Terms And Conditions

These Terms and Conditions (these “Terms of Use” or this “Agreement”) govern Your use of the Clear Voice “U” website (“Clear Voice U,” “CVU,” “we,” or “us”) available at the CVU website and any affiliate or derivative websites operated by Clear Voice, Inc. (collectively, the “Site”). So long as You are enrolled in a program that uses the CVU curriculum or technology, CVU will grant access to and allow the use of the Site for purposes of providing educational and related services to You. For purposes of this Agreement, the terms “You” and “Your” mean and refer to the person using the Site.

By using the Site, You expressly acknowledge that You have read, understood, and agreed to be bound by these Terms of Use and any modifications that may be made to these Terms of Use from time to time. If You do not agree to these Terms, You should not use the Site. CVU reserves the right to change the Terms of Use at any time without notice to You, effective immediately upon posting such revised Terms of Use on the Site. It is Your responsibility to check this page periodically to ensure You are complying with the most recent version of these Terms of Use. In addition, when using the Site, You are required to comply with any guidelines or rules applicable to each service offered within the Site, which may be posted from time to time. All such guidelines or rules are hereby incorporated by reference into these Terms of Use.

These Terms of Use constitute a binding legal agreement between You and CVU, which details Your rights and obligations as users (“User(s)”) of the CVU Services available or provided through the Site (the “Services”). Please read these Terms of Use carefully before accessing or using the Site. All Users must accept these Terms of Use as a condition of using to the Services. When You accept the Terms of Use and complete the registration process for the Services, You become a “Registered User” of the Site.

Description of Service

You understand and agree that the Site and the Services are provided “AS-IS.” CVU makes no representations or warranties of any kind with respect to the Site or the Services or any contents therein. CVU assumes no liability or responsibility for any errors or omissions in providing the Services or the Site, any losses or damages arising from the use of the Site or the Services, or any conduct by users of the Site. CVU assumes no liability or responsibility for the timeliness, accuracy or reliability of the Services, deletion, incorrect delivery, or failure to store any user communications or personalization settings. You are responsible for obtaining access to the Services and for the payment of all fees associated with such access. In addition, You must provide and are responsible for all equipment necessary to access the Site and Services.

Your Registration Obligations

You agree to:

• provide true, accurate, current and complete information as prompted by the Service’s registration form (the “Registration Data”) and
• maintain and promptly update the Registration Data to keep it true, accurate, current and complete.

If You provide any information that is untrue, inaccurate, not current, or incomplete, or CVU has reasonable grounds to suspect that such information is untrue, inaccurate, not current, or incomplete, CVU has the right to suspend or terminate Your account and refuse any and all current or future use of the Services (or any portion thereof). Data You provide and certain other information about You is subject to our Privacy Policy. You may find additional information regarding our Privacy Policy on our website.

Permitted Use

You understand and agree that You are not authorized to use the Site for any purpose not expressly authorized herein. In particular, You agree that You may not use the Site for the benefit of anyone other than Yourself and not for any other person. You will not use the Site for any unlawful purpose. You understand and agree that CVU may discontinue or change the Site at any time, without notice. You understand CVU reserves the right to revoke access without notice to the Site if CVU has reason to believe that these Terms of Use have been or may be violated. You will not upload files, or cause users to upload files, that contain viruses, corrupted files or any other similar software or programs that may adversely affect the operation of the Site or any other user’s experience on the Site. You will be fully liable for all costs or losses to CVU or CVU’s affiliates related to Your violation of these Terms of Use. CVU may disclose user information about You if required by applicable law or by subpoena or court order.

Registered Users, Passwords, and Security

You will receive a password and account designation upon completing the CVU registration process and becoming a Registered User. You are responsible for maintaining the confidentiality of the password and account, and are fully responsible for all activities that occur under Your password or account. You agree to:

• immediately notify CVU of any unauthorized use of Your password or account, and
• exit from Your account at the end of each session.

CVU is not liable for any loss or damage arising from Your failure to comply with this Section.

Modifications to Service

CVU reserves the right at any time and from time to time to modify or discontinue, temporarily, or permanently, the Services (or any part thereof) with or without notice. You agree that CVU shall not be liable to You or to any third party for any modification, suspension, or discontinuance of the Services.

