These Terms of Service with Clear-Salary, LLC d/b/a Clear-Salary.com (“Terms”) govern your usage of Clear-Salary.com’s website (“Clear-Salary”). These Terms also include our Privacy and Cookie Statement also found on Clear-Salary. “We” and “us” refer to ClearSalary, LLC d/b/a Clear-Salary.com, an Ohio Limited Liability Company (also referred to as “Clear-Salary”). By accessing and using Clear-Salary, you acknowledge, understand, and agree to these Terms. You may not use Clear-Salary if you do not agree to the version of the Terms posted on Clear-Salary at the time you access Clear-Salary. Please also note that these Terms set forth and require the use of a dispute resolution process prior to arbitration on an individual basis and do not allow for jury trials or class actions. These Terms also limit certain remedies available to you in the event that a dispute should arise as set forth in further detail below.

1. To access or use Clear-Salary, you must be at least 18 years of age and agree that Clear-Salary is for your individual, personal, and non-commercial use.
2. You must provide a valid email address and confidential password in order to create a Clear-Salary account. You will also be required to provide at least one salary data point from a current or former employer to create your account and be given access to Clear-Salary. You acknowledge that you are solely responsible for maintaining the confidentiality of your password and agree to notify Clear-Salary immediately if you suspect that your password has been compromised, obtained, or used by a third-party to access your account.

1. User Rules. You agree that your use of Clear-Salary will be solely for lawful purposes and in a manner consistent with these Terms and any applicable laws, rules, regulations, or other legal obligations you may have towards Clear-Salary or any third parties. You are solely responsible for any Content that is posted through your account on Clear-Salary (“Your Content”). “Content” means any information or work of authorship on Clear-Salary. You further acknowledge and agree that you will not: 1.) create a false or fraudulent account or otherwise impersonate another person or that individual’s email address, or misrepresent your current or former employment relationship with an employer; 2.) submit false, fraudulent, misleading, defamatory, harassing, threatening, or otherwise objectionable Content as determined by Clear-Salary, or Content that you do not have the right to submit; 3.) submit Content in violation of any enforceable confidentiality, non-disclosure or other contractual restrictions or rights of any third party, including any current or former employers; 4.) scrape, mine or strip data from Clear-Salary or use automated agents or software while accessing Clear-Salary; 5.) incorporate part of Clear-Salary into any website, “deep-link” to any portion of Clear-Salary, or otherwise copy and/or create derivative works of Clear-Salary or any Content in connection with a competitive service as determined by Clear-Salary; 6.) introduce viruses, Trojan horses, worms, time bombs, cancelbots, corrupted files, or similar software to Clear-Salary, or attempt to circumvent Clear-Salary’s security features; 7.) interfere with, disrupt, or otherwise create an undue burden on Clear-Salary or any connected networks or services; 8.) interfere with, disrupt, modify, reverse engineer, or decompile any functionality, data, or Content of Clear-Salary.
2. Salary Information and Content. Salary information included on Clear-Salary represents Content provided by other users and such information does not represent independently verified salaries or any guarantee of salaries by Clear-Salary. Clear-Salary does not guarantee the accuracy or reliability of any Content, nor is Clear-Salary responsible for or endorse any salary information or Content found on Clear-Salary from third parties.
3. Third-Party Content on Clear-Salary. You understand that Content from other users, advertisers, and other third parties is made available to you through Clear-Salary. You are also reminded that pursuant to 47 U.S.C. § 230 of the U.S. Communications Decency Act, and similar laws that are intended to exclude, immunize, or limit the liability of providers of an interactive computer service that hosts or provides access to third-party user-generated content, Clear-Salary cannot be held liable for claims arising from the Content provided by third parties on Clear-Salary.
4. Third-Party Links and Websites. Clear-Salary may contain links to third-party websites. Usage of links to third-party websites is at your own risk. Clear-Salary does not monitor nor has any control over such websites, and makes no claim or representation regarding third-party websites, including no endorsement, adoption or sponsorship of, or affiliation with, such third-party websites unless otherwise explicitly so stated. These Terms solely govern your use of Clear-Salary.

