Legal Terms


BACKGROUND

This is the official privacy policy and statement of California privacy rights ("Privacy Policy") of CLRS Technology, Inc. ("CLRS" or "us") and related websites (collectively, the "CLRS WEBSITE", or "Website") and is part of and subject to the terms of use for THE CLRS WEBSITE (the "Terms of Use" or "Agreement"), which can also be found at THE CLRS WEBSITE. Any terms that are not defined in this Privacy Policy shall have such meanings as are set forth in the Terms of Use. By using THE CLRS WEBSITE or any of the updates and by providing information through or at THE CLRS WEBSITE, you acknowledge that you have read and understood this Privacy Policy and agree to be bound by its terms and conditions. If you do not agree to the terms and conditions of this Privacy Policy, do not use THE CLRS WEBSITE, or provide any information through or at THE CLRS WEBSITE.

This Privacy Policy is intended to apply only to the Personal Information collected by CLRS as a result of your use of THE CLRS WEBSITE and does not cover any information collected in any other manner, for any other purpose or by any other web site or enterprise. For purposes herein, when we refer to "Personal Information," we mean information such as your name, address, telephone number, blog or other personal website URL, date of birth, e-mail address and any other information that would allow someone to identify you or contact you. Personal Information also includes information about your personal preferences, survey responses and your transactions or relationship with THE CLRS WEBSITE, if you have been a user or you have provided this type of information to CLRS. Your provision of such Personal Information may enable you to participate in beta tests, contests, promotions, trial offers, chat rooms, on bulletin boards, to receive text messages and/or emails, to subscribe to newsletters or mailing lists, or to purchase products, content and services using THE CLRS WEBSITE.

CLRS reserves the right, without advance notice to you, to revise this Privacy Policy at any time by posting the revisions and/or the revised Privacy Policy on THE CLRS WEBSITE. Such revisions shall be effective to you immediately upon posting. CLRS encourages you to check this Privacy Policy and our Terms of Use often for updates. CLRS may also e-mail you about any changes to this Privacy Policy when they have been made. Keeping the Personal Information you share with us on THE CLRS WEBSITE secure and ensuring your understanding of how CLRS collects, uses, discloses and maintains your Personal Information is important to CLRS. CLRS endeavors to maintain reasonable physical, electronic and procedural safeguards to protect your Personal Information.

RESTRICTED ACCESS

THE CLRS WEBSITE is offered and made available only to users 13 years of age or older and if you are not yet 13 years old, or your use of THE CLRS WEBSITE is prohibited or restricted in any way by the laws, regulations or other governmental requirements of the jurisdiction in which you live or reside, or if, for any reason and at any time, you do not agree with all of the terms and conditions of our Terms of Use, please discontinue using THE CLRS WEBSITE immediately because by using or attempting to use THE CLRS WEBSITE, you are certifying that you are at least 13 years of age and meet all other eligibility requirements for your use of THE CLRS WEBSITE.

In the event that CLRS or our affiliates unknowingly send an e-mail or other message to a child (a person under the age of 13 years) who has improperly registered with THE CLRS WEBSITE, the child or the child's parent or legal guardian always have the right to unsubscribe (opt-out) from receiving future e-mails or text messages using the opt-out (e.g., unsubscribe) mechanism contained in the e-mail or message, or to request termination of the child's registration and status as a registered user with THE CLRS WEBSITE.

GENERAL PRIVACY INFORMATION

THE CLRS WEBSITE is designed and targeted to United States ("U.S.") audiences and is governed by and operated in accordance with the laws of the "United States." CLRS makes no representation that THE CLRS WEBSITE is operated in accordance with the laws or regulations or is governed by other nations. If you are located in the European Union or elsewhere outside of the U.S. and you use THE CLRS WEBSITE, you do so at your own risk and initiative and you are responsible for compliance with all of the laws and regulations that apply to you. Please be aware that any Personal Information you provide to CLRS or CLRS obtains as a result of your use of THE CLRS WEBSITE, will be transferred to the U.S and subject to U.S. law. By using THE CLRS WEBSITE, participating in any CLRS WEBSITE activities and/or providing CLRS with your Personal Information, you consent to the transfer and processing of Personal Information to the U.S. and in other countries that may not have an equivalent level of protection or a level of data protection considered adequate in the European Union or European Economic Area. Consequently, you hereby waive any claims that may arise under the laws and regulations that apply to you in or of any other country or jurisdiction.

All users of THE CLRS WEBSITE are required to provide true, current, complete and accurate Personal Information when prompted and CLRS will reject and delete any entry that CLRS believes in good faith to be false, fraudulent, or inconsistent with this Privacy Policy.

Your continued participation on THE CLRS WEBSITE indicates your acceptance of this Privacy Policy and of the collection, use, disclosure, management and storage of your Personal Information as described below. CLRS may, from time to time, transfer or merge any Personal Information collected off-line to online databases or store off-line information in an electronic format. CLRS may also combine Personal Information CLRS collects online with information available from other sources, including information received from our affiliates, marketing companies, or advertisers. This Privacy Policy covers all such Personal Information and will remain in full force and effect until terminated in accordance with paragraph 11 of the Terms of Use, even if your use of or participation in any particular service, feature, function or promotional activity terminates, expires, ceases, is suspended or deactivated for any reason.

If you provide personal information to us with respect to potential employment opportunities with CLRS, such as your resume, CLRS will treat such personal information as confidential and use it only to consider you for current and future employment opportunities and to contact you with respect to employment with us or CLRS' Affiliates. An "Affiliate" is a person or entity that directly or indirectly through one or more intermediaries, controls or is controlled by, or is under common control with CLRS. We may retain your information for further recruitment opportunities that may arise, unless you tell us that you no longer wish for us to retain your information.

