Terms and Conditions

Use of the website constitutes your acceptance of the Terms and Conditions.

Please read the following terms and conditions of use (the “Terms and Conditions”) which govern your use of the website located at http://www.clayive.com (referred to herein as the “website”) and your relationship with Clayive, and all individuals and companies associated with this website. If you do not agree to these Terms and Conditions, do not use the website. We may change the Terms and Conditions from time to time and at any time without notice to you, by posting such changes on the website. By using the website following any modifications to these Terms and Conditions, you agree to be bound by any such modifications to the Terms and Conditions.

1. Terms, Trademarks, Copyrights and Restrictions

By accessing this web site, you are agreeing to be bound by these web site Terms and Conditions of Use, all applicable laws and regulations, and agree that you are responsible for compliance with any applicable laws. If you do not agree with any of these terms, you are prohibited from using or accessing this website. The materials contained in this web site are protected by applicable copyright and trademark law.

All material on this site, including, but not limited to images, illustrations, audio clips and video clips, is protected by intellectual property laws and are owned and controlled by Clayive or by other parties that have licensed their material to Clayive. All rights not expressly granted are reserved. Clayive hereby authorizes the user of the site to view, print, copy and distribute information published by Clayive on this site and related Clayive sites that may be published from time to time (Clayive Sites), provided that:

(i) the information may be used internally (by the user or any third party to whom the user distributes it) only for informational purposes;

(ii) no fee may be charged for distribution of any information to any third party; and

(iii) any and all copyright or other proprietary notices that appear on the Clayive Sites, must appear on all copies that you make or distribute.

Your terms of use do not grant to you a license hereunder to otherwise use, copy, distribute or transfer the materials on the Clayive Sites. Modification of the materials or use of the materials for any other purpose is a violation of the copyrights and other proprietary rights. For purposes of this Terms of Use Agreement, the use of any such material on any other website or networked computer environment is prohibited.

All materials provided via the Clayive Sites are intended for informational purposes only and are subject to change or withdrawal by Clayive at any time without notice. Clayive assumes no responsibility for the accuracy or completeness of the materials.

2. User Conduct On the website

While using the Clayive website, you may not:

(1) upload, post, publish, transmit, reproduce, or distribute in any way, information, software or other material obtained through the website which is protected by copyright, or other proprietary or intellectual property right, or derivative works with respect thereto, without obtaining permission of the copyright owner or right holder; or

(2) upload, post, publish, reproduce, transmit or distribute in any way any component of the website itself or derivative works with respect thereto, as the website is copyrighted as a collective work under Texas copyright laws; or

(3) upload, post, publish or transmit any unlawful, fraudulent, libelous, defamatory, obscene, pornographic, profane, threatening, abusive, or otherwise objectionable information of any kind, including without limitation any transmissions constituting or encouraging conduct that would constitute illegal activity, give rise to civil liability, or otherwise violate any local, emirates, national or foreign law, including without limitation the Texas export laws and regulations; or

(4) upload, post, publish, transmit, reproduce, distribute or in any way exploit any information, software or other material obtained through the website for commercial purposes (other than as expressly permitted by the provider of such information, software or other material); or

(5) restrict or inhibit any other user from using and enjoying the website; or

(6) post or transmit any advertisements, solicitations, chain letters, pyramid schemes, investment opportunities or schemes or other unsolicited commercial communication (except as otherwise expressly permitted by the website) or engage in spamming or flooding; or

(7) impersonate any other person or entity, or misrepresent your affiliation with any other person or entity; or

(8) post or transmit any information or software which contains a virus, trojan horse, worm or other harmful component.

We have no obligation to monitor the website. You acknowledge and agree, however, that we do retain the right to monitor the website and to disclose any information as necessary or appropriate to satisfy any law, regulation or other governmental request, to operate the website properly, or to protect itself or its subscribers. We will not intentionally monitor or disclose any private electronic-mail message unless required by law. We reserve the right to refuse to post or to remove any information or materials, in whole or in part, that, in its sole discretion, are unacceptable, undesirable, inappropriate or in violation of these Terms and Conditions.

