It is the policy of ClutchWave Inc ("ClutchWave"), a Wyoming corporation, to respond punctually to claims of copyright and other property infringement. ClutchWave will quickly process and investigate notices of alleged infringement and take appropriate actions under the Digital Millennium Copyright Act ("DMCA") and other associable intellectual property laws. Upon receipt of notices complying or substantially complying with the DMCA, ClutchWave may act to delete or disable access to any material claimed to be infringing or claimed to be the subject of infringing activity and may act to delete or disable access to any reference or link to material that is claimed to be delinquent. ClutchWave will terminate access for users who are infringers.
Notifying ClutchWave of Copyright Infringement: To provide ClutchWave notice of an infringement, you must provide a written communication to the attention of [email protected] which sets forth the information specified by the DMCA (http://www.copyright.gov/title17/92chap5.html#512). Please note that you may be liable for damages (including costs and attorneys' fees) if you materially misrepresent that an activity is infringing your copyright.
Providing ClutchWave with Counter-Notification: If we remove or disable access to content in response to an infringement notice, we will make reasonable attempts to contact the owner or administrator of the affected site or content. If you feel that your material does not constitute infringement, you may provide ClutchWave with a counter notification by written communication to the attention of [email protected] Please note that you may be liable for damages (including costs and attorneys' fees) if you materially misrepresent that an activity is not infringing the copyrights of others. If you are uncertain whether an activity constitutes infringement, see an attorney.
You acknowledge that ClutchWave has no control over, and no duty to take any action regarding: which users gain access to the Site; what effects the Content may have on you; how you may interpret or use the Content; or what actions you may take as a result of having been exposed to the Content. You release ClutchWave from all liability for you having acquired or not acquired Content through the Site. The Site may contain, or direct you to sites containing, information that some people may find offensive or inappropriate. ClutchWave makes no representations concerning any content contained in or accessed through the Site, and ClutchWave will not be responsible or liable for the accuracy, copyright compliance, legality or decency of material contained in or accessed through the Site. THE SERVICE, CONTENT, AND SITE ARE PROVIDED ON AN "AS IS" BASIS, WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR NON-INFRINGEMENT. SOME STATES DO NOT ALLOW LIMITATIONS ON HOW LONG AN IMPLIED WARRANTY LASTS, SO THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU.
PricePlow, any ClutchWave Site, or a third party may provide links to other websites. ClutchWave exercises no control whatsoever over such other websites and web-based resources and is not responsible or liable for the availability thereof or the Content, advertising, products or other materials thereon. ClutchWave shall not be responsible or liable, directly or indirectly, for any damage or loss incurred or suffered by any user in connection therewith. Your access and use of linked websites, including information, material, products and services therein, is solely at your own risk.
The PricePlow Sites' Privacy Statement is applicable only when you are on a ClutchWave Site. Once you choose to link to another website, you should read that website's privacy statement before disclosing any personal information.
Each User shall indemnify, defend and hold harmless ClutchWave and their respective officers, employees and agents, and each of ClutchWave's website partners, from any and all claims, costs, demands, damages, and liabilities including reasonable attorneys' fees, made by any third party due to or arising out of that user's acts or omissions, including claims arising out of that user's use of the ClutchWave Sites; his or her submission, posting or transmission of Content or his or her violation of the Terms.
EACH USER'S USE OF THE ClutchWave SITES IS AT HIS OR HER SOLE RISK. THE ClutchWave SITES ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS AND ClutchWave ASSUMES NO RESPONSIBILITY FOR THE TIMELINESS, DELETION, MIS-DELIVERY OR FAILURE TO STORE ANY USER COMMUNICATIONS OR PERSONALIZATION SETTINGS. EACH USER WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO HIS OR HER COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF ANY SUCH MATERIAL. ClutchWave EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. SPECIFICALLY, ClutchWave MAKES NO WARRANTY THAT (i) THE ClutchWave SITES OR ANY SERVICE THEREON WILL MEET YOUR REQUIREMENTS, (ii) ANY USER ACCESS WILL BE UNINTERRUPTED, TIMELY, SECURE OR ERROR-FREE, (iii) THE QUALITY OF ANY CONTENT, PRODUCTS, SERVICES, INFORMATION OR OTHER MATERIAL OBTAINED BY ANY USER WILL MEET HIS OR HER EXPECTATIONS, AND (iv) ANY ERRORS IN THE SOFTWARE WILL BE CORRECTED. EXCLUDING ONLY DAMAGES ARISING OUT OF ClutchWave'S GROSS NEGLIGENCE OR WILLFUL MISCONDUCT, ClutchWave SHALL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES, INCLUDING BUT NOT LIMITED TO DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES (EVEN IF ClutchWave HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), RESULTING FROM ANY USER'S USE OR INABILITY TO USE ANY ClutchWave SITES OR SERVICES THEREON; THE COST OF PROCUREMENT OF SUBSTITUTE SERVICES; UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA; STATEMENTS OR CONDUCT OF ANY THIRD PARTY ON THE ClutchWave SITES; OR ANY OTHER MATTER RELATING TO THE ClutchWave SITES. IN NO EVENT SHALL ClutchWave'S TOTAL CUMULATIVE LIABILITY TO ANY USER OR OTHER PARTY UNDER THESE TERMS OF SERVICE OR OTHERWISE EXCEED $1,000.00. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES OR THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES. ACCORDINGLY, SOME OF THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU. NOTHING HEREIN SHALL BE DEEMED TO CREATE AN AGENCY, PARTNERSHIP, JOINT VENTURE, EMPLOYEE-EMPLOYER OR FRANCHISOR-FRANCHISEE RELATIONSHIP OF ANY KIND BETWEEN ClutchWave AND ANY USER OR OTHER PERSON OR ENTITY NOR DO THESE TERMS OF SERVICE EXTEND RIGHTS TO ANY THIRD PARTY. AS NOTED ABOVE, ClutchWave DOES NOT AND CANNOT CONTROL THE ACTIONS OF ClutchWave SITE USERS, VISITORS OR LINKED THIRD PARTIES. WE RESERVE THE RIGHT TO REPORT ANY MALFEASANCE THAT COMES TO OUR ATTENTION TO THE APPROPRIATE AUTHORITIES. WE DO NOT GUARANTEE CONTINUOUS UNINTERRUPTED OR SECURE ACCESS TO ClutchWave SITES. OPERATION OF ClutchWave SITES MAY BE SUBJECT TO INTERFERENCE FROM NUMEROUS FACTORS OUTSIDE OUR CONTROL. FURTHER, SCHEDULED AND PREVENTIVE MAINTENANCE AS WELL AS REQUIRED AND EMERGENCY MAINTENANCE WORK MAY TEMPORARILY INTERRUPT SERVICES OR ACCESS TO THE WEBSITE. THE DISCLAIMERS OF WARRANTY AND LIMITATIONS OF LIABILITY APPLY, WITHOUT LIMITATION, TO ANY DAMAGES OR INJURY CAUSED BY THE FAILURE OF PERFORMANCE, ERROR, OMISSION, INTERRUPTION, DELETION, DEFECT, DELAY IN OPERATION OR TRANSMISSION, COMPUTER VIRUS, COMMUNICATION LINE FAILURE, THEFT OR DESTRUCTION OR UNAUTHORIZED ACCESS TO, ALTERATION OF OR USE OF ANY ASSET, WHETHER ARISING OUT OF BREACH OF CONTRACT, TORTIOUS BEHAVIOUR, NEGLIGENCE OR ANY OTHER COURSE OF ACTION BY ClutchWave.
ClutchWave may terminate a user's account in ClutchWave's absolute discretion and for any reason. ClutchWave is especially likely to terminate for reasons that include, but are not limited to, the following: (1) violation of these Terms; (2) abuse of site resources or attempt to gain unauthorized entry to the site or site resources; (3) use of a ClutchWave Site in a manner inconsistent with the Purpose; (4) a user's request for such termination; or (5) as required by law, regulation, court or governing agency order.
ClutchWave's termination of any user's access to any or all ClutchWave Sites may be effected without notice and, on such termination, ClutchWave may immediately deactivate or delete user's account and/or bar any further access to such files. ClutchWave shall not be liable to any user or other third party for any termination of that user's access or account hereunder. In addition, a user's request for termination will result in deactivation but not necessarily deletion of the account. ClutchWave reserves the right to delete, or not delete, a user's account at ClutchWave's sole discretion, as well as to delete, or not delete, content at ClutchWave's sole discretion.
CLUTCHWAVE and other ClutchWave graphics, logos, designs, page headers, button icons, scripts, and service names are pending trademarks, trademarks or trade dress of ClutchWave in the U.S. and/or other countries. ClutchWave's trademarks may not be used, including as part of trademarks and/or as part of domain names, in connection with any product or service in any manner that is likely to cause confusion.
Any information you provide when you visit web sites other than those covered by this policy or when you purchase any products or services that may be offered or advertised on our web site by companies other than ClutchWave is subject to the privacy policies of the organizations who run and/or own these web sites. This policy also does not apply to information you may provide to us offline except as expressly stated herein.
- Information You Provide:In order to use many of PricePlow's features, tools and services, we ask you to register to become a member. During this member registration process, we will ask you for personally identifiable information such as your name, email address, birthdate, age, member name and password. In addition, you may choose to provide PricePlow with additional information.
- Information Collected:
- - The IP address of the computer making the request;
- - The URL that is being requested;
- - The date and time of the request;
- - The referring URL;
- - The browser type and operating system used to make the request;
- - Content Votes;
- - Sharing of Data: Users can browse stories that you have voted for and commented on, which is available at your member profile.
- - Profile information: PricePlow allows other users to browse your name, location, and instant messaging URL, and school within your member profile should you provide this optional information.
We neither rent nor sell your personal information to anyone. We share your personal information only as described below:
- ClutchWave Personnel:Personnel may have access to user information to carry out duties for ClutchWave business.
- Business Transfers:We may choose to buy or sell assets. User information is one of the business assets that can be transferred.
- Legal Compliance:We must comply with applicable laws, regulations, or legal or regulatory process, and may be required to provide personal information to legal authorities.
- Your Consent:Unless as established above, you will be notified when your personal information may be shared, and you will be able to prevent this sharing by opting out.