Clear-Salary reserves the right to remove any Content that we believe violates these Terms, any other Clear-Salary policies or procedures, or applicable law, rule, or regulation, although we are under no obligation to do so. We further reserve our right to take appropriate action against you if you violate these Terms including the removal of Your Content, suspension and/or deactivation of your Clear-Salary account, and/or any other legal or administrative action. Moreover, we reserve the right to take appropriate action to protect the anonymity of our users.

1. Clear-Salary contains Content provided by us and our licensors, including other users. These licensors and Clear-Salary own and retain all proprietary and intellectual property rights in the Content each provide. Nothing in these Terms shall imply or convey licensors with a property right in Clear-Salary. Clear-Salary owns and retains all property rights in Clear-Salary. With respect to our users only, we hereby grant you a limited, revocable, non-sublicensable license under the intellectual property rights that are licensable by Clear-Salary. Such limited license permits a user to download, view, copy and print Content from Clear-Salary solely for your personal use. Except as explicitly set forth in these Terms, you shall not copy, distribute, transmit, display, perform, reproduce, publish, license, modify, rewrite, create derivative works from, transfer, or sell any material contained on Clear-Salary without prior consent.Except for material that is within the public domain under the United States copyright law, all material contained on Clear-Salary, including software, HTML code, Java, and other code is protected by United States copyright law.
2. You represent, warrant, and agree that Your Content that you submit to Clear-Salary is true and accurate and that you have the right to submit Your Content. Clear-Salary does not claim ownership in Your Content but by using Clear-Salary, you are hereby granting to Clear-Salary an unrestricted, irrevocable, perpetual, non-exclusive, fully-paid and royalty-free, license to use, copy, perform, display, create derivative works of, adapt and distribute Your Content in any and all media. You further expressly waive any and all of your moral rights applicable to Clear-Salary’s exercise of the foregoing license.
3. Pursuant to the Digital Millennium Copyright Act, all notices relating to perceived or potential copyright claims shall be sent to the Litigation Department of Clear-Salary at P.O. Box 973, New Albany, OH 43054. Once notified, Clear-Salary shall expeditiously investigate and, if valid, remove any infringing copyright material or otherwise block access to such infringing material upon proper notice.

Clear-Salary is provided “as-is” and as available. Clear-Salary further expressly disclaims any warranties or conditions of any kind, whether express or implied, including the warranties or conditions of merchantability, fitness for a particular purpose, title, quiet enjoyment, accuracy, or non-infringement. Clear-Salary makes no warranty that: (1) Clear-Salary will meet your expectations or requirements; (2) Clear-Salary will be available on an uninterrupted, timely, secure, or error-free basis; or (3) the Content on Clear-Salary will be accurate or reliable.

Moreover, Clear-Salary is not responsible for the acts, omissions, or other conduct, of any advertiser, user, or third party of Clear-Salary, whether online or offline, nor is Clear-Salary responsible for any incorrect, inaccurate, or unlawful Content submitted or posted by users, advertisers, or third parties to Clear-Salary. Clear-Salary is further not responsible for any issues, problems, technical malfunction, or error of any hardware and software of any kind while using Clear-Salary including any resulting loss, damage, or injury.

You hereby release Clear-Salary and our respective officers, directors, board members, advisors, employees, agents, successors, and assigns (collectively, the “Clear-Salary Organization”) from any and all claims, demands, and losses, damages, rights, and actions of any kind that are either directly or indirectly related to or arises from: (1) the actions, Content, or data of any third parties; and (2) your participation in any offline or online events.