3. Disclaimer

The materials in Clayive Sites are provided “as is” and without warranties of any kind, either express or implied. To the fullest extent permissible pursuant to applicable law, Clayive disclaims all warranties, express or implied, including, but not limited to, implied warranties of merchantability and fitness for a particular purpose. Clayive does not warrant that the functions contained in the materials will be uninterrupted or free of errors, that defects will be corrected, or that Clayive Sites or the server that makes them available are free of viruses or other harmful components. Clayive does not warrant or make any representations regarding the use, or the results of the use, of the materials in Clayive Sites in terms of their correctness, accuracy, reliability or otherwise. You (and not Clayive) assume the entire cost of all necessary servicing, repair or correction. Applicable law may not allow the exclusion of implied warranties, so the above exclusion may not apply to you. The material that you read in Clayive Sites is provided solely for informational purposes only and is subject to change or withdrawal by Clayive at any time without notice. Clayive assumes no responsibility for the accuracy or completeness of the materials. While every effort is made to ensure that all information provided at the site does not contain computer viruses, you should take reasonable and appropriate precautions to scan for computer viruses. Furthermore, neither Clayive nor its affiliated or related entities are responsible or liable to any person or entity whatsoever (including, without limitation, persons who may use or rely on such data/materials or to whom such data/materials may be furnished) for any loss, damage (whether actual, consequential, punitive or otherwise), injury, claim, liability or other cause of any kind or character whatsoever based on or resulting from any information or opinions provided in Clayive Sites.

IN NO EVENT WILL Clayive BE LIABLE TO ANY PARTY FOR ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES FOR ANY USE OF THE Clayive SITES, THE MATERIALS OR ON ANY OTHER HYPERLINKED WEB SITE, INCLUDING, WITHOUT LIMITATION, ANY LOST PROFITS, BUSINESS INTERRUPTION, LOSS OF PROGRAMS OR OTHER DATA, EVEN IF Clayive IS EXPRESSLY ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

4. Limitations

In no event shall Clayive or its suppliers be liable for any damages (including, without limitation, damages for loss of data or profit, or due to business interruption,) arising out of the use or inability to use the materials on Clayive Internet site, even if Clayive or a Clayive authorized representative has been notified orally or in writing of the possibility of such damage. Because some jurisdictions do not allow limitations on implied warranties, or limitations of liability for consequential or incidental damages, these limitations may not apply to you.

5. Revisions and Errata

The materials appearing on Clayive’s web site could include technical, typographical, or photographic errors. Clayive does not warrant that any of the materials on its web site are accurate, complete, or current. Clayive may make changes to the materials contained on its web site at any time without notice. Clayive does not, however, make any commitment to update the materials.

3. Linked Sites

The Clayive Sites may contain links to other sites. These links are provided for your convenience only and you access them at your own risk. In many cases, these links are included as references to help you view some of the work we do for our clients. In providing links to other sites, Clayive is in no way acting as a publisher or disseminator of the material contained on those sites and does not seek to control the content of, or maintain any type of editorial control over, such sites. A link to another site should not be construed to mean that Clayive is affiliated or associated with the site, nor is legally authorized to use any trademark, trade name, logo or copyrighted symbol that may be reflected in the link or the description of the link. The inclusion of a link does not imply the endorsement or support of other such sites by Clayive.

Should you wish to link to Clayive Sites, please write to Clayive at the address set forth below, Attn.: General Counsel, or e-mail us at hello@clayive.com.

7. Site Terms of Use Modifications

Be sure to return to this page periodically to review the most current version of the Agreement. We reserve the right at any time, at our sole discretion, to change or otherwise modify the Agreement without prior notice, and your continued access or use of this Website signifies your acceptance of the updated or modified Agreement. By using this website you are agreeing to be bound by the then current version of these Terms and Conditions of Use.

8. Governing Law

The Terms and Conditions and the relationship between you and Clayive shall be governed by the laws of the City of Houston in the State of Texas, without regard to its conflict of law provisions. You and Clayive each agree to submit to the personal and exclusive jurisdiction of the courts located within the City of Houston in the State of Texas. The failure of Clayive to exercise or enforce any right or provision of the Terms and Conditions shall not constitute a waiver of such right or provision. If any provision of the Terms and Conditions is found by a court of competent jurisdiction to be invalid, the parties nevertheless agree that the court should endeavor to give effect to the parties, intentions as reflected in the provision, and the other provisions of the Terms and Conditions remain in full force and effect.

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