Terms and Conditions

Last Updated: 2024-02-01

These Terms and Conditions (“Terms”) are a contract between you and ClenchAlert (“we,” “us,” or “our”) and govern your access to and use of our website, content, and products (collectively, the “Services”).

THESE TERMS CONTAIN A BINDING ARBITRATION AGREEMENT AND CLASS ACTION WAIVER. YOU AGREE TO RESOLVE DISPUTES THROUGH INDIVIDUAL ARBITRATION ONLY.

Acceptance of Terms

By accessing or using the Services, or by clicking any button indicating consent, you agree to be bound by these Terms. If you do not agree, do not use the Services.

Amendment of Terms

We may amend these Terms at any time by posting updated Terms. Continued use of the Services constitutes acceptance of the revised Terms.

Eligibility

You must be at least eighteen (18) years old to use the Services. By using the Services, you represent that you meet this requirement.

Use of the Services

All content on the Services, including text, graphics, software, images, videos, and designs (“Content”), is owned by us or our licensors and protected by intellectual property laws.

You may access Content for personal, non-commercial use only. Unauthorized use, reproduction, or distribution is prohibited.

Electronic Communications

By using the Services, you consent to receive electronic communications from us. These communications satisfy any legal requirement for written notice.

Fees and Billing

Payment Processing

Payments are processed by third-party payment providers. We are not responsible for payment processing errors outside our control.

Product Availability

We reserve the right to discontinue or limit products at any time. Prices are listed in U.S. dollars unless otherwise stated.

Returns

For details regarding returns, please review our Return Policy.

User Content

By submitting content (including reviews or feedback), you grant us a perpetual, worldwide, royalty-free license to use, display, and distribute such content in connection with our business.

You are solely responsible for the content you submit and represent that you have all rights necessary to do so.

Prohibited Conduct

  • Violating any applicable laws or regulations
  • Uploading harmful, offensive, or infringing content
  • Attempting to gain unauthorized access to the Services
  • Using the Services for fraudulent or deceptive purposes

Third-Party Links

The Services may contain links to third-party websites. We are not responsible for the content or practices of those websites.

Indemnification

You agree to indemnify and hold harmless ClenchAlert from any claims, damages, or expenses arising from your use of the Services or violation of these Terms.

Disclaimer of Warranties

THE SERVICES ARE PROVIDED “AS IS” WITHOUT WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING FITNESS FOR A PARTICULAR PURPOSE.

Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY LAW, OUR LIABILITY SHALL NOT EXCEED $50 OR THE AMOUNT YOU PAID US IN THE SIX (6) MONTHS PRECEDING THE CLAIM, WHICHEVER IS GREATER.

Arbitration & Class Action Waiver

Any dispute arising from these Terms shall be resolved through binding, individual arbitration conducted in Indiana under the rules of JAMS.

You waive the right to participate in class actions or class-wide arbitration.

Governing Law

These Terms are governed by the laws of the State of Indiana, without regard to conflict of law principles.

Severability

If any provision of these Terms is found unenforceable, the remaining provisions shall remain in full force and effect.