CALIFORNIA PRIVACY RIGHTS

A California resident who has provided Personal Information to a business with whom he/she has established a business relationship for personal, family, or household purpose is entitled to request information about whether the business has disclosed Personal Information to any third parties for the third parties' direct marketing purposes. In general, if the business has made such a disclosure of Personal Information, upon receipt of a request by a user, the business is required to provide a list of all third parties to whom Personal Information was disclosed in the preceding calendar year, as well as a list of the categories of Personal Information that were disclosed.

However, under the law, a business is not required to provide the above-described lists if the business maintains and adopts and discloses to the public (in its privacy policy) a policy of not disclosing customer's Personal Information to third parties for their direct marketing purposes unless (1) the customer first affirmatively agrees to the disclosure or (2) the customer refrains from exercising an option that prevents the disclosure. Rather, the business may comply with the law by notifying the customer of his or her right to prevent disclosure of Personal Information and providing a cost free means to exercise that right. As stated in this Privacy Policy, CLRS does not share Personal information with third parties for their direct marketing purposes unless you agree to such disclosure -- either by opting in to receive information from such a third party, or choosing not to opt-out from receiving such information. To prevent disclosure of your Personal Information for use in direct marketing by a third party, do not opt-in to such use when you provide personally identifiable information on one of our sites, or, if applicable, opt-out from such use. Please note that whenever you opt-in to receive future communications from a third party or refrain from opting out from such sharing, your Personal Information will be subject to the third party's privacy policy. If you later decide that you do not want that third party to use your information, you will need to contact the third party directly, as we have no control over how third parties use Personal Information. You should always review the privacy policy of any party that collects your information to determine how that entity will handle your information.

If you are a California resident and request information about how to exercise your third party disclosure choices you may send an e-mail to info@clrstechnology.com, or you may contact us by regular mail at: CLRS, Attention: President, 3183 A-1 Airway Avenue, Costa Mesa, California 92626.

All requests sent via postal mail must be labeled "Your California Privacy Rights" on the envelope or post card and clearly stated on the actual request. For all requests, please include your name, street address, city, state, and zip code. (Your street address is optional if you wish to receive a response to your request via e-mail. Please include your zip code for our own recordkeeping.) CLRS will not accept requests via the telephone or by facsimile. CLRS is not responsible for notices that are not labeled or not sent properly or do not have complete information.

To all users of THE CLRS WEBSITE, if you have questions about this Privacy Policy, please send an e-mail to info@clrstechnology.com, or you may contact us by regular mail at: CLRS, Attention: President, 3183 A-1 Airway Avenue, Costa Mesa, California 92626.

COLLECTION AND USE OF PERSONAL INFORMATION

CLRS collects Personal Information about you when you visit THE CLRS WEBSITE and when you input information, whether you are registering to use any services, features or functions of THE CLRS WEBSITE, participating in promotions, or in the course of any other exchanges of information, transactions and activities. CLRS may use the information CLRS obtains from you, including Personal Information, to tailor your experience on THE CLRS WEBSITE, to display Content CLRS thinks may be of interest to you, or to let CLRS customize what you see when you visit THE CLRS WEBSITE according to your preferences.

It is your responsibility to give CLRS current, complete, truthful and accurate information and to keep the Personal Information that you provide to CLRS up to date. CLRS cannot and will not be responsible for any problems or liability that may arise if you do not give CLRS accurate, truthful or complete information or you fail to update the information you give CLRS.

You are solely responsible for maintaining the strict confidentiality of your user name and password and for any charges, costs, expenses, damages, liabilities and losses we incur or may suffer as a result of your failure to do so. You are solely responsible and liable for your activity, behavior, use and conduct on THE CLRS WEBSITE and for any use of the website or any other activity or conduct in connection with THE CLRS WEBSITE, by any others who use your user name or password, unless and until you notify CLRS that your user name or password may have been compromised, misappropriated or improperly taken, or used by another party. Bear in mind that when you submit information to CLRS, it does not guarantee that CLRS will permit you to use any or all of the features of functions of THE CLRS WEBSITE.

As CLRS continues to develop our business, CLRS might sell certain business assets. In such transactions, User information, including personal information, may be one of the transferred business assets. By submitting your personal information on the Site you hereby acknowledge, agree, conform and ratify that your User Information may be transferred under such circumstances, including to a third party acquiror.

CONTESTS AND SWEEPSTAKES

Registration may be required to enter promotions such as contests and sweepstakes (collectively, "Promotions") on THE CLRS WEBSITE. These may have a separate registration or entry process and may require your submission of Personal Information. The entry page and/or Rules will provide the specific requirements for the Promotion involved. You may also have the opportunity to opt-in to special offers from our advertisers in connection with many of these types of Promotions.

PROMOTIONS AND OFFERS

CLRS may contact THE CLRS WEBSITE users or others that have registered for or participated in various CLRS WEBSITE Promotions, transactions or events, or send offers for the purchase of goods and/or services that may of interest to users. You can also use the opt-out mechanism that is contained in the e-mails CLRS sends you. However, CLRS may continue to contact you via e-mail for administrative or informational purposes, including follow-up messages regarding any services, features or functions you have enrolled or registered to use, any Promotions you have participated in or have entered, goods or services you have ordered or other transactions you have undertaken with THE CLRS WEBSITE.

POLLS & SURVEYS

CLRS may from time to time request that you participate in polls and/or surveys. The information you provide to CLRS if you participate in such polls or surveys is provided voluntarily by you. If you participate in polls or surveys, you do so with the understanding that CLRS reserves the right to store the information you provide and to use such information for the general improvement of THE CLRS WEBSITE.

