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Terms and Conditions

Last Updated: October 9, 2024

Introduction and Acceptance of Terms

Welcome to Clear Path Creative, LLC (“Clear Path Creative,” “we,” “us,” or “our”). These Terms of Use (“Terms”) govern your access to and use of our website, get.advantageplusbenefits.com (the “Site”), and any other services provided by Clear Path Creative, LLC (collectively, the “Services”).

By accessing, browsing, or using the Services in any manner, including but not limited to, submitting a form, providing information, or contacting us via the Site, you agree to be bound by these Terms and our Privacy Policy. If you do not agree to these Terms or the Privacy Policy, you must immediately discontinue access and use of the Services.

These Terms constitute a legally binding agreement between you and Clear Path Creative, LLC. By using our Services, you represent and warrant that:

  • You have the full right, authority, and legal capacity to enter into these Terms;
  • You will comply with all terms and conditions set forth herein;
  • You are at least 18 years old and are a legal resident of the United States;
  • You will use the Services in accordance with applicable laws and regulations, including those related to privacy, data protection, and consumer protection.

We reserve the right to modify, amend, or replace these Terms at any time, at our sole discretion, by posting updated versions on the Site or notifying you through other means. It is your responsibility to regularly review these Terms. Continued use of the Services after any modifications to the Terms will constitute your acknowledgment of and agreement to the updated Terms. If you do not agree to the revised Terms, you must cease use of the Services immediately.

Clear Path Creative, LLC may also revise, suspend, or terminate any part of the Services, including but not limited to any features, content, or availability, without prior notice and without liability.

Your use of the Services is also subject to the collection and use of your personal information, as described in our Privacy Policy. By using the Services, you acknowledge that you have read and understood our Privacy Policy and agree to its terms.

By accessing or using the Services, you also agree that:

  • You are responsible for complying with any local laws applicable to your use of the Services, and you are using the Services for lawful purposes only.
  • Clear Path Creative, LLC is not responsible for any damages or losses arising from your use of the Services.

If you do not meet these requirements or disagree with any part of these Terms, you must discontinue your use of the Services immediately.

Eligibility

To access or use our Services, you must meet the following eligibility criteria. By using the Services, you represent, warrant, and agree that:

Age Requirement:

You are at least 18 years of age. Our Services are not intended for individuals under the age of 18, and by accessing or using the Services, you affirm that you are 18 years of age or older.

Residency Requirement:

You are a legal resident of the United States. The Services are intended solely for users located within the United States, and Clear Path Creative, LLC makes no representation that the Services are appropriate or available for use in other jurisdictions.

Legal Capacity:

You have the legal capacity to enter into binding contracts under applicable law. By using the Services, you affirm that you are not barred from entering into contracts under any applicable laws or regulations, including, but not limited to, any federal, state, or local laws, and that you are fully capable and competent to agree to and comply with these Terms.

Accurate and Updated Information:

You agree to provide accurate, current, and complete information when submitting any form or communicating with Clear Path Creative, LLC. You are solely responsible for maintaining the accuracy and completeness of any information you provide, and for ensuring that such information remains up to date. Clear Path Creative, LLC shall have no liability for any claims arising from inaccurate or incomplete information provided by you.

Compliance with Terms:

Your right to access and use the Services is contingent upon your full compliance with these Terms. Clear Path Creative, LLC reserves the right to refuse access to the Services, terminate or restrict use of the Services, or take any other appropriate action in its sole discretion, if you fail to comply with these Terms or provide inaccurate or misleading information.

Continued Compliance:

By continuing to use the Services, you represent and warrant that you continue to meet all of the above eligibility requirements. If at any time you cease to meet any of these requirements, you must immediately discontinue use of the Services. Clear Path Creative, LLC reserves the right to take action, including suspension or termination of access, if you fail to meet these eligibility criteria.

Additional Disclaimer:

Clear Path Creative, LLC makes no representation that the Services are appropriate or available for use outside the United States. Accessing the Services from territories where the content or use of the Services is illegal or restricted is strictly prohibited. Those who choose to access the Services from other locations do so at their own initiative and are responsible for compliance with all applicable laws.

Services Provided

Clear Path Creative, LLC (“Clear Path Creative”) provides an online platform that connects users with general information about Medicare insurance options and facilitates communication between users and licensed insurance agents, brokers, or insurance providers (“Insurance Professionals”). Our Services are designed to assist users in learning about potential insurance options and to connect them with third-party Insurance Professionals who may offer Medicare-related insurance products.

