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Terms Of Use

THIS SITE AND RELATED SERVICES ARE PROVIDED SUBJECT TO YOUR COMPLIANCE WITH THE TERMS AND CONDITIONS SET FORTH BELOW. PLEASE READ THE FOLLOWING INFORMATION CAREFULLY. THESE TERMS INCLUDE AN AGREEMENT TO MANDATORY ARBITRATION, A CLASS ACTION WAIVER AND A JURY WAIVER. YOUR CONTINUED USE OF THIS SITE WILL INDICATE YOU’RE TO BE BOUND BY THE TERMS AND CONDITIONS SET FORTH BELOW. IF YOU DO NOT AGREE TO BE BOUND BY THE TERMS AND CONDITIONS, PROMPTLY EXIT THIS SITE.

By using this site, you agree to represent that you are 21 years old or older.

Thank you for visiting Tree Base Klear’s web site. We have set up some ground rules to ensure that we can keep this area useful, fun, and safe for everyone. Tree Base Klear reserves the right to change these guidelines and disclaimers at any time, and you agree that each visit you make to the Tree Base Klear web site shall be subject to the current guidelines.

We reserve the right to change or modify any of the terms and conditions contained in the Terms and Conditions of Use, guidelines and rules from time to time at any time, without notice, and in Tree Base Klear’s sole discretion. If Tree Base Klear decides to change these Terms and Conditions of Use, we will post a new version on the Site and update the date set forth above. Any changes or modifications to these Terms and Conditions of Use, guidelines or rules will be effective upon posting of the revisions. Your continued use of the Site following posting of any changes or modifications constitutes your acceptance of such changes or modifications and if you do not agree with these changes or modifications, you must immediately cease using this Site. For this reason, you should frequently review these Terms of Use, our guidelines and rules and any other applicable policies, including their dates, to understand the Terms and Conditions that apply to your use of the Site.

Restrictions on Use

All pages within this Website www.treebaseklear.com and any material made available for download (collectively the “Site”) are the property of Tree Base Klear (“Tree Base Klear”) and/or its affiliates and any services provided in connection with the Site, applications and software provided online through or in connection with the service, including a tablet and/or mobile device shall collectively be referred to as “Service”. The Site is protected by federal and international copyright and trademark laws. No portion of the materials on these pages may be reprinted, republished, modified, or distributed in any form without the express written permission of Tree Base Klear. The Site is for your own personal use or the internal use of your business. You shall keep intact any proprietary notices, including copyright notices, contained on any downloaded materials and shall comply with any applicable end user license agreements.

Any rights not expressly granted by these Terms and Conditions or any applicable end user license agreements are reserved by Tree Base Klear.

By using this Site, you signify your agreement to these Terms and Conditions of Use, our Privacy Policy and our guidelines and rules, whether or not you have read them and/or are a registered user of our Service. If you do not agree with any of these, you should not use our Site.

California Use Only

This Site is controlled and operated by Tree Base Klear from its offices in the State of California. Tree Base Klear makes no representation that any of the materials or access which you have been given are available or appropriate for use in other locations. Your use of or access to the Site should not be construed as Tree Base Klear’s purposefully availing itself of the benefits or privilege of doing business in any other state or jurisdiction other than California.

Privacy Policy

Protecting your privacy is very important to us. Please review our Privacy Policy in order to better understand our commitment to maintaining your privacy, as well as our use and disclosure of your information. Our privacy policy is expressly incorporated into this Terms and Conditions of Use by reference.

Account Information

You must create an account and provide certain information about yourself (become a “Member”) in order to use some of the features that are offered through the Service. You can create a Member account either by direct registration on the Service, or via a social login from your authorized social networking service account (Facebook or Google+, each an “SNS”). If you wish to access the Service via your SNS credentials, you must have a valid account on the SNS through which you connect to the Service, which will then enable you to complete registration on the Service. Your membership account gives you access to the services and functionality that we may establish and maintain from time to time and in our sole discretion. You may use your account settings to control your Member Profile.

When you sign up to become a Member, you must complete the registration process by providing the complete and accurate information requested on the registration form. You may also be asked to provide your email address, as well as choose a user name and password. Member accounts are limited to one account per person. You may not create or use an account for anyone other than yourself, provide an email address other than your own, or create multiple Membership Accounts. Additionally, you may not impersonate someone else.

