End User License Agreement
This Smartphone Application End User License Agreement (“Agreement”) applies to the smartphone and smart tablet application iClearIt , iClearAnxiety , and iClearSelfCriticism (“Application”) provided by iClearIt , LLC (“Licensor”).
Acceptance of Terms and Conditions
By continuing to use the Application, you agree as follows:
You understand and intend that this Agreement is a legally binding agreement and the equivalent of a signed, written contract;
You will use the Application in a manner consistent with applicable laws and regulations and in accordance with the terms and conditions in this Agreement; and You understand, accept, and have received this Agreement and its terms and conditions, and acknowledge and demonstrate that you can access this Agreement.
If you do not agree with the terms and conditions in this Agreement, please discontinue all further use of the Application and delete it from your device.
Scope of License. Licensor grants you a single, non-exclusive, non-transferable and limited personal license to access and use the Application on any iPhone or iPod Touch or iPad that you own or control and as permitted by the Usage Rules set forth in Section 9.b. of the App Store Terms and Conditions (the “Usage Rules”). This license is conditioned on your continued compliance with the terms and conditions in this Agreement and the Usage Rules. You may not rent, lease, lend, sell, transfer, redistribute, or sublicense the Application and, if you sell or otherwise transfer a device on which the application is installed to a third party, you must remove the Application from such device before doing so. You may not distribute or make the Application available over a network where it could be used by multiple devices at the same time. You may not copy, decompile, reverse-engineer, disassemble, attempt to derive the source code of, modify, or create derivative works of the Application, any updates, or any part thereof (except as and only to the extent that any foregoing restriction is prohibited by applicable law or to the extent as may be permitted by the licensing terms governing use of any open-sourced components included with the Application). Any attempt to do so is a violation of the rights of the Licensor. If you breach these restrictions, you may be subject to prosecution and damages. The terms of this Agreement will govern any upgrades provided by Licensor that replace and/or supplement the original Application, unless such upgrade is accompanied by a separate license in which case the terms of that license will govern.
Consent to Use of Information. Any communications or material of any kind that you email, post, or otherwise transmit to Licensor using the Application, including data, questions, comments, or suggestions (your “Communications”) will become the property of Licensor. You hereby grant a license to Licensor to use any ideas, concepts, know-how, or techniques contained in your Communications for any purpose including, but not limited to, developing and marketing products using such information.
Maintenance and Support. Licensor is solely responsible for providing any maintenance and support services with respect to the Application, as specified in the Agreement. You and Licensor expressly acknowledge that Apple has no obligation whatsoever to furnish any maintenance and support services with respect to the Application.
Questions.Any questions, complaints or claims with respect to the Application, shall be directed to iClearIt by sending an email to: support@iClearIt.com. You and Licensor acknowledge that Licensor (not Apple, Inc.) is responsible for addressing any claims by you or any third party relating to the Application or your possession and/or use of the Application, including, but not limited to: (i) product liability claims; (ii) any claim that the Application fails to conform to any applicable legal or regulatory requirement; and (iii) claims arising under consumer protection or similar legislation.
Termination. The license is effective until terminated by you or Licensor. Your rights under this license will terminate automatically without notice from the Licensor if you fail to comply with any term(s) of this license. Upon termination of the license, you shall cease all use of the Application, and destroy all copies, full or partial, of the Application.
Electronic. You agree to be bound by any affirmance, assent, or agreement you transmit to Licensor using the Application, including but not limited to any consent you give to receive communications from Licensor solely through electronic transmission. You agree that, when in the future you click on an “I agree,” “I consent” or other similarly worded “button” or entry field in the Application, your agreement or consent will be legally binding and enforceable and the legal equivalent of your handwritten signature.
Carrier Charges. Your carrier’s data rates may apply to your use of the Application.
Use of Licensor Services. The following requirements apply to your use of the Application:
You will not use any electronic communication feature of the Application for any purpose that is unlawful, tortious, abusive, intrusive on another’s privacy, harassing, libelous, defamatory, embarrassing, obscene, threatening, or hateful.
