Transparent Language CL-150 Terms of Use

Transparent Language, Inc. ("Transparent") maintains the CL-150 (the "Application") as a paid service for subscribing administrators. Your use of the Application is conditional upon your acceptance of the terms and conditions set forth below ("Terms of Use") as they may be amended from time to time, and by the term of the license you have legally obtained and activated.

1. You agree that you will not commercially distribute, copy, license, or sell any data, text, or other information or materials ("Communications") obtained from or through the Application.
2. You acknowledge that Transparent assumes no liability or responsibility for the quality or accuracy of the Communications transmitted through the Application or for errors, omissions, or ambiguities with respect to Communications. In no event will Transparent be liable for any damages whatsoever arising out of your use of the Application, the Communications, or the content thereof.
3. WITHOUT LIMITING THE FOREGOING, THE APPLICATION IS PROVIDED "AS IS" AND WITHOUT ANY WARRANTIES OF ANY KIND, EXPRESS, OR IMPLIED, INCLUDING THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT. Certain jurisdictions do not permit the exclusion of implied warranties and the foregoing exclusions may not apply to you.
4. You represent and warrant to Transparent that Communications submitted by you to the Application or to Application users do not and will not:
   • infringe any third party's copyright, trademark, or other proprietary rights or rights of publicity or privacy;
   • violate any applicable law, including any laws regarding unfair competition, discrimination, or false or deceptive advertising;
   • be defamatory or libelous;
   • be lewd, pornographic, or obscene;
   • promote violence or contain hate speech;
   • contain viruses, Trojan horses, worms, time bombs, cancelbots, or other similar harmful or deleterious programming routines.
   Further, you agree that you will hold harmless and indemnify Transparent and its affiliates from and against any claims by any third parties arising wholly or partially out of any breach by you or your representations and undertakings hereunder or your use of the Application, including any infringement of the copyrights, trademarks, or other intellectual property or other rights of any person or entity or other unlawful activity.
5. As an administrator, you also agree that you will only create new CL-150 users if and when you are authorized by the user:
   • To create and maintain this account on behalf of the user
   • To accept the Terms of Use and related agreements on behalf of the user
   • To act as the collector of the user's personal data
   Further, you agree that any instructor users created by you will also abide by these conditions.
6. You understand that Transparent does not review, and has no control over, the Communications you receive through the Application and that in voluntarily receiving any such Communications you agree to hold Transparent harmless from and against any claims or causes of action you may have with respect to any Communications received or sent by you, including specifically the content of any such Communications.
7. Transparent has not reviewed and does not review any of the websites that may be linked to the Application, and specifically disclaims responsibility for the content of any such sites.
8. These Terms of Use shall be interpreted pursuant to the laws of the State of New Hampshire, without giving effect to its conflicts of laws principles, the state or federal courts of which shall have exclusive jurisdiction of any disputes arising hereunder. The provisions of the United Nations Convention on the International Sale of Goods shall not apply to the Agreement.