Terms and Conditions

Last Updated: May 1, 2024

Welcome to Clearmist ("we," "our," or "us"). By accessing or using our website, clearmist.nl (the "Website"), you agree to be bound by these Terms and Conditions (the "Terms"). If you do not agree with any part of these Terms, you must not access or use our Website.

Please read these Terms carefully before using our Website. These Terms constitute a legally binding agreement between you and Clearmist regarding your use of the Website.

1. Use of the Website

1.1 Eligibility

By using our Website, you represent and warrant that you are at least 18 years of age and have the legal capacity to enter into these Terms. If you are using the Website on behalf of an organization or entity, you represent and warrant that you have the authority to bind such organization or entity to these Terms.

1.2 Account Responsibility

If you create an account on our Website, you are responsible for maintaining the confidentiality of your account information, including your password, and for all activities that occur under your account. You agree to notify us immediately of any unauthorized use of your account or any other breach of security.

1.3 Prohibited Activities

When using our Website, you agree not to:

• Violate any applicable law, regulation, or these Terms
• Use the Website for any illegal or unauthorized purpose
• Interfere with or disrupt the Website or servers or networks connected to the Website
• Attempt to gain unauthorized access to any portion of the Website or any other systems or networks connected to the Website
• Use any robot, spider, scraper, or other automated means to access the Website for any purpose
• Introduce any viruses, trojan horses, worms, logic bombs, or other harmful material
• Collect or harvest any personally identifiable information from the Website
• Impersonate or attempt to impersonate Clearmist, an Clearmist employee, another user, or any other person or entity
• Engage in any conduct that restricts or inhibits anyone's use or enjoyment of the Website

2. Intellectual Property Rights

2.1 Website Content

The Website and its original content, features, and functionality are owned by Clearmist and are protected by international copyright, trademark, patent, trade secret, and other intellectual property or proprietary rights laws.

2.2 Limited License

Subject to these Terms, Clearmist grants you a limited, non-exclusive, non-transferable, and revocable license to access and use the Website for your personal, non-commercial use. This license does not include:

• Any resale or commercial use of the Website or its contents
• Any collection and use of any product listings, descriptions, or prices
• Any derivative use of the Website or its contents
• Any downloading or copying of account information for the benefit of another merchant
• Any use of data mining, robots, or similar data gathering and extraction tools

2.3 Trademarks

The name "Clearmist" and all related names, logos, product and service names, designs, and slogans are trademarks of Clearmist or its affiliates or licensors. You may not use such marks without the prior written permission of Clearmist. All other names, logos, product and service names, designs, and slogans on the Website are the trademarks of their respective owners.

3. User Content

3.1 User Contributions

The Website may contain message boards, chat rooms, personal web pages or profiles, forums, bulletin boards, comment sections, and other interactive features (collectively, "Interactive Services") that allow users to post, submit, publish, display, or transmit content or materials (collectively, "User Content") on or through the Website.

3.2 Grant of License

By providing any User Content on the Website, you grant us and our affiliates and service providers, and each of their and our respective licensees, successors, and assigns a non-exclusive, royalty-free, perpetual, irrevocable, and fully sublicensable right to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, perform, and display such User Content throughout the world in any media. You represent and warrant that:

• You own or control all rights in and to the User Content
• The User Content is accurate and not misleading or harmful
• The User Content does not violate these Terms, the law, or anyone's rights

3.3 Monitoring and Enforcement

We have the right, but not the obligation, to:

• Remove or refuse to post any User Content for any or no reason
• Take any action with respect to any User Content that we deem necessary or appropriate
• Disclose your identity or other information about you to any third party who claims that material posted by you violates their rights
• Take appropriate legal action for any illegal or unauthorized use of the Website
• Terminate or suspend your access to all or part of the Website for any violation of these Terms

4. Third-Party Links and Content

4.1 Third-Party Links

The Website may contain links to third-party websites or services that are not owned or controlled by Clearmist. We have no control over, and assume no responsibility for, the content, privacy policies, or practices of any third-party websites or services. You acknowledge and agree that Clearmist shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with the use of or reliance on any such content, goods, or services available on or through any such websites or services.

4.2 Third-Party Content

The Website may display content from third parties, including user-generated content and advertisements. This content is the sole responsibility of the person or entity that makes it available. We may review content to determine whether it is illegal or violates our policies, but we make no representations or warranties about the content's accuracy, reliability, completeness, or timeliness.