SHARING OF AGGREGATE INFORMATION WITH THIRD PARTIES

Some of the aggregate data CLRS collects in connection with THE CLRS WEBSITE may be shared with advertisers and other business partners of CLRS and/or its affiliates, but CLRS does not give any Personal Information to them as part of the relationship except as described in this Privacy Policy. Use of their tracking technology is subject to their own privacy policies.

COOKIES

When you visit THE CLRS WEBSITE, CLRS may send one or more cookies - a small text file containing a string of alphanumeric characters - to your computer that uniquely identifies your browser. CLRS uses 'cookie' technology to collect data regarding your visits to THE CLRS WEBSITE. This data is stored in aggregate form and is not used to identify any particular user or individual. CLRS uses cookies and similar tracking technologies in a variety of ways. CLRS uses both session cookies and persistent cookies. A persistent cookie remains after you close your browser. Persistent cookies may be used by your browser on subsequent visits to the site. Persistent cookies can be removed by following your web browser help file directions. A session cookie is temporary and disappears after you close your browser. You can reset your web browser to refuse all cookies or to indicate when a cookie is being sent. However, some features of THE CLRS WEBSITE may not function properly if the ability to accept cookies is disabled.

LOG FILE INFORMATION

When you use The CLRS WEBSITE, our servers automatically record certain information that your web browser sends whenever you visit any website. These server logs may include information such as your web request, Internet Protocol ("IP") address, browser type, browser language, referring / exit pages and URLs, platform type, number of clicks, domain names, landing pages, pages viewed and the order of those pages, the amount of time spent on particular pages, the date and time of your request, and one or more cookies that may uniquely identify your browser.

WEB BEACONS

When you use The CLRS WEBSITE, we may employ "clear GIFs" (a.k.a. Web Beacons) which are used to track the online usage patterns of our Users anonymously (i.e., in a non-personally-identifiable manner). In addition, we may also use clear GIFs in HTML-based emails sent to our users to track which emails are opened by recipients.

Although CLRS may track the numbers of visitors to inform CLRS on how best to improve and update THE CLRS WEBSITE and enhance the experience for all visitors, Personal Information is not extracted in this process. CLRS uses tracking information on an aggregated basis to help CLRS operate THE CLRS WEBSITE, enhance and improve CLRS' service, improve the look of THE CLRS WEBSITE and display advertising and marketing information.

ADVERTISEMENTS/LINKS

THE CLRS WEBSITE may contain advertisements, references and links to other websites and organizations. CLRS may also use third parties to display or serve advertising on THE CLRS WEBSITE and web-based newsletters or other communications which you may choose to receive. Often these third party advertisers employ cookie and web bug technologies to measure advertising effectiveness. You should be aware that different rules might apply to the collection, use or disclosure of your information by third parties in connection with their advertisements, promotions and other websites you encounter on the Internet. The use of such technology by these third parties is within their control and not in the control of CLRS. Even if CLRS has a relationship with the third party, CLRS does not control their sites or their policies and practices regarding your Personal Information. This Privacy Policy does not cover any use of Personal Information that an Advertiser or ad server may collect from you. CLRS encourages you to investigate and ask questions directly of them in this regard.

DISCLOSURE TO THIRD PARTIES
CLRS does not sell, rent, lease or disclose your Personal Information to unaffiliated entities or entities that are not our advertisers, except in the limited circumstances listed below. When CLRS plans to disclose your Personal Information to advertisers, CLRS will ask you to opt-in to do so, in which case their use of your information is subject to the advertisers' own privacy policies. CLRS may disclose Personal Information to affiliates for marketing or administrative purposes.

OPERATIONAL SERVICE PROVIDERS
CLRS retains the right to disclose your Personal Information to third parties for the purpose of administering and maintaining THE CLRS WEBSITE services, features, functions and operations. CLRS will refer to these third parties as "operational service providers" and CLRS uses operational service providers to efficiently provide the full range of Content and the services, features and functions we bring you and we request that our operational service providers also protect your privacy and not disclose your Personal Information to third party marketers that are not associated with THE CLRS WEBSITE. Additionally, such operational service providers are not permitted to use your Personal Information for their own marketing or promotional purposes.

OTHER NON-AFFILIATED THIRD PARTIES
CLRS will make your Personal Information available to non-affiliated third parties in the following limited circumstances:
  . When CLRS is compelled to do so by a governmental agency, court or other entity (e.g., to respond to subpoenas, court orders or legal process);   . If CLRS believes your actions violate any law, regulation, our Agreement, this Privacy Policy, or any of our other terms and conditions, rules, offerings or any other services, features or functions of THE CLRS WEBSITE, or if you threaten the rights, property or safety of THE CLRS WEBSITE, its affiliates, or any of its or their service providers, suppliers, advertisers, customers, users, registered users or any other party;   . If, in its sole discretion, CLRS believes such disclosure to be necessary or appropriate to investigate or resolve possible problems or inquiries, to protect CLRS 's business and assets, to defend CLRS' interests and/or to comply with our legal and regulatory obligations;   . Or, in the event of a bankruptcy, merger, acquisition, transfer of control, joint venture or other business combination involving CLRS.

SECURITY & PROTECTION OF PERSONAL INFORMATION

CLRS maintains reasonable standards of security and confidentiality. However, for most Internet sites, it is possible that third parties may unlawfully intercept or access transmissions or private communications over an unsecured transmission. CLRS also limits access to THE CLRS WEBSITE by our own employees to those individuals who are authorized for the proper handling of such information and any employee found violating our standards of security and confidentiality will be subject to our disciplinary processes. CLRS requests that our service providers follow the same policy.

