Terms of Use
Thanks for visiting ClutchPR.
Please read these Terms carefully. By dealing with ClutchPR, you’re agreeing to these Terms. This is a legal agreement. We’ll start with the basics, including a few definitions that should help you understand this agreement. ClutchPR (“ClutchPR” or our “products/services”) is a Public Relations (“PR”) Agency operating in part through the URL www.ClutchPR.com. ClutchPR is owned and operated by ClutchPR Inc. ClutchPR has employees, independent contractors, and representatives (“our Team”). As a customer of our products/services or a representative of an entity that’s a customer of our products/services, you’re a “Member” according to this agreement (or “you”).
These Terms of Use (“Terms,” including our Privacy Policy) define the terms and conditions under which you’re allowed to deal with ClutchPR, and how we’ll treat your account while you’re a Member. If you have any questions about our terms, feel free to contact us.
ACCOUNT
1. Eligibility
In order to use ClutchPR products/services, you must:
- be at least eighteen (18) years old and able to enter into contracts;
- complete the registration process;
- agree to the Terms; and
- provide true, complete, and up to date contact information.
By dealing with ClutchPR, you represent and warrant that you meet all the requirements listed above, and that you won’t use ClutchPR products/services or products in a way that violates any laws or regulations. (Representing and warranting is like making a legally enforceable promise.) ClutchPR may refuse products/services, close accounts of any users, and change eligibility requirements at any time.
2. Term
The Term begins when you begin using/receiving ClutchPR products/services and continues as long as you use the our products/services. Clicking the button and entering your contact information means that you’ve officially “signed” the Terms. If you sign up for ClutchPR products/services on behalf of a company or other entity, you represent and warrant that you have the authority to accept these Terms on their behalf.
3. Closing Your Account
You or ClutchPR may terminate this Agreement at any time and for any reason by giving Notice to the other party. We may suspend our products/services to you at any time, with or without cause. We won’t refund or reimburse you if there’s cause, like a violation of these Terms. Once terminated, we may permanently delete your account and all the data associated with it, including your information from our Website. If you don’t use ClutchPR products/services for 12 or more months, we may treat your account as “inactive” and permanently delete the account and all the data associated with it.
4. Changes
We may change any of the Terms by posting revised Terms of Use on our Website and/or by sending an email to the last email address you gave us. Unless you terminate your dealing with ClutchPR within ten (10) days, the new Terms will be effective immediately and apply to any continued or new use of ClutchPR. We may change the Website, the products/services, or any features of the products/services at any time.
PAYMENT
5. Credit Cards
Anyone using a credit card for our products/services or products represents and warrants that they are authorized to use that credit card, and that any and all charges may be billed to that credit card and won’t be rejected. If we’re unable to process your credit card order, we’ll try to contact you by email and reserve the right to pursue further legal action and/or transfer your information/debt to a collections agency for their right to receipt of your payment.
6. Refunds
You won’t be entitled to a refund from us under any circumstances. We may offer a refund if the circumstances of the request are in agreeance with our internal policies at the time of purchase.
7. Billing Changes
We may change our fees at any time by posting a new pricing structure to our Website and/or sending you a notification by email.
RIGHTS
8. Proprietary Rights Owned by Us
You will respect our proprietary rights in the Website and the products/services used to provide ClutchPR (proprietary rights include patents, trademarks, products/services marks, trade secrets, and copyrights). You may only use our brand assets with our express written consent.
9. Privacy Policy
We may use and disclose your information according to our Privacy Policy. Our Privacy Policy will be treated as part of these Terms.
RULES AND ABUSE
10. General Rules
You promise to follow these rules:
- You won’t violate our Acceptable Use Policy, which is part of this Agreement.
If you violate any of these rules, then we may suspend or terminate your account.
11. Compliance with Laws
You represent and warrant that your use of ClutchPR products and products/services will comply with all applicable laws and regulations. You’re responsible for determining whether our products/services are suitable for you to use in light of any regulations like HIPAA, CASL, PIPEDA, GLB, EU Data Privacy Laws, or other laws. If you’re subject to regulations (like HIPAA) and you use our products/services, then we won’t be liable if our products/services doesn’t meet those requirements. You may not use our products/services for any unlawful or discriminatory activities, including acts prohibited by the Federal Trade Commission Act, Fair Credit Reporting Act, Equal Credit Opportunity Act, or other laws that apply to commerce.
LIABILITY
12. Limitation of Liability
To the maximum extent permitted by law, you assume full responsibility for any loss that results from your use of the Website and the products/services, including any downloads from the Website and associated emails. We and our Team won’t be liable for any indirect, punitive, special, or consequential damages under any circumstances, even if they’re based on negligence or we’ve been advised of the possibility of those damages. Our total liability for all claims made about the products/services in any month will be no more than what you paid us for the products/services the month before.