IN NO EVENT SHALL THE CLEAR-SALARY ORGANIZATION BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY LOST PROFIT OR ANY INDIRECT, CONSEQUENTIAL, EXEMPLARY, INCIDENTAL, SPECIAL, OR PUNITIVE DAMAGES ARISING FROM YOUR USE OF CLEAR-SALARY. NOTWITHSTANDING ANYTHING TO THE CONTRARY CONTAINED HEREIN, WHERE PERMITTED BY APPLICABLE LAW, YOU AGREE THAT THE CLEAR-SALARY ORGANIZATION’S LIABILITY TO YOU FOR ANY DAMAGES ARISING FROM OR RELATED TO YOUR USE OF CLEAR-SALARY (FOR ANY CAUSE WHATSOEVER AND REGARDLESS OF THE FORM OF THE ACTION), WILL AT ALL TIMES BE LIMITED TO ONE HUNDRED U.S. DOLLARS ($100).

You further understand and acknowledge that you are familiar with the provisions of Section 1542 of the California Civil Code, which provides: “A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS WHICH THE CREDITOR DOES NOT KNOW OR SUSPECT TO EXIST IN HIS OR HER FAVOR AT THE TIME OF EXECUTING THE RELEASE, WHICH IF KNOWN BY HIM OR HER MUST HAVE MATERIALLY AFFECTED HIS OR HER SETTLEMENT WITH THE DEBTOR.” You hereby expressly waive and relinquish all rights and benefits under Section 1542 of the California Civil Code and any law or legal principle of similar effect in any jurisdiction with respect to the releases and/or discharges granted herein, including but not limited to the releases and/or discharges of unknown claims.

The disclaimers and limitations on liability in this section apply to the maximum extent under the law, and nothing in this section is intended to limit any rights you have which may not be lawfully limited.

You agree to defend, indemnify, and hold the Clear-Salary Organization harmless from any loss, liability, claim, or demand, including for the reimbursement for reasonable attorneys’ fees and costs, made by any third party due to or otherwise arising from your use of Clear-Salary, including due to or arising from your breach of these Terms.

Any discovery seeking a Clear-Salary user’s identity or information shall be pursuant to a valid Ohio subpoena, properly issued in connection with an active lawsuit and served upon Clear-Salary’s principal place of business in Ohio. You further agree to cover all costs associated with Clear-Salary’s response to such subpoena, including, but not limited to reasonable attorneys’ fees and expenses. All such subpoenas and discovery proceedings arising from such subpoenas shall be issued from, brought, and resolved exclusively in the state courts located within Franklin County, Ohio or the federal courts in the Southern District of Ohio, as appropriate, and you agree to submit to the personal jurisdiction of each of these courts.

PLEASE READ THIS CAREFULLY AS IT AFFECTS YOUR RIGHTS. YOU AGREE THAT THROUGH THESE TERMS, YOU AND CLEAR-SALARY ARE EACH WAIVING THE RIGHT TO TRIAL BY JURY OR TO PARTICIPATE IN A CLASS ACTION. YOU AND CLEAR-SALARY AGREE THAT EACH MAY BRING CLAIMS AGAINST THE OTHER ONLY IN AN INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE PROCEEDING. ANY ARBITRATION WILL TAKE PLACE ON AN INDIVIDUAL BASIS. CLASS ACTIONS AND CLASS ARBITRATIONS ARE IMPERMISSIBLE.