REVIEW, UPDATE OR DELETE YOUR PERSONAL INFORMATION
Generally, you may review, update or delete your Personal Information collected by THE CLRS WEBSITE. You may also correct factual inaccuracies. However, Personal Information that is necessary to check eligibility cannot be deleted, but can be modified with sufficient verification of the correct information. Deletion or attempted deletion of certain Personal Information, such as your user name, may not be permitted and/or may result in suspension or termination of any registration you may have made. To review, update or delete your Personal Information collected by THE CLRS WEBSITE, please go to your account page from either the CLRS.com home page or any of the links to edit your preferences or the information associated with your account on THE CLRS WEBSITE.

If you wish to review Personal Information collected for Promotions such as contests and sweepstakes, you will need to send an e-mail to info@clrstechnology.com, or you may contact us by regular mail at: CLRS, Attention: President, 3183 A-1 Airway Avenue, Costa Mesa, CA 92626. Personal Information collected for certain Promotions, such as contests or sweepstakes entries are subject to corporate and regulatory recordkeeping requirements and will not be deleted upon the user's request unless the entrant is a child under the age of 13 years old.

Parents (including legal guardians) of children that registered on THE CLRS WEBSITE in violation of the Terms of Use who wish to terminate their child's registration must send us an e-mail at info@clrstechnology.com and provide us with their child's User ID or alternatively, a parent must provide verifiable identification that they are the parent of the ineligible child. Children under the age of 13 that are unknowingly registered on THE CLRS WEBSITE are in violation of our Terms of Use. CLRS will not allow direct access to a user's registration and Personal Information by any person without the user's User ID (Please see above for how to change your preferences or the information associated with your account). If a parent does not have his or her child's User ID, the parent will be required to send an e-mail to info@clrstechnology.com, or you may contact us by regular mail at: CLRS, Attention: President, 3183 A-1 Airway Avenue, Costa Mesa, CA 92626. Note, you must include the parent's name, address, telephone and e-mail address, in addition to the child's name and e-mail address associated with the child's User ID registered on THE CLRS WEBSITE, plus the child's date of birth. CLRS will send a confirming e-mail to the parent via the e-mail address provided to verify that the parent wishes to terminate his or her child's registration. The parent must then confirm by sending a reply e-mail to the designated return address. CLRS will then terminate the child's account but will notify the child of the termination request via e-mail and will identify the name, address and e-mail address of the person making the request.

RESERVATION OF RIGHTS

CLRS reserves the right to deny access, use and registration privileges to any user, including, without limitation, a user of any services, features or functions of THE CLRS WEBSITE, if CLRS believes there is a question about the identity of the person trying to access any services, features or functions of THE CLRS WEBSITE. If the burden or expense of providing access to your Personal Information is disproportionate to the risks to your privacy, or if the legitimate rights of others would be violated, we may decide not to provide access to such information. In such cases, CLRS will provide to you an explanation of why access cannot be provided and a contact person for further inquiries.

QUESTIONS
If you have questions about this Privacy Policy or if you do not understand any information about how CLRS collects, maintains, uses or shares your personally identifiable information, you may email CLRS at: info@clrstechnology.com, or you may contact CLRS by regular mail at: CLRS, Attention: President, 3183 A-1 Airway Avenue, Costa Mesa, CA 92626.

Effective Date: October 22, 2008

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TERMS OF USE

USER ACCEPTANCE

By using or visiting this website owned and operated by CLRS Technology, Inc. ("CLRS" or "us") located at the URL: www.clrstechnology.com (collectively, including all Content available through the clrstechnology.com domain name and/or other related domain names which may point or direct a User to this website, collectively, the "THE CLRS WEBSITE", or "Website"), you signify your assent to both these terms and conditions (the "Terms of Use" or "Agreement") and the terms and conditions of CLRS' Privacy Policy, which is published at THE CLRS WEBSITE and which is incorporated herein by reference. If you do not agree to any of these terms, then please do not use THE CLRS WEBSITE.

Further, THE CLRS WEBSITE is offered and made available only to Users 13 years of age or older and if you are not yet 13 years old, your use of THE CLRS WEBSITE is prohibited or restricted by the laws, regulations or other governmental requirements of the jurisdiction in which you live or reside, or if, for any reason and at any time, you do not agree with all of the terms and conditions contained in these Terms of Use, please discontinue using THE CLRS WEBSITE immediately because by using or attempting to use THE CLRS WEBSITE, you are expressly certifying that you are at least 13 years of age and meet all other eligibility requirements for your use of THE CLRS WEBSITE.

By using THE CLRS WEBSITE, you understand, acknowledge and agree that you will abide by the terms and conditions of the Agreement between CLRS and you. When we use the term "Agreement" we mean and are referring to these Terms of Use, as well as any additional terms and conditions that apply to and govern your Postings and use of Communities and Content (all as defined below), any features, functions and services we make available to you from time to time through our Website, any official rules which apply to your participation in promotions, contests, sweepstakes, award programs, memberships, e-mail and/or newsletters ("Rules") and any additional terms and conditions referred to in any of the foregoing documents. These Terms of Use and our use of the term "Agreement" also includes our Privacy Policy. All of these are hereby incorporated into our Agreement with you by this reference and this Agreement will remain in full force and effect until terminated in accordance with paragraph 11 of this Agreement or as long as you are a User of THE CLRS WEBSITE, even if your use of or participation in any particular service, feature, function or promotional activity terminates, expires, ceases, is suspended or deactivated for any reason.

The words "use" or "using" in this Agreement, means any time an individual (a "User"), directly or indirectly, with or without the aid of a machine or device, does or attempts to access, interact with, use, display, view, print or copy from THE CLRS WEBSITE, transmit, receive or exchange data or communicate with THE CLRS WEBSITE, or in any way utilizes, benefits, takes advantage of or interacts with any function, service or feature of THE CLRS WEBSITE. This Agreement does not cover your rights or responsibilities with respect to third party content or any web sites or links that may direct your browser or your connection to third party web sites or web pages.

