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Terms Of Use

Agreement Between User And Clockwork Financial

Terms Of Use

Please read this agreement ("Agreement") carefully before accessing or using the Web site at www.clockworkfinancial.com (the "Site"), which is owned by Clockwork Financial. By accessing or using the Site, You agree to be bound by this Agreement. Clockwork Financial provides the information and services on this Site to you, the user, conditioned on your acceptance without modification of the terms, conditions and notices contained herein. Your use of the Site constitutes your agreement to all such terms, conditions and notices.

The information and services offered on the Site are provided with the understanding that Clockwork Financial is not engaged in rendering legal services or other such advice. Your use of the Site is subject to the additional disclaimers and notices that may appear throughout the Site.

Clockwork Financial assumes no responsibility for any consequence relating directly or indirectly to any action or inaction that you take based on the information, services or other material on this Site. While Clockwork Financial strives to keep the information on this Site accurate, complete and up-to-date, Clockwork Financial cannot guarantee, and will not be responsible for any damage or loss related to, the accuracy, completeness or timeliness of the information.

Personal And Non-Commercial Use Limitation: Prohibited Uses

We may provide information about Clockwork Financial, marketing and communications related information and access to our facebook (the "Services"). Clockwork Financial grants You access to the Site during the term of this agreement solely to receive the Services.  You may access, download, and print materials as necessary to receive the Services. You may not license, copy, distribute, create derivative works from, frame in another Web page, use on any other Web site, or sell any information, databases or lists obtained from the Site. When requested, you agree to provide true, accurate and complete user information.  You shall not access or attempt to access password protected, secure or non-public areas of the Web site without Clockwork Financial's prior written permission.  You will comply with all privacy laws.

Proprietary Rights

All materials on this Site (as well as the organization and layout of the Site) are owned and copyrighted, licensed by, or used with permission that is granted to Clockwork Financial. No reproduction, distribution, or transmission of the copyrighted materials at this Site is permitted without the prior written permission of Clockwork Financial.

No Unlawful Or Prohibited Use

As a condition of your use of this Site, you warrant to Clockwork Financial that you will not use this Site for any purpose that is unlawful or prohibited by these terms. If you violate any of these terms, your permission to use the Site automatically terminates.

You may not without the prior written permission of Clockwork Financial use any computer code, data mining software, "robot," "bot," "spider," "scraper" or other automatic device, or program, algorithm or methodology having similar processes or functionality, or any manual process, to monitor or copy any of the Web pages, data or content found on this site or accessed through this site.

If you are under the age of 13, you may not use this Site.

Disclaimer Of Warranties

YOU EXPRESSLY UNDERSTAND AND AGREE THAT YOUR USE OF THIS SITE AND THE SERVICES OFFERED AT THE SITE IS AT YOUR SOLE RISK. THE SITE IS PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS. CLOCWORK FINANCIAL 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.

ANY MATERIAL DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE SITE IS DONE AT YOUR OWN DISCRETION AND RISK AND YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF ANY SUCH MATERIAL.

Limitation of Liability

YOU EXPRESSLY UNDERSTAND AND AGREE THAT CLOCKWORK FINANCIAL SHALL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES, INCLUDING BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES (EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), RESULTING FROM: (i) THE USE OR THE INABILITY TO USE THE SITE OR SERVICES; (ii) THE COST OF PROCUREMENT OF SUBSTITUTE SERVICES RESULTING FROM ANY DATA, INFORMATION OR SERVICES OBTAINED OR MESSAGES RECEIVED OR TRANSACTIONS ENTERED INTO ON THE SITE OR THROUGH OR FROM THE SERVICE; (iii) UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA; (iv) STATEMENTS OR CONDUCT OF ANY THIRD PARTY ON THE SERVICE; OR (v) ANY OTHER MATTER RELATING TO THE SITE OR THE SERVICES.  IN NO EVENT WILL OUR MAXIMUM LIABILITY TO YOU EXCEED THE AMOUNT YOU PAID TO US FOR THE SUBJECT SERVICES OR $100, WHICHEVER IS GREATER.

Indemnity

YOU AGREE TO DEFEND, INDEMNIFY AND HOLD CLOCKWORK FINANCIAL HARMLESS FROM AND AGAINST ANY CLAIMS, LOSSES OR LIABILITIES AND ATTORNEYS FEES BASED ON CONTENT YOU POST OR YOUR BREACH OF THIS AGREEMENT, INCLUDING THE RESTRICTIONS ON AND REPRESENTATIONS YOU MAKE REGARDING USE OF THE CLOCKWORK FINANCIAL FACEBOOK PAGE.

