Terms of use
Terms of Use
Terms of Use — Clear Labs, Inc. These Terms of Use are effective as of May 10, 2016.
Please read these terms and conditions of use carefully before using this website. By using this website, you signify your agreement to these Terms of Use and, as applicable, our Privacy Policy posted at https://www.clearlabs.com/privacy-policy. You also agree that you are at least 18 years old and competent to enter into a legal agreement. If you do not agree to all of these Terms of Use or our Privacy Policy or are not otherwise qualified, you are not permitted to use this website!
1. Who are we? Clear Labs, Inc., analyzes food at a molecular level using advanced genomic technology tools to surface insights about food that go beyond the label, such as hidden additives, trace allergens, unintended ingredients. Our rating system, Clear Score™ is a scientific, third-party rating system that gives you an objective view into the quality and value of the foods and brands you buy. The higher the score, the more accurate the label.
2. Content and Intellectual Property Rights. This website uses Content, e.g. text, information, images, scoring, video and audio, which is owned by Clear Labs, Inc., or under license by a third parties; all of which is protected by U.S. and international copyright laws. You may create a bookmark in your browser to the home page of this website. You may not otherwise download, display, reproduce, modify or create a derivative work of, transmit, sell, distribute or in any way exploit, the Content or link the Content to any other website including scoring unless we first agree in writing. You agree not to use any trademarks, service marks, names, logos or other identifiers of Clear Labs, Inc., without our prior written permission. All rights not expressly granted in these Terms of Use are reserved to Clear Labs, Inc. No other rights or licenses, whether express, implied, arising by estoppel, or otherwise are conveyed or intended by these Terms of Use.
Unauthorized or unapproved use of any Content constitutes copyright infringement which subjects you to civil and criminal penalties under United States and international laws and treaties.
3. Using our website. You are invited to read our online food guides and other content for free, for your non-commercial, personal information and educational use and to “Join Our Beta” – both of which are subject to these Terms of Use and, as applicable, our Privacy Policy posted at https://www.clearlabs.com/privacy-policy. Content may not be used to advertise or promote a company’s products or services or otherwise in a commercial manner without our express written permission.
You agree not to interrupt, or attempt to interrupt, the operation of the website or in any way violate, breach or compromise the security of our website, networks or systems. Any such violation may result in criminal and civil liability.
4. Digital Millennium Copyright Act If you are a copyright owner or an agent of a copyright owner, and you believe that any Content on our website infringes your copyright(s), then you may submit a notification pursuant to the Digital Millennium Copyright Act of 1998 (the “DMCA”) by providing our Designated Copyright Agent with the following information in writing (“Notice”). “Infringement” means the unauthorized or not permitted use of copyrighted material or other intellectual property rights.
A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed. identification of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works at a single online website are covered by a single notification, a representative list of such works at that website. identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled, and information reasonably sufficient to permit BaseHealth to locate the material. information reasonably sufficient to permit BaseHealth to contact the Complainant, such as an address, telephone number, and, if available, an electronic mail address at which the Complainant may be contacted. a statement that the Complainant has a good faith belief that use of the material in the manner complained of is not authorized by the Complainant, its agent, or the law. a statement that the information in the notification is accurate, and under penalty of perjury, that the Complainant is authorized to act on behalf of the owner of an exclusive right that is allegedly infringed. The above information must be including in the Notice and submitted to our Designated Copyright Agent by mail and email to the following addresses:
Clear Labs, Inc.