MODIFICATIONS

We reserve the right, at any time and from time to time, for any reason in our sole discretion, to change the terms of this Agreement. We will post or display notices of material changes on THE CLRS WEBSITE and we may also e-mail you about these changes. Once we post them on THE CLRS WEBSITE, these changes become effective immediately and if you use THE CLRS WEBSITE after they become effective it will signify your agreement to be bound by the changes. You should check back frequently and review the terms and conditions of this Agreement regularly so you are aware of the most current rights and obligations that apply to you and the terms and conditions of your agreement with us. CLRS also reserves the right to change, modify, withdraw, suspend or even permanently discontinue all or any portions of THE CLRS WEBSITE at any time, without any liability or obligation to you, with or without notice.

PRIVACY

CLRS respects your privacy and the use and protection of your non-public and personally identifiable information ("Personal Information"). Please see our Privacy Policy for important information and disclosures relating to the collection and use of your Personal Information in connection with your use of CLRS WEBSITE. If you have any questions regarding CLRS' Privacy Policy, you may send your question to us by e-mail to info@clrstechnology.com or by U.S. mail to CLRS, Attention: President, 3183 A-1 Airway Avenue, Costa Mesa, CA 92626.

THE CLRS WEBSITE AND HYPERLINKS TO THE WEBSITES OF THIRD PARTIES

These Terms of Use apply to all Users of THE CLRS WEBSITE, including Users who are also contributors of other materials or services on the Website. THE CLRS WEBSITE may contain links to third party websites that are not owned or controlled by CLRS. CLRS has no control over, and assumes no responsibility for, the content, privacy policies, or practices of any third party websites. The appearance, availability, or your use of URLs or hyperlinks referenced or included anywhere on THE CLRS WEBSITE or any other form of link or re-direction of your connection to, with or through THE CLRS WEBSITE, does not constitute an endorsement by, nor does it incur any obligation, responsibility or liability on the part of CLRS, its partners, licensees, parents, subsidiaries, affiliates, assigns, related companies and successors and all of their respective offices, directors, employees, representatives, licensors, suppliers, service providers, successors and permitted assigns, attorneys and agents (collectively, "Affiliates"). We do not verify, endorse, or have any responsibility for, any such third party sites, their business practices, or any goods or services associated with or obtained in connection with any such site, whether CLRS' or any Affiliates' logo or sponsorship identification is on the third party site as part of a co-branding or promotional arrangement. If any third party site obtains or collects Personal Information from you, in no event shall we assume or have any responsibility or liability. Please read our Privacy Policy, which describes how CLRS collects and uses your Personal Information and co-branding relationships. In addition, CLRS will not and cannot censor or edit the content of any third-party site. By using the Website, you expressly relieve CLRS from any and all liability arising from your use of any third-party website. Accordingly, we strongly suggest that when you leave THE CLRS WEBSITE that you read the terms and conditions and privacy policy of each other website that you visit.

WEBSITE ACCESS

A. CLRS hereby grants you permission to use THE CLRS WEBSITE as set forth in these Terms of Use, provided that: (i) your use of THE CLRS WEBSITE as permitted is solely for your personal, noncommercial use (unless CLRS grants you written permission to do so); (ii) you will not copy or distribute any part of THE CLRS WEBSITE in any medium without CLRS' prior written authorization; (iii) you will not alter or modify any part of THE CLRS WEBSITE other than as may be reasonably necessary to use THE CLRS WEBSITE for its intended purpose; and (iv) you will otherwise comply with the terms and conditions of these Terms of Use.
B. In order to access some features of THE CLRS WEBSITE, you may have to create an account. You may never use another's account without permission. When creating your account, you must provide accurate and complete information. You are solely responsible for the activity that occurs on your account, and you must keep your account password secure. You must notify CLRS immediately of any breach of security or unauthorized use of your account. Although CLRS will not be liable for your losses caused by any unauthorized use of your account, you may be liable for the losses of CLRS or others due to such unauthorized use.
C. You agree to abide by the "RULES OF CONDUCT" referenced in Section 10 below and not use or launch any automated system, including without limitation, "robots," "spiders," "offline readers," etc., that accesses THE CLRS WEBSITE in a manner that sends more request messages to CLRS servers in a given period of time than a human can reasonably produce in the same period by using a conventional on-line web browser. Notwithstanding the foregoing, CLRS grants the operators of public search engines permission to use spiders to copy materials from the site for the sole purpose of creating publicly available searchable indices of the materials, but not caches or archives of such materials. CLRS reserves the right to revoke these exceptions either generally or in specific cases. You agree not to collect or harvest any personally identifiable information, including account names, from THE CLRS WEBSITE, nor to use the communication systems provided by THE CLRS WEBSITE for any commercial solicitation purposes.

INTELLECTUAL PROPERTY RIGHTS

The content on THE CLRS WEBSITE, including without limitation, the text, software, scripts, graphics, photos, sounds, products, music, videos, interactive features and the like ("Content") and the trademarks, service marks and logos contained therein ("Marks"), are owned by or licensed to CLRS, subject to copyright and other intellectual property rights under United States and foreign laws and international conventions. Content on THE CLRS WEBSITE is provided to you AS IS for your information and personal use only and may not be used, copied, reproduced, distributed, transmitted, broadcast, displayed, sold, licensed, or otherwise exploited for any other purposes whatsoever without the prior written consent of the respective owners. CLRS reserves all rights not expressly granted in and to THE CLRS WEBSITE and the Content. You agree to not engage in the use, copying, or distribution of any of the Content other than expressly permitted herein. If you download or print a copy of the Content for personal use, you must retain all copyright and other proprietary notices contained therein. You agree not to circumvent, disable or otherwise interfere with security related features of THE CLRS WEBSITE or features that prevent or restrict use or copying of any Content or enforce limitations on use of THE CLRS WEBSITE or the Content therein. CLRS may accept or consider unsolicited ideas such as ideas for new products, processes, new advertising campaigns, new promotional activities, marketing plans or new product names ("User Feedback"). Once submitted by you and received by CLRS, all rights in and to such User Feedback shall be deemed to be assigned, transferred and conveyed by you to CLRS and shall become the sole and exclusive property of and shall be credited to CRLS in perpetuity. If you are not agreeable to the assignment, transfer and conveyance of all of your rights, title and interest in the User Feedback from you to CLRS, do not submit any User Feedback to CLRS.