Our Services include, but are not limited to:

  • Information Provision: We provide general educational content about Medicare, Medicare-related insurance products, and related topics. This content is for informational purposes only and should not be construed as legal, financial, or professional advice. You should not rely on the information provided for decision-making without consulting a qualified professional.
  • Lead Generation: We collect and process user information submitted through forms on our platform to connect interested individuals with licensed Insurance Professionals. Clear Path Creative acts solely as an intermediary and is not responsible for the services or products offered by any Insurance Professional.
  • Comparison Tools: We may offer tools that allow users to compare general Medicare insurance options. These tools are provided for informational purposes only and are not intended to guarantee coverage, pricing, or the availability of any specific insurance products.
  • Communication Facilitation: We may assist in facilitating communications between users and Insurance Professionals via our platform. However, we do not control or monitor the interactions between users and Insurance Professionals, and we are not liable for the actions or omissions of these third parties.

Important Disclaimers:

Limited Role as a Licensed Producer:

Clear Path Creative, LLC is a licensed insurance producer primarily engaged in lead generation and marketing services. We do not employ agents or offer direct sales or insurance underwriting. Our Services are limited to connecting users with licensed Insurance Professionals, who are responsible for offering, underwriting, and selling insurance products. We do not make any determinations or recommendations regarding your eligibility for insurance or the appropriateness of any specific insurance products.

No Guarantee of Contact or Coverage:

We make no representations or warranties that you will be contacted by an Insurance Professional or that any specific insurance product or coverage will be available to you. Insurance Professionals are solely responsible for contacting you and offering their products and services. We are not liable for any failure by these third parties to contact you or offer suitable coverage.

No Professional Advice:

Clear Path Creative, LLC is a licensed insurance agency and lead generation company. While we provide general information, we do not offer insurance advice or direct recommendations. Users should consult with a licensed agent for advice tailored to their specific needs.

No Endorsement:

Clear Path Creative, LLC does not endorse, recommend, or promote any specific insurance product, provider, or Insurance Professional. Any decisions made regarding insurance coverage are solely your responsibility. We are not involved in any transactions between you and Insurance Professionals and bear no responsibility for the outcome of such transactions.

Accuracy of Information:

While we strive to provide accurate, up-to-date, and comprehensive information, Clear Path Creative, LLC cannot and does not guarantee the accuracy, completeness, or timeliness of the information provided. The availability, pricing, and terms of insurance products may vary depending on various factors, including but not limited to your location, personal circumstances, and the policies of insurance providers.

Changes to Services:

Clear Path Creative, LLC reserves the right to modify, suspend, or discontinue any part of our Services at any time, without prior notice and without liability. We are not responsible for any loss, liability, or damage resulting from any changes to our Services.

Limitation of Services:

By using our Services, you acknowledge and agree to these terms regarding the nature, limitations, and use of the Services provided by Clear Path Creative, LLC. You understand that any decisions regarding insurance products are made solely at your own risk and discretion.

User Conduct

By accessing or using the Services provided by Clear Path Creative, LLC, you agree to comply with the following rules of conduct. You expressly agree that you will not:

  • Unlawful Activity: Use the Services for any unlawful purpose or in violation of any applicable federal, state, local, or international law, statute, ordinance, or regulation.
  • Impersonation: Impersonate or attempt to impersonate Clear Path Creative, LLC, a Clear Path Creative employee, another user, or any other person or entity, or misrepresent your affiliation with any individual or entity.
  • False Information: Provide any false, inaccurate, or misleading information when submitting any form, communicating with Clear Path Creative, LLC, or interacting with any of our partners, Insurance Professionals, or affiliates.
  • Disruption of Services: Use the Services in any manner that could disable, overburden, damage, or impair the Site or Services, or interfere with any other party’s use of the Services, including their ability to engage in real-time activities through the Services.
  • Unauthorized Access: Attempt to gain unauthorized access to, interfere with, damage, or disrupt any part of the Services, the servers on which the Services are hosted, or any servers, computers, or databases connected to the Services. This includes hacking, password mining, or any other means of bypassing security measures.
  • Automated Tools: Use any robot, spider, scraping tool, or other automatic device, process, or means to access, monitor, or copy any material on the Services for any purpose, without our prior written consent, except for standard search engine crawlers used by reputable search engines such as Google, Bing, or other services that operate in accordance with our robots.txt file.
  • Malicious Code: Introduce any viruses, trojan horses, worms, logic bombs, spyware, malware, or any other malicious or technologically harmful material to the Services or engage in any activity designed to disrupt or harm the operation of the Services.
  • Denial of Service Attacks: Attempt to attack the Services via a denial-of-service attack or a distributed denial-of-service attack or otherwise attempt to interfere with the proper functioning of the Services or disrupt the experience of other users.
  • Commercial Use: Use the Services for any commercial purpose without our prior express written consent. The Services are intended for personal, non-commercial use unless otherwise agreed to by Clear Path Creative, LLC.
  • Reproduction and Exploitation: Reproduce, duplicate, copy, sell, resell, or exploit any portion of the Services, including but not limited to any content, materials, or data provided on the Site, without the prior express written consent of Clear Path Creative, LLC.
  • Harassment and Abuse: Use the Services to harass, abuse, threaten, harm, or discriminate against any individual or entity, including but not limited to other users of the Services.
  • Spam and Unsolicited Communications: Use the Services to send any unsolicited or unauthorized communications, including but not limited to spam, chain letters, or any form of advertising or solicitation.
  • Circumvention of Security Measures: Attempt to bypass or circumvent any filtering, security, or content moderation techniques that we employ or attempt to access any system or network on which the Services are hosted without authorization.
  • Collection of Data: Collect, harvest, or store personal data about other users of the Services without their express consent, or use such information for unauthorized purposes.