Attention: DMCA agent
1559 Industrial Road
San Carlos, CA 94070
Telephone: +1-650-257-3304
Email: copyright@clearlabs.com
When we receive a Notice, we will remove the identified material promptly. We will promptly take reasonable steps to inform the user who posted the allegedly infringing material (the “alleged infringer”) of the Notice and subsequent removal. The alleged infringer may then provide us with a counter-notice (“Counter-Notice”) that the initial infringement notice was erroneous. Such Counter-Notice must be in writing and must include:
A physical or electronic signature of the alleged infringer; Identification of the material removed or to which access has been disabled and the location at which the material appeared before it was removed or access to it was disabled; A statement under penalty of perjury that the alleged infringer has a good-faith belief that the material was removed or access to it disabled as a result of error; The alleged infringer’s name, address, and telephone number; and, A statement of consent to jurisdiction in federal district court and that the alleged infringer consents to service of process from the complaining party or its agent. Upon receipt of a Counter-Notice, we will notify you of the Counter-Notice and restore the material within 10 to 14 business days of receipt of the Counter-Notice unless you inform us that you have filed an action seeking a court order to restrain the allegedly infringing party from engaging in infringing activity relating to the material on our Site.
Please note that if you fail to comply with all of the requirements of this section, your DMCA notice may not be valid and any removal requests may not be acted upon. Please also note that under Section 512(f) of the DMCA, any person who knowingly materially misrepresents that material or activity is infringing may be subject to liability.
5. Advertisements and Links to Other Websites This website may contain links to third party websites. These links connect you with other websites which are maintained by other parties over whom Clear Labs, Inc. have no control. These links are provided only as a convenience to you. We do not control and are not responsible for the availability, accuracy, privacy policy or currency of such third party websites, information, content, products or services accessible from such third party sites.
6. Disclaimers THE CONTENT ON THIS WEBSITE ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS WITHOUT ANY WARRANTIES, EXPRESS OR IMPLIED, EXPRESS DISCLAIMING ALL IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE OR NONINFRINGEMENT. WHILE CONTENT MAY DISCLOSE LABEL AND OFF-LABEL VARIANCES OR PROBLEMS WHICH MAY BE PERMITTED BY THE FDA OR OTHER REGULATORY AGENCY OR ENTITY, THE DISCLOSURES ALLOW THE CONSUMERS TO DECIDE WHETHER THE VARIANCE OR PROBLEMS MEET THEIR PERSONAL STANDARDS IN THEIR BUYING DECISION. OPINIONS EXPRESSED IN THE CONTENT ARE BASED ON THE TEST RESULTS OF THE PRODUCTS.
CLEAR LABS, INC., THEIR THIRD PARTY LICENSORS AND THEIR OFFICERS, DIRECTORS, EMPLOYEES, AGENTS AND CONTRACTORS (“PERSONNEL”) DO NOT WARRANT THAT THE CONTENT IS ACCURATE, RELIABLE, CURRENT OR ERROR FREE, THAT ERRORS WILL BE CORRECTED OR THAT THE WEBSITE WILL BE UNINTERRUPTED OR SECURE, FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS.
ADDITIONALLY THERE ARE NO WARRANTIES AS TO RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE CONTENT. RATHER, THE CONTENT PROVIDED IS FOR NON-COMMERCIAL, PERSONAL, ENTERTAINMENT, INFORMATIONAL AND EDUCATIONAL PURPOSES ONLY. YOU ACKNOWLEDGE AND AGREE THAT THE USE OF THIS WEBSITE IS AT YOUR SOLE RISK, CLEAR LABS, INC., AND THEIR PERSONNEL ARE NOT RESPONSIBLE FOR ANY CONTENT OR YOUR DECISION TO PURCHASE OR NOT ANY PRODUCTS OR SERVICES REFERENCED OR REFERRED TO ON THE WEBSITE.
7. Limitation of Liability. USE OF THE CONTENT AND WEBSITE ARE AT YOUR OWN RISK. YOU ASSUME FULL RESPONSIBILITY AND RISK OF LOSS RESULTING FROM YOUR USE OF CONTENT ACCESSED THROUGH OR OBTAINED BY MEANS OF THE WEBSITE.