You are entirely responsible for maintaining the confidentiality of your password. You may not use the account, username, or password of someone else at any time. You agree to notify Tree Base Klear immediately of any unauthorized use of your account, user name, or password. You are solely responsible for any and all use of your account, and the activity that occurs on your account.

Tree Base Klear shall not be liable for any loss that you incur as a result of someone else using your password, either with or without your knowledge. You may be held liable for any losses incurred by the Tree Base Klear, its affiliates, officers, directors, employees, consultants, agents, and representatives due to someone else’s use of your account or password.

By providing Tree Base Klear with your email address, you consent to our use of the email address to send you Service-related notices, including, among other things, notices required by law, in lieu of postal mail. We may also use your email address to send you other messages, including changes to Service features, marketing messages, and special offers. If you do not want to receive such email messages, you may opt out by clicking on the “unsubscribe” link at the bottom of the email, sending us an email at legal@treebaseklear.com or by sending mail to the following postal address:
Tree Base Klear, Attn: Customer Support, 645 W. 9th St, Unit# 110-833, Los Angeles, CA 90015. Opting out may prevent you from receiving email messages regarding updates, improvements, or special offers.

Trademark Notice

All Intellectual property including logos, trademarks, and service marks are the property of Tree Base Klear. All other trademarks, service marks and logos used in this Site are the trademarks, service marks or logos of their respective owners.

Site Content Copyrighted

The contents of the Tree Base Klear Web site pages, including, but not limited to text, graphics, and icons, are copyrighted materials owned or controlled by Tree Base Klear and contain Tree Base Klear ‘s name, trademarks, service marks, and trade names. You may download one copy of these materials on any single computer and print a copy of the materials for your use in learning about, evaluating, or acquiring Tree Base Klear services or products. No other permission is granted to you to print, copy, reproduce, distribute, transmit, upload, download, store, display in public, alter, or modify these materials. No permission is granted here to you to use Tree Base Klear icons, site address, or other means to hyperlink other Internet sites with any page in the Tree Base Klear Web site, and Tree Base Klear assumes no responsibility for any other party’s site hyperlinked to the Tree Base Klear Web site or in which any part of the Tree Base Klear Web site has been hyperlinked.

No Responsibility for Links

The Tree Base Klear Web site contains links to and frames of sites which are not maintained by Tree Base Klear. While we try to include only links to or frames of those sites which are in good taste and safe for our visitors, we are not responsible for the content of those sites and cannot guarantee that sites will not change without our knowledge, and inclusion of such links and frames in the Tree Base Klear Web site does not imply Tree Base Klear’s endorsement of the linked or framed sites or their content.

General Disclaimer

All data, software, and documentation in Tree Base Klear ‘s Web site are provided “as is” without warranty of any kind, either expressed or implied. Tree Base Klear, its affiliates, agents and licensors cannot and do not warrant the accuracy, completeness, noninfringement, merchantability or fitness of any information contained on this site.

Warranty Disclaimer

THIS SITE, INCLUDING ANY CONTENT OR INFORMATION CONTAINED WITHIN IT OR ANY SITE-RELATED SERVICE, IS PROVIDED “AS IS,” WITH ALL FAULTS, WITH NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EITHER EXPRESSED OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NONINFRINGEMENT. YOU ASSUME TOTAL RESPONSIBILITY AND RISK FOR YOUR USE OF THIS SITE, SITE-RELATED SERVICES, AND HYPERLINKED WEBSITES.

TREE BASE KLEAR, ITS AFFILIATES AND ITS SPONSORS ARE NEITHER RESPONSIBLE NOR LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, EXEMPLARY, PUNITIVE, OR OTHER DAMAGES ARISING OUT OF OR RELATING IN ANY WAY TO THE SITE, SITE-RELATED SERVICES, CONTENT OR INFORMATION CONTAINED WITHIN THE SITE, AND/OR ANY HYPERLINKED WEBSITE. YOUR SOLE REMEDY FOR DISSATISFACTION WITH THE SITE, SITE-RELATED SERVICES, AND/OR HYPERLINKED WEBSITES IS TO STOP USING THE SITE AND/OR THOSE SERVICES.

This disclaimer of liability applies to any damages or injury caused by any failure of performance, error, omission, interruption, deletion, defect, delay in operation or transmission, computer virus, communication line failure, theft or destruction or unauthorized access to, alteration of, or use of record, whether for breach of contract, tortious behavior, negligence, or under any other cause of action. You specifically acknowledge that Tree Base Klear is not liable for your defamatory, offensive, infringing or illegal materials or conduct, or that of third parties, and Tree Base Klear reserves the right to remove such materials from the Tree Base Klear Web site without liability.