WEB COMMUNITIES, FORUMS AND POSTINGS

THE CLRS WEBSITE may now, or in the future, contain forum services, web communities, and other message and communication facilities ("Communities") that may provide you and other Users an opportunity to submit, upload, post, display, transmit and/or exchange information, ideas, opinions, information, files, messages, transmissions and Content with other Users and/or with us and these are referred to in this Agreement as a "Post" or "Posting."

CLRS reserves the right at all times, but does not have the obligation, to edit, refuse to post, or to remove any Posting, in whole or part, that CLRS deems inappropriate for inclusion in the Communities, for any reason or for no reason. Communities are public and not private and you should assume your Postings may be read by others, with or without your knowledge or permission. Although a particular Community may have a policy of limited membership or access, CLRS shall have no liability if unauthorized persons nevertheless obtain access to the Community. Your use of the Communities is at your own risk and you should not disclose or make available your personal information in any Posting or in any Community.

You use the Communities solely at your own risk and CLRS neither endorses nor controls User Postings available, delivered or displayed in the Communities and CLRS assumes no duty to monitor or endorse Postings within the Communities, nor does CLRS represent or guarantee the truthfulness, accuracy or reliability thereof or that any Posting complies with the terms or conditions of this Agreement and you should never rely upon any Posting as being true, accurate or reliable.

You understand, acknowledge and agree that Postings originating from any User ID are the sole responsibility of the individual associated with that User ID. This means that you, and not THE CLRS WEBSITE, are entirely responsible for the consequences of all your Postings on the Communities or otherwise on THE CLRS WEBSITE. Postings do not reflect the views of CLRS or any Affiliates. In no event shall CLRS or any Affiliates have or be construed to have any responsibility or liability for or in connection with any Posting whatsoever; provided, however, if we determine, in our sole discretion and judgment, that any Posting does or may violate any of the terms of this Agreement, we reserve the right, at any time and without limiting any and all other rights we may have under this Agreement, at law or in equity, to: (a) refuse to allow you to Post; (b) remove and delete Postings; (c) revoke your right to use the Communities and THE CLRS WEBSITE; and/or (d) use any technological, legal, operational or other means available to us to enforce the provisions of this Agreement, including, without limitation, blocking specific IP addresses or deactivating your account on THE CLRS WEBSITE and/or the Communities.

If a Posting originates from you or your User ID, you hereby agree that:

(a) you are placing the Posting in the public domain without reservation of any rights or further control over the Posting or its use and you specifically authorize THE CLRS WEBSITE and Affiliates to use such Posting in whole or in part, throughout the universe, and you are automatically granting CLRS and Affiliates a royalty-free, perpetual, irrevocable, unrestricted, unconditional, non-exclusive license to use, reproduce, modify, publish, edit, adapt, create derivative works from, translate, distribute, perform, display and otherwise exploit such Posting and all elements thereof alone or as part of other works in any form, media, or technology, whether now known or hereafter developed or discovered, and to license and sub-license such rights through multiple tiers of sub-licenses, all without any notification or obligation to you, of compensation, attribution or otherwise;

(b) you represent and warrant that (i) the Posting is original to you or fully cleared for use as contemplated herein, (ii) the Posting does and will not, in any way, violate or breach any of the terms of this Agreement, (iii) the Posting does not contain libelous, tortuous, or otherwise unlawful information, infringe or violate any copyright or other right, or contain any matter the publication or sale of which will violate any law, regulation or other governmental requirement or restriction, (iv) the Posting is not obscene or in any other manner unlawful, (v) the Posting shall not be damaging or injurious to CLRS, any Affiliates or any User, and (vi) we shall not be required to pay or incur any sums to any person or entity as a result of our use or exploitation of the Posting;

(c) if your Posting incorporates the name, logo, brand, service or trademark, voice, likeness or image of any person, firm or enterprise, you specifically represent and warrant that you have the right to place such Posting in the public domain and grant CLRS and Affiliates the right to use such Posting as described above; and

(d) we have the right to delete, re-format and/or change your Posting in any manner that we may determine (although you will not be responsible for any such changes made).

The amount of storage space on THE CLRS WEBSITE per User is limited and some Postings may not be processed due to space constraints or outbound message limitations. You understand, acknowledge and agree we assume no responsibility for deletion of Postings or any failure to store, receive or deliver Postings in a timely manner or at all or as to any other matter relating to Postings. Posting is for noncommercial purposes only and you may not Post in any manner which does or is intended to promote or generate revenue for any business enterprise or commercial activity.

ADVERTISING

From time to time, you may communicate with, receive communications from, be re-directed to, interact with, or participate in or use the services or obtain goods and services of or from, third parties such as our advertisers, sponsors, or promotional partners ("Advertisers") as a result of or in connection with your use of THE CLRS WEBSITE. All such communication, interaction and participation is strictly and solely between you and the Advertiser involved and we shall not be responsible or liable to you in any way in connection with these activities or transactions (including, without limitation, any representations, warranties, covenants, contracts or other terms or conditions that may exist between you and the Advertiser or any goods or services you may purchase or obtain from any Advertiser).

