Terms and Conditions

Welcome to Clearbook.ai (together with its subdomains, Content, Marks and services, each as defined below, the “Website”). Please read these Terms of Use (the “Agreement”) carefully so that you are aware of your legal rights and obligations with respect to Clearbook Inc. (“Clearbook”, “we”, “our” or “us”). By accessing or using the Website, you acknowledge that you have read, understood, and agree to be bound by this Agreement and our Privacy Policy (incorporated by reference). If you do not agree, please do not access or use the Website. You hereby waive any rights to require non-electronic signatures or records, to the extent not prohibited by applicable law.

1. Modification

We may modify this Agreement at any time at our discretion. Changes are effective upon posting of the revised Agreement on the Website. Your continued use following such changes constitutes acceptance.

2. Ability to Accept

The Website is intended for individuals aged thirteen (13) or older. If you are under 13, do not use the Website. If you are between 13 and 18, you must review this Agreement with your parent or guardian to ensure both of you understand and agree to it.

3. Website Access

During the term of this Agreement, we grant you a personal, limited, non-exclusive, non-assignable, non-sublicensable, revocable right to access and use the Website for your personal, non-commercial use, subject to this Agreement. No other rights or licenses (including in any Intellectual Property Rights) are granted.

4. Restrictions

You shall not (and shall not permit or encourage any third party to):

1. copy or reproduce the Website;
2. sell, assign, lease, lend, rent, distribute, or make the Website available to any third party (including time-sharing, outsourcing, or service bureau uses);
3. modify, translate, decompile, disassemble, reverse engineer, decrypt, or otherwise attempt to discover the source code or non-literal aspects of the Website;
4. remove, alter, or conceal any copyright, trademark, or proprietary notice on or in the Website;
5. circumvent, disable, or interfere with security-related or technical features or protocols;
6. create derivative works of the Website or use it to develop a product or service that is the same as or substantially similar to, or competitive with, the Website;
7. publish or transmit any virus, malware, Trojan horse, spyware, or similar malicious item that may damage or disrupt the Website;
8. take any action that imposes (in our discretion) an unreasonable or disproportionately large load on our infrastructure or interferes with the integrity or proper working of the Website; and/or
9. use the Website to infringe, misappropriate, or violate any third party’s Intellectual Property Rights or any law.

5. Linking

You may link to the Website provided that: (i) you link to (but do not replicate) a page on this Website; (ii) the hyperlink text accurately describes the Content; (iii) you do not misrepresent your relationship with Clearbook or imply endorsement; (iv) you do not link from a website that prohibits linking to third parties; (v) the linking website does not contain offensive/controversial content or content that infringes Intellectual Property Rights; and (vi) you and your website comply with this Agreement and applicable law.

6. Intellectual Property Rights

7. Information Description

We attempt to be as accurate as possible, but we do not warrant that Content is accurate, complete, reliable, current, or error-free. We may change Content at any time without notice. Your use of Content is at your own risk.

8. Third Party Content

The Website may present or allow interaction with content from third parties and other sources not owned or controlled by us (“Third Party Content”). Display or communication of Third Party Content does not imply any sponsorship, endorsement, approval, or affiliation by or with Clearbook. We are not responsible for Third Party Content or any third party’s terms, privacy policies, actions, omissions, or practices. Review any third party terms before engaging with them.

9. Warranty Disclaimers

Applicable law may not allow the exclusion of certain warranties; to that extent, certain exclusions set forth herein may not apply.

THE WEBSITE (INCLUDING CONTENT AND MARKS) IS PROVIDED “AS IS” AND “AS AVAILABLE”, WITH ALL FAULTS, WITHOUT ANY REPRESENTATION, WARRANTY, GUARANTEE OR CONDITION OF ANY KIND, WHETHER EXPRESS, IMPLIED OR STATUTORY, INCLUDING IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, SATISFACTORY QUALITY, QUIET POSSESSION, TITLE, QUALITY OF SERVICE, NON-INFRINGEMENT, OR ARISING FROM COURSE OF DEALING OR USAGE OF TRADE. WE WILL NOT BE RESPONSIBLE FOR CONSEQUENCES RESULTING FROM INTERNET TECHNICAL PROBLEMS, SLOW CONNECTIONS, TRAFFIC CONGESTION, OR SERVER OVERLOADS.

WITHOUT LIMITATION, NEITHER CLEARBOOK NOR ITS LICENSORS OR SUPPLIERS WARRANT: (A) THE EFFECTIVENESS, USEFULNESS, RELIABILITY, AVAILABILITY, TIMELINESS, ACCURACY, OR COMPLETENESS OF THE WEBSITE; (B) THAT YOUR USE OF OR RELIANCE UPON THE WEBSITE WILL MEET REQUIREMENTS OR EXPECTATIONS; (C) THAT THE WEBSITE WILL BE UNINTERRUPTED, SECURE, ERROR-FREE OR VIRUS-FREE, OR THAT DEFECTS WILL BE CORRECTED; OR (D) COMPLIANCE WITH ANY GOVERNMENT REGULATIONS OR STANDARDS. CLEARBOOK MAKES NO REPRESENTATIONS AS TO THE SECURITY OF ANY INFORMATION YOU PROVIDE OR ACTIVITIES YOU ENGAGE IN VIA THE WEBSITE.