Links To Third Party Sites

This Site may contain hyperlinks to web sites operated by parties other than Clockwork Financial. Such hyperlinks are provided for your reference only. Clockwork Financial does not control such web sites, and is not responsible for their content. Inclusion of hyperlinks by Clockwork Financial to such web sites does not imply any endorsement of the material on such web sites or any association with their operators, and your access to and use of such sites, including information, material, products and services therein, is solely at your own risk. Furthermore, because the Clockwork Financial privacy policy is applicable only when you are on our Site, once linked to another web site, you should read that site’s privacy policy before disclosing any personal information.

Links To Our Site

You are granted a limited, revocable, and nonexclusive right to create a hyperlink to pages of the Site so long as (i) the link or your linking Web site does not portray Clockwork Financial or their products or services in a false, misleading, derogatory, or otherwise offensive matter;  (ii) your linking Web site complies with all applicable law and does not otherwise violate this Agreement or the rights of others; and (iii) your Web site has, maintains and follows a privacy policy no less protective of user data than the privacy policy of this Site. You may not use the Clockwork Financial logo or other proprietary graphic or trademark as part of the link without express written permission.  Clockwork Financial may revoke this license at any time, with or without cause, in which case you agree to immediately remove such hyperlink.

Use Of Submissions

You grant us the right to use, reproduce, modify, distribute, and display any material you supply or communicate to the Site for the stated purposes of this Agreement and to authorize others to do so.

Changes To Site

Clockwork Financial may make improvements or changes in the information, services, products, and other materials on this Site, or terminate this Site at any time. Clockwork Financial may modify this Agreement at any time, and such modifications shall be effective immediately upon posting of the modified Agreement. Accordingly, you agree to review the Agreement periodically, and your continued access or use of this Site shall be deemed your acceptance of the modified Agreement.

Dispute Resolution

You agree that: (1) Any claim, dispute, or controversy (whether in contract, tort, or otherwise) arising out of, relating to, or connected in any way with the Site or the services provided on the Site will be resolved exclusively by final and binding arbitration conducted pursuant to the American Arbitration Association (“AAA”) Procedures for Consumer-Related Disputes in conjunction with the AAA Commercial Arbitration Rules (if and as applicable depending on the amount in controversy); (2) This arbitration agreement is made pursuant to a transaction governed by the Federal Arbitration Act (“FAA”), 9 U.S.C. §§ 1-16; (3) The arbitrator’s decision shall be controlled by the terms and conditions of this Agreement

Miscellaneous

This site is intended to and directed to residents of the United States and all advertising claims contained in this site are valid only in the United States. This Agreement and the resolution of any dispute related to this Agreement or this Site shall be governed by and construed in accordance with the laws of Missouri, without giving effect to any principles of conflicts of law. Failure by Clockwork Financial to insist upon strict enforcement of any provision of this Agreement shall not be construed as a waiver of any provision or right. You agree that regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to use of this Site or this Agreement must be filed within one (1) year after such claim or cause of action arose or be forever barred.  If any of these terms shall be deemed invalid, void, or for any reason unenforceable, that term shall be deemed severable and shall not affect the validity and enforceability of any remaining term.

Clockwork Financial and other logos, product and service names are trademarks and service marks owned by or licensed to Clockwork Financial (the "Marks"). Without the prior written permission of Clockwork Financial, or its appropriate affiliates, you agree not to display or use in any manner, the Marks.

All other trademarks are the property of their respective owners.

© Copyright 2013 Clockwork Financial. All rights reserved.

Digital Millennium Copyright Act Copyright Infringement Policy

It is our policy to respond to clear notices of alleged copyright infringement. This page describes the information that should be present in these notices. It is designed to make submitting notices of alleged infringement to Clockwork Financial as straightforward as possible while reducing the number of notices that we receive that are fraudulent or difficult to understand or verify. The form of notice specified below is consistent with the form suggested by the United States Digital Millennium Copyright Act (the text of which can be found at the U.S. Copyright Office Web Site, http://www.copyright.gov) but we will respond to notices of this form from other jurisdictions as well.

Regardless of whether we may be liable for such infringement under local country law or United States law, our response to these notices may include removing or disabling access to material claimed to be the subject of infringing activity and/or terminating subscribers. If we remove or disable access in response to such a notice, we will make a good-faith attempt to contact the owner or administrator of the affected site or content so that they may make a counter notification. We may also document notices of alleged infringement on which we act. Please note that in addition to being forwarded to the person who provided the allegedly infringing content, a copy of this legal notice may be sent to a third-party partner for publication and annotation.

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