Terms of Service

Terms of Service

clEAR auditory brain training was created by clEAR, LLC (henceforth “clEAR” or “we”, referring to all employees of the company). The following Terms of Service (“TOS”) regulate all usage of clEAR’s website and online services.

By accessing and using this site, you accept these TOS. Any use of this website or its available services results in a binding contract that leaves you responsible for following any guidelines applicable to those services. Please read the TOS carefully before using the website. If you do not agree to abide by these guidelines, you may not use this site nor any of its services. These TOS include our Privacy Policy, which can be read here. If you are accessing the clEAR website from a location where the TOS cannot be enforced, you may not use this site nor any of its services. Any user who is found to violate these TOS will have their clEAR accounts terminated immediately.

If the clEAR TOS conflicts with any other rules and regulations found elsewhere on the clEAR website, the TOS shall overrule other rules and regulations. The TOS may occasionally be updated to reflect changes in the clEAR website or subscription services. If changes are made, we will provide you with notice via email or via online notification in advance, before any updates are applied. Continued use of the clEAR website and services after the update notices indicates your acceptance of any changes and consent to the new TOS. If any section of the TOS is found to be unenforceable, the remaining portions of the TOS will remain in effect and fully applicable. Failure to enforce a provision of the TOS at one time does not negate the enforceability of that provision in the future.

Intellectual Property:

clEAR is protected by U.S. and international patent and intellectual property laws. The entire contents of the site are the express property of clEAR. You may not download, copy, modify, or create similar versions of any clEAR content, including clEAR games, in any way. The algorithms, processes, mechanisms of action and code behind the functionality of the website and of the clEAR games are the property of clEAR and are trade secrets which are therefore protected under the Agreement on Trade-Related Aspects of Intellectual Property Rights. You agree to comply with all of these guidelines and to help protect clEAR from any apparent copyright infringement. You may print information from the site for non-commercial purposes, but a clinician may print clEAR charts tracking a patient’s progress and share them with that patient. If possible copyright infringement arises, please contact clear.aural.rehab@gmail.com to report any occurrences. Additionally, we appreciate any feedback that clEAR customers may have, and may use any feedback (whether it be spoken, written, emailed, or posted on social media) freely without agreement or consent forms. All trademarks and tradenames on the website are the property of and/or are registered trademarks of clEAR.

We follow the Digital Millennium Copyright Act (DMCA). If you believe that any clEAR material may have infringed upon other material, contact clear.aural.rehab@gmail.com. In your complaint, you must include your contact information (including name, phone number, email address, and mailing address), a description of the copyrighted work or material that you believe we may have infringed upon, proof that you are the owner of said material, and your signature (electronic or physical). If you are not the owner of said material, then you must provide proof that you are authorized to act on behalf of the owner, your signature (electronic or physical), and the signature of the owner (electronic or physical).

Confidentiality:

Data you enter on clEAR’s website is confidential unless otherwise stated. We seek to create a customized auditory brain training experience, so information you enter will be available to your hearing healthcare professional but will not be shared with any third parties for commercial or marketing purposes except in the aggregate of all users and in general terms to show usage. Entering some personal information is mandatory in order to create a clEAR account. This includes email address information. By accepting these TOS, you agree to allow clEAR to communicate with you via email. Such communications may include reminder emails, emails explaining new product information, or emails relating to your personal clEAR account. clEAR follows all security guidelines that United States laws demand. Should any private information be shared, clEAR is not liable for any reputational or economic damage caused to the user.

Restrictions:

clEAR is provided as a beneficial service for its users, so all of the following are strictly prohibited:

  • Impersonating another clEAR user or registering under a false identity.
  • Violating any of clEAR’s security precautions or accessing any of its servers illegally.
  • Using clEAR for your own economic or experimental purposes.
  • Copying any content of the games or site for commercial use.
  • Threatening, stalking, or hurting another user in any way.
  • Posting any commercial content to clEAR’s website.
  • Reverse-engineering or creating another version of the clEAR technology.
  • Distributing to clEAR users, administrators or corporate employees in a commercially unauthorized manner.
  • Using any clEAR trademarks, text, logos, or images without written consent (e.g., to create the illusion of an association with clEAR for another venture).
  • Allowing anyone other than the clEAR account holder to use the site, games, and training while logged in to that account, aside from a user's hearing healthcare professional.
  • Collecting information about other users including, but not limited to, email addresses and personal information.
Disclaimers:

This site is for informational purposes only. clEAR is not responsible or liable for the accuracy of information provided or the inaccuracy or omission of information. clEAR is not responsible for any liability resulting from the use of this website. We provide no warranties (explicit or implied) for clEAR services and subscriptions. Additionally, we provide no warranties that the site is free of harmful content.

clEAR cannot police all information posted to the website and is not responsible for any user-created content. However, clEAR reserves the right to remove any inappropriate user-created graphics, text or materials from the site if, in its sole discretion, it is deemed necessary.

clEAR Hearing Healthcare Providers are required to contact you at least three times throughout your initial subscription to affirm they are your assigned clEAR Hearing Healthcare Provider. A clEAR Hearing Healthcare Provider is a hearing healthcare professional who receives payment from clEAR for providing customized hearing healthcare to clEAR uses. clEAR is not at any time responsible for the quality of service the provider may or may not provide or the regularity with which they may or may not contact you. If you are unhappy with your clEAR Hearing Healthcare Provider’s service, you always have the option of switching to a different clEAR Hearing Healthcare Provider or working with a clEAR online audiologist.

Limitation of Liability:

clEAR is not responsible for any data or payment losses that may occur, or for any damages caused by such losses.

No indemnity is provided for any violations of the TOS by clEAR users. To the maximum extent permitted by law, you waive any and all claims you may have against clEAR for losses or damages related to use of its services. You agree to defend and hold clEAR harmless of any and all claims resulting from your use.

We aim to resolve any user conflicts informally if a dispute may arise. You agree to contact clEAR with any complaints before filing any legal claims. Arbitration relating to any breaches of this document shall be held in St. Louis, Missouri (or any other location as determined by mutual written agreement) through the National Arbitration Forum according to the existing Code of Procedure at the time of the arbitration. Missouri law shall apply, as will the Federal Arbitration Act, 9 U.S.C. Sections 1 16.

Force Majeure:

clEAR is not responsible for any disruptions in service due to causes beyond its control, including but not limited to: acts of god, forces of nature, states of emergency, acts of terrorism, labor disputes, or any other occurrences beyond clEAR’s control.

Third Party Sites:

If any links to third party websites are posted on the clEAR website, clEAR is not responsible for any content that can be found there. We may share third party links when we believe they will be beneficial to users. Some third party service providers (including our programmers and maintenance team) have access to our server. On a best-efforts basis, we take steps to ensure breaches of security from third party sites will not occur.

User Requirements:

As a user, you agree that you have either reached the age of majority for your respective state of residence, are an emancipated minor, or have consent to use the site from a parent or guardian. This site and its services are not directed to children under 13 years of age without the presence of a parent or guardian. We do not collect personal information online from children, so therefore we comply with the Child’s Online Privacy Protection Act.

Effective use of clEAR depends on various hardware necessities, including a compatible computer, internet access, and any applicable hardware and software which may be used with the site. You agree that, should updates be made to the site, maintaining appropriate software for use of the site is your responsibility.

Pricing Concerns:

If any errors in pricing occur on the site, clEAR has the permission to cancel orders made and/or request the correct payment price. Any potential typographical errors in pricing will be corrected as quickly as possible to prevent this situation. If your credit card has already been charged for the purchase before the cancellation occurs, you shall be refunded the amount you paid or the prorate amount based on usage. Pricing may change in the future; if this occurs, clEAR will notify you before any change in price is implemented. Unless otherwise stated, all fees and charges on clEAR’s website are in U.S. currency. Your subscription can be cancelled at any time, but prorated refunds for your remaining subscription term will not be given.

Miscellaneous:

Do not rely on clEAR for medical treatment or advice. This is an informational and educational service that is not designed to replace your healthcare professional or to provide any medical services.

Occasionally, the clEAR website may be out of service while we provide you with updates and modifications. We cannot guarantee that the clEAR website and games will be accessible at all times.

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