PROMOTIONS

From time to time, CLRS', the Affiliates', or THE CLRS WEBSITE's service providers, suppliers, and Advertisers may conduct promotions on or through THE CLRS WEBSITE, including, without limitation, auctions, contests and sweepstakes ("Promotions"). Each Promotion may have additional Rules which will be posted or otherwise made available to you and, for purposes of each Promotion, will be deemed incorporated into and form a part of this Agreement; provided, however, if there is any conflict between the Rules for any particular Promotion and these Terms of Use, the Rules shall govern for that Promotion.

RULES OF CONDUCT

Your use of THE CLRS WEBSITE is subject to all applicable local, state, national laws and regulations and, in some cases, international treaties. You are solely responsible for all activities, acts and omissions that occur in, from, through or under your User ID or as a result of your use of the CLRS website. You shall not use, allow, or enable others to use THE CLRS WEBSITE, or knowingly condone use of THE CLRS WEBSITE by others, in any manner that is, attempts to, or is likely to:

  . be libelous, defamatory, indecent, vulgar or obscene, pornographic, sexually explicit, racially, culturally, or ethnically offensive, harmful, harassing, intimidating, threatening, hateful, objectionable, discriminatory, or abusive, or which may or may appear to impersonate anyone else;   . affect us adversely or reflect negatively on us, THE CLRS WEBSITE, our goodwill, name or reputation or cause duress, distress or discomfort to us or anyone else, or discourage any person, firm or enterprise from using all or any portion, features or functions of THE CLRS WEBSITE, or from advertising, linking or becoming a supplier to us in connection with THE CLRS WEBSITE;   . send or result in the transmission of junk e-mail, chain letters, duplicative or unsolicited messages, or so-called "spamming" and "phishing";   . be used for commercial or business purposes, without the prior written consent of CLRS, including, without limitation, advertising, marketing or offering goods or services, whether or not for financial or any other form of compensation or through linking with any other website or web pages;   . transmit, distribute or upload programs or material that contain malicious code, such as viruses, time bombs, cancel-bots, worms, Trojan horses, spyware, or other potentially harmful programs or other material or information;   . forge any TCP/IP packet header or part of the header information in any e-mail or newsgroup posting for any reason;   . violate any laws, regulations (including, without limitation, laws regarding the transmission of technical data or software exported from the United States), judicial or governmental order, any treaties or violate or infringe upon any intellectual property rights, rights of publicity or privacy, or any other rights of ours or of any other person, firm or enterprise;   . gain unauthorized access to THE CLRS WEBSITE, other Users' accounts, names, User IDs, personally identifiable information or other computers, websites or pages, connected or linked to THE CLRS WEBSITE or to use THE CLRS WEBSITE in any manner which violates or is inconsistent with the terms and conditions of this Agreement;   . modify, disrupt, impair, alter or interfere with the use, features, functions, operation or maintenance of THE CLRS WEBSITE or the rights or use and enjoyment of THE CLRS WEBSITE by any other person, firm or enterprise; or   . collect, obtain, compile, gather, transmit, reproduce, delete, revise, view or display any material or information, whether personally identifiable or not, posted by or concerning any other person, firm or enterprise, in connection with their or your use of THE CLRS WEBSITE, unless you have obtained the express, prior permission of such other person, firm or enterprise to do so.

TERMINATION OF YOUR ACCOUNT

You may terminate your account and User ID, if any, at any time and for any reason, by sending an e-mail to info@clrstechnology.com with your Username, password, and e-mail address and requesting termination of your account. We may terminate your use of and account on THE CLRS WEBSITE, at any time and for any reason, with or without cause, without prior notice to you and without any liability or further obligation of any kind whatsoever to you or any other party.

WARRANTY DISCLAIMER

YOU AGREE THAT YOUR USE OF THE CLRS WEBSITE SHALL BE AT YOUR SOLE RISK. TO THE FULLEST EXTENT PERMITTED BY LAW, CLRS, ITS OFFICERS, DIRECTORS, EMPLOYEES, AND AGENTS DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, IN CONNECTION WITH THE CLRS WEBSITE AND YOUR USE THEREOF. CLRS MAKES NO WARRANTIES OR REPRESENTATIONS ABOUT THE ACCURACY OR COMPLETENESS OF CLRS WEBSITE'S CONTENT OR THE CONTENT OF ANY SITES LINKED TO THE CLRS WEBSITE AND ASSUMES NO LIABILITY OR RESPONSIBILITY FOR ANY (I) ERRORS, MISTAKES, OR INACCURACIES OF CONTENT, (II) PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER, RESULTING FROM YOUR ACCESS TO AND USE OF THE CLRS WEBSITE, (III) ANY UNAUTHORIZED ACCESS TO OR USE OF OUR SECURE SERVERS AND/OR ANY AND ALL PERSONAL INFORMATION AND/OR FINANCIAL INFORMATION STORED THEREIN, (IV) ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM THE CLRS WEBSITE, (IV) ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE WHICH MAY BE TRANSMITTED TO OR THROUGH THE CLRS WEBSITE BY ANY THIRD PARTY, AND/OR (V) ANY ERRORS OR OMISSIONS IN ANY CONTENT OR FOR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF THE USE OF ANY CONTENT POSTED, EMAILED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE VIA THE CLRS WEBSITE. CLRS DOES NOT WARRANT, ENDORSE, GUARANTEE, OR ASSUME RESPONSIBILITY FOR ANY PRODUCT OR SERVICE ADVERTISED OR OFFERED BY A THIRD PARTY THROUGH THE CLRS WEBSITE OR ANY HYPERLINKED WEBSITE OR FEATURED IN ANY BANNER OR OTHER ADVERTISING, AND CLRS WILL NOT BE A PARTY TO OR IN ANY WAY BE RESPONSIBLE FOR MONITORING ANY TRANSACTION BETWEEN YOU AND THIRD-PARTY PROVIDERS OF PRODUCTS OR SERVICES.