UNDER NO CIRCUMSTANCES SHALL CLEAR LABS, INC., ITS THIRD PARTY LICENSORS OR PERSONNEL OR ANY THIRD-PARTY PROVIDER OF TELECOMMUNICATIONS OR NETWORK SERVICES, WEBSITE SOFTWARE OR WEBSITE CONTENT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, PUNITIVE, SPECIAL, OR CONSEQUENTIAL DAMAGES (INCLUDING BUT NOT LIMITED TO DAMAGES FOR PERSONAL INJURY AND/OR DEATH, LOST REVENUES OR PROFITS, LOSS OF BUSINESS OR LOSS OF DATA) THAT ARE DIRECTLY OR INDIRECTLY RELATED TO YOUR USE OF OR INABILITY TO USE THE WEBSITE OR CONTENT EVEN IF YOU HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, REGARDLESS OF WHETHER SUCH LIABILITY IS BASED IN TORT (INCLUDING NEGLIGENCE), CONTRACT OR ANY OTHER LEGAL OR EQUITABLE THEORY.
THE TOTAL LIABILITY OF CLEAR LABS, INC., ITS THIRD PARTY LICENSORS OR PERSONNEL IS LIMITED TO $1,000.00. YOU HEREBY RELEASE CLEAR LABS, ITS THIRD PARTY LICENSORS AND PERSONNEL FROM ANY AND ALL OBLIGATIONS, LIABILITIES AND CLAIMS IN EXCESS OF THIS LIMITATION.
SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR THESE KINDS OF DAMAGES, SO THE ABOVE LIMITATIONS OR EXCLUSIONS MAY NOT APPLY TO YOU.
8. Foreign Access or Use. Although we operate internationally, Clear Labs, Inc., is a corporation organized under the laws of the State of Delaware. The servers that host this website are located in the United States, and any personal information you provide to us will be processed by Clear Labs, Inc. in the United States.
9. Indemnification You agree to defend, indemnify and hold Clear Labs, Inc., harmless against any losses, expenses, costs or damages (including its reasonable attorneys’ fees, expert fees and other reasonable costs of litigation) arising from, incurred as a result of, or in any manner related to your negligence, breach of these Terms of Use or violation of any applicable law including, by way of example, export/import and privacy laws and regulations.
10. Termination Your right to access and use the website and Content immediately terminates without further notice upon your breach of these Terms of Use. Clear Labs may suspend or terminate your right to use the website or Content at any time, with or without cause. Clear Labs reserves the right to discontinue or make changes to the Site at any time.
11. General This Agreement constitutes the entire agreement between you and Clear Labs, Inc. with respect to the website and Content and supersedes all prior agreements between us regarding its subject matter. Our failure to enforce any provision of this Terms of Use shall not be construed as a waiver of any provision or right. Interpretation and enforcement of these Terms of Use is governed by the laws of the state of California (excluding its choice of law rules) and venue lies exclusively in San Mateo County, California. In the event that any portion of these Terms of Use is held unenforceable, the unenforceable portion shall be construed in accordance with applicable law as nearly as possible to reflect the original intentions of the parties, and the remainder of the provisions shall remain in full force and effect. All claims must be brought within 1 year from the date on which any cause of action accrued. Prior to instituting litigation, you will notify us in advance and submit any such claim to mediation.
12. English Language: The English version of this Privacy Policy governs. All disputes, claims and causes of action (and related proceedings) will be communicated in English.
13. Changes to Our Terms of Use We reserve the right to amend these Terms of Use at any time and without notice. If we do this, we will post the amended Terms of Use on this page and indicate at the top of the page the date these Terms of Use were last revised. Your continued use of the website or Content after any such changes constitutes your acceptance of the new Terms of Use. If you do not agree with these Terms of Use, currently or as amended, do not use or access (or continue to access) the website or discontinue immediately any use.
Contact Us If you have any questions about these Terms of Use, the practices of this website, or your dealings with this website, including any bugs or actual or potential threats to the security of our website and protection of your personally identifiable information please contact us at inquiries@clearlabs.com or at 1559 Industrial Road, San Carlos, CA 94070 and Telephone Number: +1-650-257-3304