13. No Warranties
To the maximum extent permitted by law, we provide the material on the Website and the products/services as is. That means we don’t provide warranties of any kind, either express or implied, including but not limited to warranties of merchantability and fitness for a particular purpose. Since people use ClutchPR for a variety of reasons, we can’t guarantee that it will meet your specific needs.
14. Indemnity
You agree to indemnify and hold us and our Team harmless from any losses, including attorney fees that result from any claims you make that aren’t allowed under these Terms due to a “Limitation of Liability” or other provision. (Indemnity is an agreement to compensate someone for a loss.) You also agree to indemnify and hold us harmless from any losses, including attorney fees, that result from third-party claims that you or someone using your password did something that, if true, would violate any of these Terms.
15. Attorney Fees
If we file an action against you claiming you breached these Terms and we prevail, we’re entitled to recover reasonable attorney fees and any damages or other relief we may be awarded.
16. Equitable Relief
If you violate these Terms then we may seek injunctive relief (meaning we may request a court order to stop you) or other equitable relief.
17. Subpoena Fees
If we have to provide information in response to a subpoena related to your account, then we may charge you for our costs. These fees may include attorney and employee time spent retrieving the records, preparing documents, and participating in a deposition.
18. Disclaimers
We and our Team aren’t responsible for the behavior of any advertisers, linked websites, or other Members.
FINE PRINT
19. Assignments
You may not assign any of your rights under this agreement to anyone else. We may assign our rights to any other individual or entity at our discretion.
20. Choice of Law
The Province of Ontario’s laws, except for conflict of laws rules, will apply to any dispute related to these Terms or the products/services. Any dispute related to the Terms, the Privacy Policy, or the products/services itself will be decided by the provincial and federal courts in Toronto, Ontario and/or the associated Greater Toronto Area, and each party will be subject to the jurisdiction of those courts.
21. Force Majeure
We won’t be held liable for any delays or failure in performance of any part of the products/services, from any cause beyond our control. This includes, but is not limited to, acts of God, changes to law or regulations, embargoes, war, terrorist acts, riots, fires, earthquakes, nuclear accidents, zombie apocalypse, floods, strikes, power blackouts, volcanic action, unusually severe weather conditions, and acts of hackers or third-party internet products/services providers.
22. Survivability
Even if this Agreement is terminated, the following sections will continue to apply: Proprietary Rights Owned by Us, Proprietary Rights Owned by You, Compliance with Laws, Limitation of Liability, No Warranties, Indemnity, Choice of Law, Severability, and Entire Agreement.
23. Severability
If it turns out that a section of this Agreement isn’t enforceable, then that section will be removed or edited as little as necessary, and the rest of the Terms will still be valid.
24. Interpretation
The headers and sidebar text are provided only to make this agreement easier to read and understand. The fact that we wrote these Terms won’t affect the way this Agreement is interpreted.
25. Amendments and Waiver
Amendments or changes to these Terms won’t be effective until we post revised Terms on the Website. If we don’t immediately take action on a violation of these Terms, we’re not giving up any rights under the Terms, and we may still take action at some point.
26. No Changes in Terms at Request of Member
Because we have so many Members, we can’t change these Terms for any one Member or group.
27. Further Actions
You’ll provide all documents and take any actions necessary to meet your obligations under these Terms.
28. Notification of Security Breach
In the event of a security breach that may affect you or anyone on your Email distribution lists (each a “List”), we’ll notify you of the breach and provide a description of what happened. If we determine, and notify you, that you need to forward all or part of that information to anyone on your Lists, you’ll promptly do so.
29. Notices
Any notice to you will be effective when we send it to the last email or physical address you gave us or posted on our Website. Any notice to us will be effective when delivered to us along with a copy to our legal counsel: Attn. Legal Department, ClutchPR, 2854 Dundas Street West — 2nd Floor, Toronto, ON, M6P 1Y7, or any addresses as we may later post on the Website.
30. Entire Agreement
These Terms, our Privacy Policy, Acceptable Use Policy, (all of which are incorporated into these Terms by reference), and any additional terms you’ve agreed to by turning on specific features (“Additional Terms”) make up the entire agreement and supersede all prior agreements, representations, and understandings. Any Additional Terms will be considered incorporated into these Terms when you activate the feature.
Where there’s a conflict between these Terms and the Additional Terms, the Additional Terms will control.
Congratulations! You’ve reached the end. Thanks for taking the time to learn about ClutchPR’s policies.