Inaccuracies, Errors and Currentness of Information

Although Tree Base Klear attempts to ensure the integrity and accurateness of the Site, it makes no guarantees whatsoever as to the correctness or accuracy of the Site. It is possible that the Site could include inaccuracies or errors, and that unauthorized additions, deletions and alterations could be made to the Site by third parties.

The information published on this Site was valid at the time of publication. Tree Base Klear reserves the right to make changes and improvements at any time and without notice, and assumes no liability for damages incurred directly or indirectly as a result of errors, omissions or discrepancies.

In the event that an inaccuracy arises, please inform Tree Base Klear so that it can be corrected. Information contained on the Site may be changed or updated without notice.

Confidential and Proprietary Information

Tree Base Klear does not want to receive confidential or proprietary information from you through the Site. Please note that any information or material sent to Tree Base Klear through the Site will be deemed NOT to be confidential. By sending Tree Base Klear any information or material, you grant Tree Base Klear unrestricted, irrevocable, world-wide, royalty free license to use, reproduce, display, perform, modify, transmit, and distribute those materials or information, and you also agree that Tree Base Klear is free to use any ideas, concepts, know-how, or techniques that you send us for any purpose.

Indemnity

YOU AGREE TO DEFEND, INDEMNIFY AND HOLD HARMLESS TREE BASE KLEAR (AND ITS OFFICERS, DIRECTORS, AGENTS, SUBSIDIARIES, JOINT VENTURES, EMPLOYEES AND THIRD-PARTY SERVICE PROVIDERS), FROM ALL CLAIMS, DEMANDS, LOSSES, LIABILITIES, COSTS, EXPENSES, OBLIGATIONS AND DAMAGES OF EVERY KIND AND NATURE, KNOWN AND UNKNOWN, INCLUDING REASONABLE LEGAL FEES, ARISING OUT OF (A) YOUR USE OF AND ACCESS TO THE SITE; (B) YOUR VIOLATION OF ANY TERM OF THESE TERMS OF USE; (C) A BREACH OF YOUR REPRESENTATIONS AND WARRANTIES SET FORTH ABOVE REGARDING CONTENT; (D) YOUR VIOLATION OF ANY LAW OR THE RIGHTS OF A THIRD PARTY (INCLUDING, WITHOUT LIMITATION, ANY COPYRIGHT, PROPERTY OR PRIVACY RIGHT); OR (E) ANY CLAIM THAT ANY CONTENT YOU SUBMITTED CAUSED DAMAGE TO A THIRD PARTY. THIS INDEMNIFICATION OBLIGATION WILL SURVIVE THE TERMINATION OF THESE TERMS OF USE AND YOUR USE OF THE SITE.

Links to Our Site

If you desire to provide a hyperlink from your Website to our Site, you must agree to be bound by the terms of our Hyperlink License Agreement. Please contact us at legal@treebaseklear.com regarding our hyperlinking policies and procedures.

Links or Pointers to Other Sites

Tree Base Klear makes no representations whatsoever about any other Website that you may access though this Site. When you access a non-Tree Base Klear Website, please understand that it is independent from Tree Base Klear, and that Tree Base Klear has no control over the content on that Website. In addition, a hyperlink to a non-Tree Base Klear Website does not mean that Tree Base Klear endorses or accepts any responsibility for the content, or the use, of the linked site. It is up to you to take precautions to ensure that whatever you select for your use or download is free of such items as viruses, worms, trojan horses, and other items of a destructive nature.

Choice of Law and Venue

These Terms and Conditions are entered into in the State of California and shall be governed by and construed in accordance with the laws of the State of California exclusive of its choice of law rules.

Agreement to Arbitrate

Except for disputes brought in small claims court, all disputes between you and Tree Base Klear arising out of, relating to, or in connection with the Site or Services shall be determined by arbitration in the County and City of Los Angeles, California before one arbitrator. The arbitration shall be administered by JAMS pursuant to its Comprehensive Arbitration Rules and Procedures. The JAMS rules are available at www.jamsadr.com. Judgment on the award may be entered in any court having jurisdiction. If this arbitration provision is found unenforceable or to not apply for a given dispute, then the proceeding must be brought exclusively in a court of competent jurisdiction in the County and City of Los Angeles, California. You hereby accept exclusive jurisdiction of such court for this purpose.