1. Governing Law. These Terms and any and all disputes, claims, or other legal proceedings by or between you or us, including but not limited to any such claims or disputes that are in any way related to or arising under these Terms or your access to or use of Clear-Salary, shall be governed by the laws of the State of Ohio without giving effect to any conflict-of-laws principles that may otherwise provide for the application of the law of another jurisdiction. You agree that these Terms are through interstate commerce and that the Federal Arbitration Act applies to the application of the “Agreement to Arbitrate” paragraph set forth below. For any claim, dispute, or other legal proceeding not subject to the “Agreement to Arbitrate”, the claim or dispute shall be brought and heard exclusively in the state courts located within Franklin County, Ohio or the federal courts in the Southern District of Ohio, as appropriate, and you agree to submit to the personal jurisdiction of each of these courts.
2. Agreement to Arbitrate. Notwithstanding the Exceptions to Arbitration paragraph set forth below, you and Clear-Salary each agree that any dispute between you and Clear-Salary arising under or related to these Terms must be resolved through binding arbitration as set forth under this section. With the exception of the prohibition on class arbitrations, if an arbitrator or court decides that any part of this Agreement to Arbitrate is unenforceable, all other parts of this Agreement to Arbitrate shall still apply and remain in effect.
   • Exceptions to Arbitration. This Agreement to Arbitrate shall not apply to: (a) qualifying small claims cases; (b) proceedings relating to efforts seeking user-identifying information; (c) any proceedings brought by any of the Clear-Salary Organization against companies or other legal entities or individuals acting on behalf of any such companies or other legal entities; and (d) a party’s right to seek injunctive or other equitable relief in a court of competent jurisdiction to prevent the actual or threatened infringement, misappropriation or violation of a party’s copyrights, trademarks, trade secrets, patents, or other intellectual property rights.
   • If arbitration is intended or sought under this agreement, the party seeking arbitration must first notify the other party of the dispute in writing at least 60 days in advance of initiating arbitration. Notice to Clear-Salary should be sent to the Litigation Department, P.O. Box 973, New Albany, OH 43054. If you have an account on Clear-Salary, notice to you will be sent to the email address provided under your account. The notice of dispute (“Notice”) must (a) describe the nature and basis of the claim or dispute; and (b) set forth the specific relief sought. If Clear-Salary and you do not reach an agreement to resolve the claim within 60 days after the Notice is received, you or Clear-Salary may proceed with arbitration. Any settlement offer made by you or Clear-Salary at any time shall not be disclosed to the arbitrator or used as evidence in any arbitration proceeding or a court of law.
   • The arbitration shall be governed by the Consumer Arbitration Rules of the American Arbitration Association (“AAA”), which are available at www.adr.org. Unless otherwise required by the applicable arbitration rules, the arbitration shall be held in Columbus, Ohio. For any claim where the total amount of the award sought is $10,000 or less, either party may elect to have the arbitration conducted by telephone or based solely on written submissions, unless the arbitrator mandates an in-person hearing. The arbitrator’s award shall be final and binding.
3. Pursuant to the Digital Millennium Copyright Act, all notices relating to perceived or potential copyright claims shall be sent to the Litigation Department of Clear-Salary at P.O. Box 973, New Albany, OH 43054. Once notified, Clear-Salary shall expeditiously investigate and, if valid, remove any infringing copyright material or otherwise block access to such infringing material upon proper notice.

We may revise these Terms by including an updated version on Clear-Salary (“Updated Terms”). The Updated Terms will become effective immediately upon posting. If we make a change that we believe materially reduces your rights or increases your responsibilities, we will notify by posting a notice on Clear-Salary prior to the change becoming effective. We may provide notice of changes in other circumstances as well. Your continued use of Clear-Salary is subject to the most current effective version of these Terms.

These Terms constitute the entire agreement between you and Clear-Salary, and you represent and warrant that no person has made any promise, representation, or warranty, whether express or implied, not contained herein to induce you to enter into this agreement. Clear-Salary’s decision or failure to exercise or enforce any right or provision of these Terms shall not be deemed as a waiver of such right or provision. If any provision of the Terms is found to be unenforceable or invalid, then only that provision shall be modified and all remaining provisions of these Terms shall otherwise remain in full force and effect and be deemed enforceable. The Terms, and any rights or obligations hereunder, are not assignable, transferable or sublicensable by you except with Clear-Salary’s prior written consent, but may be assigned or transferred by Clear-Salary. Any attempted assignment by you shall be deemed a breach and violation of these Terms and shall be void. The headings and titles found in these Terms are for reference and convenience only and have no legal or contractual effect. The word “including” as used in these Terms shall mean “including but not limited to.”

These Terms remain in effect while your account remains open. You may delete your account at any time. We may suspend or terminate your account or your access to parts of Clear-Salary, for any or no reason, without notice to you. Clear-Salary shall have no liability whatsoever to you for any termination of your account.