CLEARBOOK IS NOT AN INSURANCE COMPANY NOR AN INSURANCE BROKER.

10. Limitation of Liability

IN NO EVENT SHALL CLEARBOOK OR ITS LICENSORS OR SUPPLIERS BE LIABLE UNDER, OR IN CONNECTION WITH, THIS AGREEMENT FOR: (I) ANY CONSEQUENTIAL, INDIRECT, SPECIAL, INCIDENTAL, OR PUNITIVE DAMAGES; (II) ANY LOSS OF PROFITS, BUSINESS, REVENUE, OR ANTICIPATED SAVINGS; (III) ANY LOSS OF OR DAMAGE TO DATA, REPUTATION, OR GOODWILL; AND/OR (IV) THE COST OF PROCURING SUBSTITUTE GOODS OR SERVICES.

THE AGGREGATE LIABILITY OF CLEARBOOK UNDER, OR IN CONNECTION WITH, THIS AGREEMENT SHALL NOT EXCEED THE LOWER OF: (A) FIVE U.S. DOLLARS (US $5), AND (B) THE AMOUNTS ACTUALLY PAID BY YOU (IF ANY) TO CLEARBOOK DURING THE THREE (3) MONTHS IMMEDIATELY PRECEDING THE DATE OF YOUR CLAIM.

THESE EXCLUSIONS AND LIMITATIONS APPLY TO THE MAXIMUM EXTENT PERMITTED BY LAW, EVEN IF CLEARBOOK WAS ADVISED OF THE POSSIBILITY OF SUCH LOSSES, IF ANY REMEDY FAILS OF ITS ESSENTIAL PURPOSE, AND REGARDLESS OF THE THEORY OF LIABILITY. SOME JURISDICTIONS DO NOT ALLOW CERTAIN EXCLUSIONS/LIMITATIONS; TO THAT EXTENT, SUCH PROVISIONS MAY NOT APPLY. NOTHING HEREIN EXCLUDES OR LIMITS LIABILITY FOR DEATH OR PERSONAL INJURY RESULTING FROM NEGLIGENCE, OR FOR FRAUD OR FRAUDULENT MISREPRESENTATION.

11. Indemnity

You agree to defend, indemnify, and hold harmless Clearbook, its affiliates, and their respective officers, directors, employees, and agents from and against any claims, damages, losses, liabilities, costs, and expenses (including attorneys’ fees) arising from: (i) your use of or inability to use the Website; or (ii) your breach of this Agreement.

12. Term and Termination

This Agreement commences on the Effective Date and continues until terminated in accordance herewith. We may immediately terminate this Agreement or modify, suspend, or discontinue your access to the Website (or any part) at any time for any reason without notice or liability. You may terminate at any time by ceasing use of the Website.

Consequences & Survival. Upon termination, your right to access and use the Website immediately terminates. Sections 6 (Intellectual Property Rights) through 19 (Entire Agreement) survive termination. Termination does not affect rights and obligations accrued as of the effective date of termination.

13. Independent Contractors

You and Clearbook are independent contractors. Nothing herein creates a partnership, joint venture, agency, or employment relationship. You must not make any warranties, representations, commitments, or obligations on behalf of Clearbook.

14. Assignment

Clearbook may assign this Agreement (or any rights/obligations hereunder) without your consent or notice. This Agreement is personal to you, and you may not assign or transfer it without Clearbook’s prior written consent. Any prohibited assignment is null and void.

15. Governing Law and Jurisdiction

This Agreement (including its validity and formation) is governed by the laws of the State of Israel, without regard to conflict of laws rules. The U.N. Convention on Contracts for the International Sale of Goods and the Uniform Computer Information Transactions Act do not apply. The competent courts of Tel-Aviv–Yafo have exclusive jurisdiction over disputes arising out of or related to this Agreement.

16. Severability

If any provision is held invalid, illegal, or unenforceable, the remaining provisions remain in full force and effect. The affected provision shall be ineffective solely in such jurisdiction (to the extent and for the duration of such invalidity/unenforceability) and substituted with a valid, legal, and enforceable provision that most closely reflects the original intent and economic impact.

17. Remedies

Except as expressly stated, no right or remedy under this Agreement is exclusive of any other, at law or equity; all are cumulative.

18. Waiver

No failure or delay in exercising any right or remedy constitutes a waiver. Any waiver must be in writing (emails acceptable for waivers by you; for Clearbook, signed by an authorized representative) and is valid only for the specific instance given.

19. Entire Agreement

This Agreement represents the entire agreement between you and Clearbook regarding the subject matter and supersedes all prior and contemporaneous agreements, understandings, and statements. You acknowledge that you have not relied on any statement not expressly set out herein (for example, FAQs or marketing materials are for convenience only and are not binding).