as is" and "as available" basis without representations or warranties of any kind. Clear Imaging, Inc., expressly disclaims all such representations and warranties, either express or implied, including, without limitation, warranties of title, merchantability, fitness for a particular purpose, or non-infringement and any implied warranties arising from course of dealing or course of performance. Clear Imaging, Inc., does not warrant that this site or its contents will be complete, accurate, uninterrupted, secure, or error free or that the site or the server that makes it available are free of viruses or other harmful components. All information is subject to change without notice. Indemnification You agree to defend, indemnify, and hold Clear Imaging, Inc., harmless from and against any and all claims, losses, damages, liabilities, costs, and expenses, including attorneys' fees, arising from or related to your (i) use of the Site or (ii) violation of any of these Terms. Limitation of Liability In no event shall Clear Imaging, Inc., be liable for any direct, indirect, consequential, special, or incidental damages arising out of or related to your use of or inability to use this site or goods or services purchased or obtained through this site, whether in an action under contract, negligence, or any other theory, even if Clear Imaging, Inc., has been advised of the possibility of such damages. Clear Imaging, Inc., total liability for any claim arising from or related to your use of this Site shall not exceed one hundred dollars (US $100). Miscellaneous These Terms are governed by and shall be construed in accordance with the laws of the State of Nevada without giving effect to any principles of conflicts of law. If any provision of these Terms shall be unlawful, void, or for any reason unenforceable, then that provision shall be deemed severable from these Terms and shall not affect the validity and enforceability of any remaining provisions. These Terms are effective unless and until terminated by Clear Imaging, Inc. We recommend you print a copy of these existing Service Terms and Conditions by clicking the link, provided to the right side of this box. Clear Imaging, Inc. 711 S. Carson St. Carson City NV 89701 Phone: 800-380-6942
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