LIMITATION OF LIABILITY

IN NO EVENT SHALL CLRS, ITS OFFICERS, DIRECTORS, EMPLOYEES, AGENTS OR OTHER PERSONS CONSTITUTING A RELEASED PARTY, BE LIABLE TO YOU FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE, OR CONSEQUENTIAL DAMAGES WHATSOEVER RESULTING FROM ANY (I) ERRORS, MISTAKES, OR INACCURACIES OF CONTENT, (II) PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER, RESULTING FROM YOUR ACCESS TO AND USE OF OUR WEBSITE, (III) ANY UNAUTHORIZED ACCESS TO OR USE OF OUR SECURE SERVERS AND/OR ANY AND ALL PERSONAL INFORMATION AND/OR FINANCIAL INFORMATION STORED THEREIN, (IV) ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM OUR WEBSITE, (IV) ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE, WHICH MAY BE TRANSMITTED TO OR THROUGH OUR WEBSITE BY ANY THIRD PARTY, AND/OR (V) ANY ERRORS OR OMISSIONS IN ANY CONTENT OR FOR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF YOUR USE OF ANY CONTENT POSTED, EMAILED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE VIA THE CLRS WEBSITE, WHETHER BASED ON WARRANTY, CONTRACT, TORT, OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT THE COMPANY IS ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THE FOREGOING LIMITATION OF LIABILITY SHALL APPLY TO THE FULLEST EXTENT PERMITTED BY LAW IN THE APPLICABLE JURISDICTION.

YOU SPECIFICALLY ACKNOWLEDGE THAT CLRS SHALL NOT BE LIABLE FOR THE DEFAMATORY, OFFENSIVE, OR ILLEGAL CONDUCT OF ANY USER OR THIRD PARTY, OR ANY OFFENSIVE MATERIALS OR OFFENSIVE CONDUCT OF ANY USER OR THIRD PARTY AND THAT THE RISK OF HARM OR DAMAGE FROM THE FOREGOING RESTS ENTIRELY WITH YOU.

THE CLRS WEBSITE is controlled and offered by CLRS from its facilities in the United States of America. CLRS makes no representations that THE CLRS WEBSITE or its products and services are appropriate or available for use in other locations. Those who access or use THE CLRS WEBSITE from other jurisdictions do so at their own volition and are responsible for compliance with local law.

LINKING TO THE SITE

Unless a user has a written agreement in effect with CLRS which states otherwise, Users may only provide a hyperlink to CLRS's Websites on another website, if the User complies with all of the following: (a) the link must be a text-only link clearly marked either (i) "clrstechnology.com" or "www.clrstechnology.com" or (ii) "clrstechnology.com" or "www.clrstechnology.com" or ; (b) the link must "point" to the URL "http://www.clrstechnology.com" and not to other pages within these websites; (c) the link, when activated by a User, must display the CLRS Websites full-screen and not within a frame on the linking website; and (d) the appearance, position and other aspects of the link must not be such as to damage or dilute the goodwill associated with CLRS and trademarks or create the false appearance that CLRS is associated with or a sponsor of the linking website. CLRS reserves the right to revoke its consent to any link at any time in its sole discretion.

INDEMNITY

You agree to defend, indemnify and hold harmless CLRS and its Affiliates, from and against any and all claims, damages, obligations, losses, liabilities, costs or debt, and expenses (including but not limited to attorney's fees) arising from: (i) your use of and access to THE CLRS WEBSITE; (ii) your violation of any term of these Terms of Use; (iii) your violation of any third party right, including without limitation any copyright, property, or privacy right; (iv) any Claims that User generated content caused damage to a third party. This defense and indemnification obligation will survive these Terms of Use and your use of THE CLRS WEBSITE.

ASSIGNMENT

These Terms of Use, and any rights and licenses granted hereunder, may not be transferred or assigned by you, but may be assigned by CLRS without restriction.

GENERAL

You agree that: (i) THE CLRS WEBSITE shall be deemed solely based in California; and (ii) THE CLRS WEBSITE shall be deemed a passive website that does not give rise to personal jurisdiction over CLRS, either specific or general, in jurisdictions other than California. These Terms of Use shall be governed by the internal substantive laws of the State of California, without respect to its conflict of laws principles. Any claim or dispute between you and CLRS that arises in whole or in part from THE CLRS WEBSITE shall be decided exclusively by a court of competent jurisdiction located in Orange County, California. These Terms of Use, together with the Privacy Policy at http://www.clrstechnology.com and any other legal notices published by CLRS on THE CLRS WEBSITE, shall constitute the entire agreement between you and CLRS concerning THE CLRS WEBSITE. If any provision of these Terms of Use is deemed invalid by a court of competent jurisdiction, the invalidity of such provision shall not affect the validity of the remaining provisions of these Terms of Use, which shall remain in full force and effect. No waiver of any term of this these Terms of Use shall be deemed a further or continuing waiver of such term or any other term, and CLRS' failure to assert any right or provision under these Terms of Use shall not constitute a waiver of such right or provision. CLRS reserves the right to amend these Terms of Use at any time and without notice, and it is your responsibility to review these Terms of Use for any changes. Your use of THE CLRS WEBSITE following any amendment of these Terms of Use will signify your assent to and acceptance of its revised terms.

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The CLARO is covered by Patent No. D569987 and pending patents.
Registered European Community Design No. 000850284-0001
Registered Canadian Industrial Design Patent No. 123830
CLRS Technology and CLARO are trademarks of CLRS Technology, Inc.

 
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