Filtering Software

You understand and agree that for Student(s) enrolled in a school that uses the CVU technology and curriculum, federal, state, and/or local law may require that the computer made available to the Student(s) be equipped with filtering software to restrict access to Internet sites containing child pornography, obscene depictions, or other materials harmful to minors under 18 years of age. It is Your responsibility to install and maintain this software as required to meet federal, state, and/or local laws.

Proprietary Rights and Intellectual Property

You acknowledge and agree that all technology, ideas, concepts, graphics, content, software, and materials available on the Site (“Content”) are protected by copyrights, trademarks, service marks, patents, trade secrets, or other proprietary rights and laws. Except as expressly authorized by CVU, You agree not to sell, license, rent, modify, distribute, copy, reproduce, transmit, broadcast, circulate, publicly display, publicly perform, publish, adapt, edit, translate, or create derivative works from such materials or content. Systematic retrieval of data or other content from the Site to create or compile, directly or indirectly, a collection, compilation, database or directory without permission from CVU is prohibited. You may not post any Content from the website to forums, newsgroups, mail lists, electronic bulletin boards or other websites, without the prior written consent of CVU. You further agree not to reverse engineer any aspect of the Services or the Site, nor to use Your access of the Content, the Services or the Site to build or create a competitive product or service, or to create any product or service using ideas, features or functions similar to any aspect of the Content, Site or the Services. In addition, use of the Content for any purpose not expressly permitted in these Terms is prohibited.

Linking and Third Party Sites

You may not deep-link to this Site or any content contained on it without CVU’s prior written consent. The Site may produce automated search results that reference or otherwise link to other sites on the Internet. These sites may contain information or material that some people may find inappropriate or offensive. These other sites are not under the control of CVU, and You acknowledge that CVU is not responsible for the accuracy, copyright compliance, legality, decency, or any other aspect of the content of such sites. The inclusion of such a link does not imply endorsement of the site by CVU or any association with its operators, nor does CVU warrant that other sites will be free from viruses or other damaging content or materials. You agree that CVU is not liable for any loss or damage of any sort incurred as a result of any such dealings with any linked site or merchant or operator of the linked site.

Copyright Infringement – Digital Millennium Copyright Act

CVU respects the intellectual property of others. CVU may, in appropriate circumstances and at its sole discretion, terminate the access of users who infringe the copyright or intellectual property rights of others. If You believe that your work has been copied and is accessible on the Site in a way that constitutes copyright infringement, or that the Site contains links or other references to another online location that contains material or activity that infringes your copyright rights, You may notify us by providing our copyright agent the information required by the U.S. Digital Millennium Copyright Act, 17 U.S.C. § 512. Our agent for notice of claims of copyright infringement on or regarding this website can be reached as follows:

Clear Voice, Inc.
Attn: Customer Service
2791 Baker Lake Road
Newport, WA 99156
email: info@clearvoiceu.com

Notice of Infringing Material

Please provide a notification containing the following details:

• Reasonably sufficient details to enable us to identify the work claimed to be infringed (for example: title, author, any registration or tracking number, URL);
• Reasonably sufficient detail to enable us to identify and locate the material that is claimed to be infringing (for example a link to the page that contains the material);
• Your contact information so that we can contact You (for example, Your address, telephone number, e-mail address);
• A statement that You have a good faith belief that the use of the material identified in (2) is not authorized by the copyright owner, its agent, or the law;
• A statement, under penalty of perjury, that the information in the notification is accurate and that You are authorized to act on behalf of the owner of the exclusive right that is alleged to be infringed.
• Your physical or electronic signature.

Access and Interference

You agree that You will not use any device, software or routine to interfere or attempt to interfere with the proper working of or others’ use or enjoyment of, the Site. You agree that You will not take any action that imposes an unreasonable or disproportionately large load on our infrastructure.

Disclaimers of Warranties

The Site includes facts, views, opinions and recommendations of consultants, individuals and organizations not under the direct control of CVU. CVU and its Content licensors do not guarantee or warrant the accuracy, completeness or timeliness of, or otherwise endorse, these views, opinions and recommendations. Due to the number of sources from which the Content is obtained, and the inherent hazards of electronic distribution, there may be delays, omissions or inaccuracies in such Content and the Site.