OPT-OUT PROCEDURE FOR ARBITRATION: If you are a new Tree Base Klear customer, you can choose to reject this arbitration agreement by emailing us or mailing us a written opt-out notice. The opt-out notice must be postmarked no later than 30 days after the date you accept this user agreement for the first time. You must email the opt-out notice to legal@treebaseklear.com or mail us at Tree Base Klear, 645 W. 9th St, Unit# 110-833, Los Angeles, CA 90015, Attn: Arbitration Opt-Out. If you are not a new user of the Site and/or Service, you have until 30 days after the posting of the new terms to submit an arbitration opt-out notice. In order to opt out, you must email your name, address (including street address, city state and zip code) and email address associated with your Member account to which the opt-out applies to: legal@treebaseklear.com. This procedure if the only way you can opt-out of the agreement to arbitrate. If you opt out of the agreement to arbitrate, all other parts of these Terms and Conditions of Use will continue to apply to you. Opting out of this agreement to arbitrate has no effect on any previous, other or future arbitration agreements you may have with us.

Class Action Waiver

Any dispute resolution proceedings, whether in arbitration or court, will be conducted only on an individual basis and not in a class or representative action or as a named or unnamed member in a class, consolidated, representative or private attorney general legal action.

Your access and continued use of the Site signifies your explicit consent to this waiver.

Severability Waiver

With the exception of the provisions in the Class Action Waiver section above, if a court decides that any part of the agreement to arbitrate is invalid or unenforceable, the other parts of the agreement to arbitrate shall still apply. If a court decides that any of the provisions of the Class Action Waiver section above is invalid or unenforceable because it would prevent the exercise of a non-waivable right to pursue public injunctive relief, then any dispute regarding the entitlement to such relief (and only that relief) must be severed from arbitration and may be litigated in court. All other disputes subject to arbitration under the terms of the agreement to arbitrate shall be arbitrated under its terms.

If, for whatever reason, a court of competent jurisdiction finds any term or condition in these Terms and Conditions of Use to be unenforceable, all other terms and conditions will remain unaffected and in full force and effect. No waiver of any breach of any provision of these Terms and Conditions of Use shall constitute a waiver of any prior, concurrent, or subsequent breach of the same or any other provisions hereof.

Entire Agreement

These Terms and Conditions of Use constitute the entire agreement between Tree Base Klear and you pertaining to the subject matter of this Agreement. In its sole discretion, Tree Base Klear may modify these Terms and Conditions of Use by posting the revised version on this Site and/or by electronic mail to your e-mail address on record in company’s account information and you agree that each visit by you to this Site is a new transaction governed by the terms of use linked on this Site at that time. Continued use of the Site after any such changes shall constitute your consent to changes.

No Unlawful or Prohibited Purpose

As a condition of your use of the Site and Services, you warrant to Tree Base Klear that you will not use the Site or Services for any purpose that is unlawful or prohibited by these Terms and Conditions of Use.

Availability and Use Outside the United States

The Site and Service are controlled, operated and offered from facilities in the United States. Tree Base Klear makes no representations that the Site and/or Service is appropriate or available for use in other locations. Those who access or use the Site and/or Service from other jurisdictions do so at their own volition and are entirely responsible for compliance with local law, including but not limited to export and import regulations. Unless otherwise explicitly stated, all materials found on Site and/or Service are solely directed to individuals located in the United States. Notwithstanding the foregoing, Tree Base Klear retains all rights, including all intellectual property rights, the Site and Service and the content therein, throughout the world.

State Disclosures

Under California Civil Code Section 1789.3, California website users are entitled to the following specific consumer rights notice: The provider of this Site and Service is owned and operated by Tree Base Klear, located at 645 W. 9th St, Unit# 110-833, Los Angeles, CA 90015 with the telephone number of (818)672-6346. To resolve any complaints you may have regarding the electronic commercial service, or to receive more information regarding use of the service, please e-mail us at legal@treebaseklear.com. California also has a California Department of Consumer Affairs which has a Complaint Assistant Unit in its Division of Consumer Affairs. They can be contacted in writing at 1625 N. Market Blvd., Suite N-112, Sacramento, California 95834 or by telephone at (800) 952-5210.

Consult an Attorney re Legal Rights and Duties

This policy document is not intended to serve as legal advice. Should you have questions regarding your legal rights or duties, please consult your own attorney. Should you have further questions regarding Tree Base Klear’s policy for its copyrighted materials, please contact Tree Base Klear at www.treebaseklear.com or by e-mailing legal@treebaseklear.com.