You will not use the Application to upload, post, reproduce, or distribute any information, software, or other material protected by copyright or any other intellectual property right (as well as rights of publicity and privacy) without first obtaining the permission of the owner of such rights.
You will not collect or store personal data about other users of the Application.
You will not use the Application for any commercial purpose not expressly approved by Licensor in writing. You will not use the Application to upload, post, email, or otherwise transmit any advertising or promotional materials, including without limitation, “junk mail,” “surveys,” “spam,” “chain letters,” “pyramid schemes,” or any other form of solicitation or unauthorized communication.
You will not upload, post, email, or otherwise transmit any material that contains viruses or any other computer code, files, or programs which might interrupt, limit, or interfere with the functionality of any computer software or hardware or telecommunications equipment.
You will not use the Application when you are driving a motor vehicle, even if doing so is legally permitted in your location.
Security of Data Transmission and Storage. Electronic communications using the Application may not always be encrypted. You acknowledge that there is a risk that data, including email, electronic communications, and personal data, may be accessed by unauthorized third parties when communicated between you and Licensor or between you and other parties.
Licensor and its affiliates, and agents are permitted, but not obligated, to review or retain your Communications. Licensor may monitor your Communications to evaluate the quality of service you receive, your compliance with the Agreement, the security of the Application, or for other reasons. You agree that such monitoring activities will not entitle you to any cause of action or other right with respect to the manner in which Licensor or its affiliates or agents monitor your Communications and enforces or fails to enforce the terms of the Agreement. In no event will Licensor or any of its affiliates or agents be liable for any costs, damages, expenses, or any other liabilities incurred by you as a result of monitoring activities by Licensor or its affiliates or agents.
Hyperlinks. The Application may contain links to other sites. Licensor does not control such other sites, and Licensor and its affiliates and agents make no representations whatsoever concerning the content, accuracy, security or privacy of those sites. The fact that Licensor has provided a link to a site is not an endorsement, authorization, sponsorship, or affiliation with respect to such site, its owners or its providers. There are risks in using any information, software, or products found on the Internet, and Licensor cautions you to make sure you understand these risks before retrieving, using, relying upon, or purchasing anything via the Internet. You agree that under no circumstances will you hold Licensor or its affiliates or agents liable for any loss or damage caused by use of or reliance on any content, goods, or services available on other sites.
Trademarks and Copyrights. The Application is owned by Licensor or its affiliates or agents, and is protected by United States copyright laws and international treaty provisions. All content, trademarks, services marks, trade names, logos, and icons are proprietary to Licensor or its affiliates or agents. Nothing contained in the Application should be construed as granting, by implication, estoppel, or otherwise, any license or right to use any trademark displayed in the Application without the written permission of Licensor or such third party that may own the trademarks displayed in the Application. Your use of the trademarks displayed in the Application, or any other content in the Application, except as provided herein, is strictly prohibited.
Images displayed through the Application are either the property of, or used with permission by, Licensor or its affiliates or agents. You are prohibited from using or authorizing the use of these images unless specifically permitted under the Agreement. Any unauthorized use of the images may violate copyright laws, trademark laws, the laws of privacy and publicity, or other regulations and statutes.
You and Licensor acknowledge that, in the event of any third party claim that the Application or your possession and use of the Application infringes that third party’s intellectual property rights, Licensor, not Apple, will be solely responsible for investigation, defense, settlement, and discharge of any such intellectual property infringement claim.
Disclaimer of Warranties
YOU EXPRESSLY ACKNOWLEDGE AND AGREE THAT YOUR USE OF THE APPLICATION IS ENTIRELY AT YOUR SOLE RISK. THE APPLICATION IS PROVIDED BY LICENSOR ON AN “AS IS” BASIS. LICENSOR 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. LICENSOR MAKES NO WARRANTY THAT (i) THE APPLICATION WILL MEET YOUR REQUIREMENTS, (ii) THAT OPERATION OF THE APPLICATION WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE, OR (iii) THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE APPLICATION WILL BE ACCURATE OR RELIABLE. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM LICENSOR, OR THROUGH THE APPLICATION SHALL CREATE ANY WARRANTY REGARDING THE APPLICATION NOT EXPRESSLY STATED IN THIS AGREEMENT.