Limitation of Warranties

NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM CVU OR THROUGH OR FROM THE SITE SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THESE TERMS OF USE. BECAUSE SOME JURISDICTIONS DO NOT PERMIT THE EXCLUSION OF CERTAIN WARRANTIES, CERTAIN EXCLUSIONS MAY NOT APPLY TO YOU EXCEPT THAT CVU’S LIABILITY IN SUCH JURISDICTIONS SHALL BE LIMITED TO THE EXTENT PERMITTED BY LAW.

Limitation of Liability

YOU EXPRESSLY UNDERSTAND AND AGREE THAT CVU, CVU’S SUBSIDIARIES, RELATED OR AFFILIATED COMPANIES, AND LICENSORS (“RELEASED PARTIES”) SHALL NOT BE LIABLE FOR ANY DIRECT OR, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, PUNITIVE, OR EXEMPLARY DAMAGES, INCLUDING BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA, OR OTHER INTANGIBLE LOSSES (EVEN IF THE RELEASED PARTIES HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), RESULTING FROM:

• THE USE OR THE INABILITY TO USE THE SITE, SERVICES OR CONTENT;
• UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA;
• STATEMENTS OR CONDUCT OF ANY THIRD PARTY ON THE SITE;
• ANY OTHER MATTER RELATING TO THE SITE, SERVICES OR CONTENT.

SOME JURISDICTIONS DO NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES. SOME OF THE FOREGOING LIMITATION MAY NOT APPLY TO YOU EXCEPT THAT CVU’S LIABILITY IN SUCH JURISDICTIONS SHALL BE LIMITED TO THE EXTENT PERMITTED BY LAW. CVU’S TOTAL LIABILITY RELATED TO USE OF THE SITE, SERVICES OR CONTENT SHALL NOT EXCEED THE AMOUNT OF MONEY COLLECTED BY CVU RELATED TO YOUR USE OF THE SITE OR RECEIPT OF SERVICES.

Release

YOU HEREBY RELEASE AND FOREVER DISCHARGE CVU, THEIR OFFICERS AND DIRECTORS, AND THEIR EMPLOYEES, AGENTS, SUCCESSORS, AND ASSIGNS, (“RELEASED PARTIES”), FROM ALL ACTIONS, CAUSES OF ACTION, INJURIES, CLAIMS, DAMAGES, COSTS OR EXPENSES OF ANY KIND GROWING OUT OF OR RELATED TO YOUR USE OF THE CURRICULUM, THE SITE OR THE SERVICE. YOU UNDERSTAND THAT THIS IS A FULL AND COMPLETE RELEASE TO THE MAXIMUM EXTENT ALLOWED BY LAW OF ALL CLAIMS AND DAMAGES WHICH YOU MAY HAVE AS A RESULT OF YOUR USE OF THE CONTENT, THE SITE OR THE SERVICES REGARDLESS OF THE SPECIFIC CAUSE THEREOF.

Choice of Law and Forum

These Terms shall be governed by and construed in accordance with the laws of the State of Washington, excluding its conflicts of law terms. You expressly agree that the exclusive jurisdiction for any claim or action arising out of or relating to these Terms or Your use of the Site shall be filed only in the state or federal courts located in Newport, Washington, and You further agree and submit to the exercise of personal jurisdiction of such courts for the purpose of litigating any such claim or action.

Indemnification

You agree to defend, indemnify, and hold harmless CVU and its subsidiaries, related or affiliated companies, and their employees, contractors, officers, directors, and agents from all liabilities, claims, and expenses, including attorney’s fees, that arise from Your use or misuse of the Site, Your use of the Services, Your connection to the Services or Your violation of these Terms of Use. CVU reserves the right, at its own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by You, in which event You agree to cooperate with CVU in asserting any available defenses.

Severability and Integration

Unless otherwise specified herein, these Terms of Use constitute the entire agreement between You and CVU with respect to the Site and supersede all prior or contemporaneous communications and proposals (whether oral, written or electronic) between You and CVU with respect to the Site or the Services. If any part of these Terms of Use are held invalid or unenforceable, that portion shall be construed in a manner consistent with applicable law to reflect, as nearly as possible, the original intentions of the parties, and the remaining portions shall remain in full force and effect.

Termination

You agree that CVU, in its sole discretion, may at any time without prior notice immediately suspend, terminate, or delete Your CVU account (or any part thereof), password, and access to the Services for any reason.