Terms of Service
Last updated: November 24, 2020
Please read these Terms of Service (“Terms”, “Terms of Service”) carefully before using the Collear website (https://www.Collear.com) (the “Service”) operated by SmacApps, a wholly owned subsidiary of PamTen, Inc. (“Collear”, “us”, “we”, or “our”). This statement of rights and responsibilities (“Statement,” “Terms,” or “SRR”) is our terms of service that governs our relationship with users and others who interact with Collear, as well as SMAC Apps and BizLigo brands, products and services. By using or accessing the Collear website and its services, you agree to this statement and any changes as it is updated from time to time.
Your access to and use of the Service is conditioned on your acceptance of and compliance with these Terms. These Terms apply to all visitors, users and others who access or use the Service.
By accessing or using the Service you agree to be bound by these Terms. If you disagree with any part of the terms then you may not access the Service.
We may terminate or suspend access to our Service immediately, without prior notice or liability, for any reason whatsoever, including without limitation if you breach the Terms.
Links To Other Web Sites
Our Service may contain links to third-party web sites or services that are not owned or controlled by Collear or its associated sites.
Collear has no control over, and assumes no responsibility for, the content, privacy policies, or practices of any third party web sites or services. You further acknowledge and agree that Collear shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any such content, goods or services available on or through any such web sites or services.
We reserve the right, at our sole discretion, to modify or replace these Terms at any time. If a revision is material we will try to provide at least 14 days’ notice prior to any new terms taking effect. What constitutes a material change will be determined at our sole discretion.
- You will resolve any claim, cause of action or dispute (claim) you have with us arising out of or relating to this statement or Collear exclusively in the U.S. District court for the state of New Jersey or a state court located in Mercer County, and you agree to submit to the personal jurisdiction of such courts for the purpose of litigating all such claims. The laws of the State of New Jersey will govern this statement, as well as any claim that might arise between you and us, without regard to conflict of law provisions.
- If anyone brings a claim against us related to your actions on Collear, you will indemnify and hold us harmless from and against all damages, losses, and expenses of any kind (including reasonable legal fees and costs) related to such claim. We do not control or direct users’ actions on Collear and are not responsible for the content or information users transmit or share on Collear. We are not responsible for any offensive, inappropriate, obscene, unlawful or otherwise objectionable content or information you may encounter on Collear. We are not responsible for the conduct, whether online or offline, of any user of Collear.
- We try to keep Collear up, bug-free, and safe, but you use it at your own risk. We are providing Collear as is without any express or implied warranties including, but not limited to, implied warranties of fitness for a particular purpose, and non-infringement. We do not guarantee that Collear will always be safe, secure or error-free or that Collear will always function without disruptions, delays or imperfections. Collear is not responsible for the actions, content, information, or data of third parties, and you release us, our directors, officers, employees, and agents from any claims and damages, known and unknown, arising out of or in any way connected with any claim you have against any such third parties. We, Collear and SMAC Apps, will not be liable to you for any lost profits or other consequential, special, indirect, or incidental damages arising out of or in connection with this statement or Collear, even if we have been advised of the possibility of such damages. Our aggregate liability arising out of this statement or Collear will not exceed the greater of one hundred dollars ($100) or the amount you have paid us in the past twelve months. Applicable law may not allow the limitation or exclusion of liability or incidental or consequential damages, so the above limitation or exclusion may not apply to you. In such cases, Collear’s liability will be limited to the fullest extent permitted by applicable law.
Special provisions applicable to users outside the United States
We strive to create a global community with consistent standards for everyone, but we also strive to respect local laws. The following provisions apply to users and non-users who interact with Collear outside the United States:
- You consent to have your personal data transferred to and processed in the United States.
- If you are located in a country embargoed by the United States or are on the U.S. Treasury Department’s list of specially designated nationals you will not engage in activities on Collear. You will not use Collear if you are prohibited from receiving products, services, or software originating from the United States.
- By “Collear” or” Collear services” we mean the features and services we make available, including through (a) our website at www.Collear.com and any other Collear branded or co-branded websites (including sub-domains, international versions, widgets, and mobile versions); (b) our platform; (c) social plugins and other similar offerings; and (d) other media, brands, products, services, software, devices, or networks now existing or later developed. Collear reserves the right to designate, in its sole discretion, that certain of our brands, products, or services are governed by separate terms.
- By “platform” we mean a set of api’s and services (such as content) that enable others, including application developers and website operators, to retrieve data from Collear or provide data to us.
- By “information” we mean facts and other details about you, including actions taken by users and non-users who interact with Collear.
- By “content” we mean anything you or other users post, provide or share using Collear services.
- By “data” or “user data” or “user’s data” we mean any data, including a user’s content or information that you or third parties can retrieve from Collear or provide to Collear through the platform.
- By “use” we mean use, run, copy, publicly perform or display, distribute, modify, translate, and create derivative works of.
- By “trademarks” we mean the list of trademarks specific to Collear.
- If you are a resident of or have your principal place of business in the US or Canada, this Statement is an agreement between you Collear, Inc. References to “us,” “we,” and “our” mean either Collear, Inc., PamTen, SMAC Apps, BizLigo, as appropriate.
- This Statement makes up the entire agreement between the parties regarding Collear, and supersedes any prior agreements.
- If any portion of this statement is found to be unenforceable, the remaining portion will remain in full force and effect.
- If we fail to enforce any of this statement, it will not be considered a waiver.
- Any amendment to or waiver of this statement must be made in writing and signed by us.
- All of our rights and obligations under this Statement are freely assignable by us in connection with a merger, acquisition, or sale of assets, or by operation of law or otherwise.
- Nothing in this statement shall prevent us from complying with the law.
- This statement does not confer any third party beneficiary rights.
- We reserve all rights not expressly granted to you.
- You will comply with all applicable laws when using or by accessing Collear.
By using or accessing Collear services, you agree that we can collect and use such content and information as amended from time to time.
For more information, contact us at:
2 Research Way
Princeton, NJ 08540
If you have any questions about these Terms, please contact us at [email protected]