Limitation of Liability.
YOU EXPRESSLY UNDERSTAND AND AGREE THAT LICENSOR SHALL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES, INCLUDING BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, GOODS, GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES (EVEN IF OWNER HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), RESULTING FROM THE USE OR THE INABILITY TO USE THE APPLICATION OR ANY OTHER MATTER RELATING TO THE APPLICATION.
Indemnification. You agree to indemnify and hold Licensor and its affiliates, agents, employees, and licensors harmless from any claim, demand, loss, costs, or expense, including attorneys’ fees, made by any person arising out of your violation of this Agreement, state or federal securities laws or regulations, or any other person’s rights, including but not limited to infringement of any copyright or violation of any proprietary or privacy right. Under no circumstances, including but not limited to a negligent act, will Licensor or its affiliates or agents be liable for any damages of any kind that result from the use of, or the inability to use, the Application.
Governing Law.The Agreement, and all future agreements you shall enter into with Licensor, unless otherwise indicated on such other agreement, shall be governed by the law of the State of California, without regard to conflicts of law principles thereof. This is the case regardless of whether you reside or transact business with Licensor or any of its affiliates or agents in the State of California or elsewhere. Unless a dispute would be governed by an applicable arbitration clause, you agree to submit to the personal and exclusive jurisdiction of the courts located within the county of San Mateo. If any part of this Agreement is unlawful, void, or unenforceable, that part will be deemed severable and will not affect the validity and enforceability of any remaining provisions.
Legal Compliance.You may not use or otherwise export or re-export the Application except as authorized by United States law and the laws of the jurisdiction in which the Application was obtained. In particular, but without limitation, the Application may not be exported or re-exported (a) into any U.S. embargoed countries or (b) to anyone on the U.S. Treasury Department’s list of Specially Designated Nationals or the U.S. Department of Commerce Denied Person’s List or Entity List. By using the Application, you represent and warrant that you are not located in any such country or on any such list. You also agree that you will not use these products for any purposes prohibited by United States law, including, without limitation, the development, design, manufacture or production of nuclear, missiles, or chemical or biological weapons.
Third Party Beneficiary. You and Licensor acknowledge and agree that Apple, and Apple’s subsidiaries, are third party beneficiaries of the Agreement, and that, upon your acceptance of the terms and conditions of the Agreement, Apple will have the right (and will be deemed to have accepted the right) to enforce the Agreement against you as a third party beneficiary hereof.
Miscellaneous. This Agreement constitutes the entire agreement between you and Licensor regarding the Application, and governs your use of the Application, superseding any prior agreements between you and Licensor regarding the Application. If any provision of this Agreement shall be held invalid under law, such invalidity shall not affect any other provision or provisions hereof which are otherwise valid. The failure of Licensor to enforce any provision in this Agreement shall not constitute a waiver of such provision or any other provision.
Categories of Information We Collect:
I. Information You Provide to Us. When you use the Application, place an order, open an account, participate in a questionnaire, register for updates or membership, communicate with customer service, or send us an email, you provide us with information that we collect. Such information may include your name, address, phone number, credit card information, and purchase history.
II. Other Information We Receive and Store. We also receive information from you as a result of your visiting our website, sending us emails including your IP address, your email address, your browser type and version, your operating system and platform, your purchase history, products you view, products you search for, length of visits to pages and other browser interaction information.
III. Use and Disclosure of Information We Collect. This application collects responses into a database used for statistical and anecdotal research. User data is kept confidential and is not shared with any other organization.
We may disclose your information to third parties only as reasonably required to fulfill your orders and collect sums due us (such as to shippers and credit card processors), to protect the rights and safety of us, our shareholders, members, employees and customers (such as to legal representatives and law enforcement) as you expressly permit and as required by law (such as the result of a court subpoena). We may transfer your information in the event of the sale of substantially all of the assets of our business to a third-party or in the event of a merger, consolidation or acquisition. However, in such event, any acquirer will be subject to the provisions of our commitments to you.