5. Disclaimer of Warranties

THE WEBSITE IS PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS. INNOVATIVE ENTREPRENEUR MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, AS TO THE OPERATION OF THE WEBSITE OR THE INFORMATION, CONTENT, MATERIALS, OR PRODUCTS INCLUDED ON THE WEBSITE. TO THE FULL EXTENT PERMISSIBLE BY APPLICABLE LAW, INNOVATIVE ENTREPRENEUR DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE.

INNOVATIVE ENTREPRENEUR DOES NOT WARRANT THAT THE WEBSITE, ITS SERVERS, OR E-MAIL SENT FROM INNOVATIVE ENTREPRENEUR ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. INNOVATIVE ENTREPRENEUR WILL NOT BE LIABLE FOR ANY DAMAGES OF ANY KIND ARISING FROM THE USE OF THE WEBSITE, INCLUDING, BUT NOT LIMITED TO, DIRECT, INDIRECT, INCIDENTAL, PUNITIVE, AND CONSEQUENTIAL DAMAGES.

6. Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY LAW, INNOVATIVE ENTREPRENEUR, ITS DIRECTORS, EMPLOYEES, AGENTS, SUPPLIERS, OR AFFILIATES SHALL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, INCLUDING WITHOUT LIMITATION, LOSS OF PROFITS, DATA, USE, GOODWILL, OR OTHER INTANGIBLE LOSSES, RESULTING FROM:

• YOUR ACCESS TO OR USE OF OR INABILITY TO ACCESS OR USE THE WEBSITE
• ANY CONDUCT OR CONTENT OF ANY THIRD PARTY ON THE WEBSITE
• ANY CONTENT OBTAINED FROM THE WEBSITE
• UNAUTHORIZED ACCESS, USE, OR ALTERATION OF YOUR TRANSMISSIONS OR CONTENT

WHETHER BASED ON WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE), OR ANY OTHER LEGAL THEORY, WHETHER OR NOT WE HAVE BEEN INFORMED OF THE POSSIBILITY OF SUCH DAMAGE, AND EVEN IF A REMEDY SET FORTH HEREIN IS FOUND TO HAVE FAILED OF ITS ESSENTIAL PURPOSE.

7. Indemnification

You agree to defend, indemnify, and hold harmless Clearmist, its affiliates, licensors, and service providers, and its and their respective officers, directors, employees, contractors, agents, licensors, suppliers, successors, and assigns from and against any claims, liabilities, damages, judgments, awards, losses, costs, expenses, or fees (including reasonable attorneys' fees) arising out of or relating to your violation of these Terms or your use of the Website, including, but not limited to, your User Content, any use of the Website's content, services, and products other than as expressly authorized in these Terms, or your use of any information obtained from the Website.

8. Governing Law and Jurisdiction

These Terms and your use of the Website shall be governed by and construed in accordance with the laws of the State of North Dakota, without regard to its conflict of law provisions. Any legal action or proceeding relating to your access to, or use of, the Website or these Terms shall be instituted in a state or federal court in North Dakota, and you agree to submit to the personal jurisdiction of such courts.

9. Changes to Terms

We reserve the right, at our sole discretion, to modify or replace these Terms at any time. If a revision is material, we will provide at least 30 days' notice prior to any new terms taking effect. What constitutes a material change will be determined at our sole discretion. By continuing to access or use our Website after any revisions become effective, you agree to be bound by the revised terms. If you do not agree to the new terms, you are no longer authorized to use the Website.

10. Termination

We may terminate or suspend your access to all or part of the Website, without notice, for any conduct that we, in our sole discretion, believe is in violation of these Terms or is harmful to other users of the Website, third parties, or the interests of Clearmist. Any termination of your access to the Website under any provision of these Terms may be effected without prior notice, and we may immediately deactivate or delete your account and all related information and files in your account and/or bar any further access to such files or the Website.

11. Severability

If any provision of these Terms is held to be invalid, illegal, or unenforceable for any reason, such provision shall be eliminated or limited to the minimum extent possible, and the remaining provisions of the Terms will continue in full force and effect.

12. Entire Agreement

These Terms, together with our Privacy Policy and any other legal notices or additional terms and conditions or policies published by Clearmist on the Website, shall constitute the entire agreement between you and Clearmist concerning the Website and supersede all prior or contemporaneous communications, whether electronic, oral, or written, between you and Clearmist with respect to the Website.

13. Contact Information