AS AN EXPRESS CONDITION TO USING THE ICLEARIT, ICLEARANXIETY, OR ICLEARSELFCRITICISM APPLICATION (“APPLICATION”), YOU UNDERSTAND AND AGREE TO THE FOLLOWING TERMS:
I. The Application serves as an exploration of human consciousness. Its sole intention is to increase your awareness of information and experience that already exists inside of you, the user.
II. THE CONTENT ON THE APPLICATION IS NOT INTENDED IN ANY WAY TO BE A SUBSTITUTE FOR PROFESSIONAL MEDICAL ADVICE. ALWAYS SEEK THE ADVICE OF YOUR PHYSICIAN OR OTHER QUALIFIED HEALTH PROVIDER WITH ANY QUESTIONS YOU MAY HAVE REGARDING A MEDICAL CONDITION. NEITHER THE CONTENT NOR ANY OTHER PRODUCT OR SERVICE OFFERED BY OR THROUGH THE APPLICATION IS INTENDED TO BE RELIED UPON FOR MEDICAL DIAGNOSIS OR TREATMENT. NEVER DISREGARD MEDICAL ADVICE OR DELAY IN SEEKING IT BECAUSE OF SOMETHING YOU HAVE READ ON THE APPLICATION OR EXPERIENCED DURING USE OF THE APPLICATION. IN AN EMERGENCY CALL 911 OR YOUR LOCAL EMERGENCY
III. THE APPLICATION IS NOT INTENDED TO TREAT OR CURE ANY PHYSICAL, MENTAL, EMOTIONAL, OR MEDICAL CONDITION. IF THE CONDITION YOU ARE EXPLORING DOES NOT CLEAR UP AFTER USING THIS APPLICATION, SEE A DOCTOR OR OBTAIN ADVICE FROM A LICENSED MEDICAL OR MENTAL HEALTH PROFESSIONAL.
IV. THERE MAY BE RISKS ASSOCIATED WITH THE USE OF THIS APPLICATION FOR PEOPLE IN POOR MENTAL OR EMOTIONAL HEALTH, OR WITH PRE-EXISTING PHYSICAL OR MENTAL HEALTH CONDITIONS. IF YOU HAVE BEEN DIAGNOSED WITH ANY MENTAL HEALTH OR PSYCHIATTRIC CONDITION, DO NOT USE THIS APPLICATION WITHOUT FIRST GETTING APPROVAL FROM YOUR LICENSED DOCTOR OR MENTAL HEALTH PROFESSIONAL.
V. THIS APPLICATION IS NOT INTENDED TO TAKE THE PLACE OF MEDICAL, PSYCHIATRIC, OR THERAPEUTIC EVALUATIONS OR RECOMMENDATIONS AS PROVIDED BY LICENSED MEDICAL PROFESSIONALS. IF YOU ARE UNDER THE CARE OF A DOCTOR OR MENTAL HEALTH PROFESSIONAL, PLEASE CONTINUE TO FOLLOW THEIR ADVICE, INCLUDING TAKING ANY PRESCRIBED MEDICATION.
VI. If you choose to utilize this Application yourself, or with others, you agree to take full responsibility for its use and for any results or consequences of that use. iClearIt, LLC does not accept any responsibility for any choices you, the user, make, based upon information discovered by you during your use of this Application, nor any conclusions you may come to after using this Application.
VII. You may have many different kinds of experiences during use or after using the Application, all of which are already within you. For example, you may experience the lifting, shifting, or disappearance of physical, mental, emotional, or spiritual energies, sensations, or experiences. You may gain insights you were not previously aware of. You are free to make your own choices as to what to do with the information gleaned during use of this Application, since it already belongs to you. iClearIt, LLC does not warrant or guarantee results of any kind.
VIII. This Application collects responses into a database used for statistical and anecdotal research. User data is kept confidential and is not shared with any other organization.
If you have questions or comments about this User Agreement, write to firstname.lastname@example.org.