Enforcement and Termination:

Clear Path Creative, LLC reserves the right, in its sole discretion, to terminate or suspend your access to all or any part of the Services, without prior notice, for any conduct that we, in our judgment, believe violates these Terms or is otherwise harmful to Clear Path Creative, LLC, its partners, users, or third parties. We may also take any legal action deemed necessary to address such violations.

Indemnification

You hereby agree to indemnify, defend, release, and hold harmless Clear Path Creative, LLC, its parents, subsidiaries, affiliates, and their respective officers, directors, managers, owners, partners, agents, employees, representatives, contractors, vendors, suppliers, assigns, transferees, and licensees (collectively, the “Indemnitees”) from and against any and all liabilities, claims, suits, demands, actions, judgments, losses, damages, fines, penalties, and expenses (including reasonable attorneys’ fees and court costs) incurred by such Indemnitees, or asserted against such Indemnitees by third parties, arising out of or in connection with:

  • Your acts, errors, or omissions;
  • Your use of the Services or any products or services made available on, through, or in relation to the Services in any manner that violates these Terms;
  • Your violation of any applicable federal, state, local, or international law, statute, ordinance, or regulation in connection with your use of the Services;
  • Your violation of the rights of any third party, including but not limited to intellectual property, confidentiality, property, or privacy rights;
  • Any information or content you submit, post, or transmit through the Services, including but not limited to claims of infringement, defamation, or violation of privacy or publicity rights.

You agree that you will promptly notify us of any third-party claims, cooperate with us in defending such claims, and pay all fees, costs, and expenses associated with defending such claims (including but not limited to reasonable attorneys’ fees). You further agree that we shall have control of the defense or settlement of any third-party claims, and you shall not settle any third-party claims without the prior written consent of Clear Path Creative, LLC.

Proprietary Rights / Intellectual Property

Ownership:

All rights, title, and interest in and to the Services, including all content, features, functionality, software, design, text, displays, images, video, audio, graphics, selection and arrangement thereof, and any other materials or elements provided through the Services (collectively, the “Content”), are owned by Clear Path Creative, LLC, its licensors, or other providers of such material. The Content is protected by United States and international copyright, trademark, patent, trade secret, and other intellectual property or proprietary rights laws.

Limited License:

These Terms grant you a limited, non-exclusive, non-transferable, revocable license to access and use the Services and Content for your personal, non-commercial use only. Your use of the Content is subject to the following conditions:

  • Permissible Use: You may temporarily store copies of Content in your computer’s RAM incidental to your use of the Services.
  • You may store files automatically cached by your web browser for display enhancement purposes.
  • You may print or download a reasonable number of pages of the Content for your personal, non-commercial use, provided that you do not further reproduce, publish, or distribute such materials.
  • Social Media Features: If the Services provide certain social media features, you may take such actions as are enabled by those features, provided that your use complies with these Terms and the rules of the social media platform.

Prohibited Uses:

You are expressly prohibited from:

  • Modifying copies of any Content from the Services.
  • Using illustrations, photographs, video, audio, or graphics separately from the accompanying text.
  • Deleting or altering any copyright, trademark, or other proprietary rights notices from copies of materials from the Services.
  • Reproducing, distributing, modifying, creating derivative works of, publicly displaying, publicly performing, republishing, downloading, storing, or transmitting any part of the Content or Services, except as expressly permitted under these Terms.
  • Using the Services or Content for any commercial purposes without Clear Path Creative, LLC’s prior written consent.

Reservation of Rights:

Clear Path Creative, LLC reserves all rights not expressly granted to you in these Terms. Any use of the Services and Content not expressly authorized by these Terms is a breach of these Terms and may violate copyright, trademark, and other laws.

Trademarks:

The Clear Path Creative name, logo, and all related names, logos, product and service names, designs, and slogans are trademarks of Clear Path Creative, LLC or its affiliates or licensors. You must not use such marks without the prior written permission of Clear Path Creative, LLC. All other names, logos, product and service names, designs, and slogans on the Services are the trademarks of their respective owners.

User Feedback:

Any feedback, comments, suggestions, or ideas you submit regarding the Services or Content (collectively, “Feedback”) are provided on a non-confidential basis. We are free to use, disclose, reproduce, license, or otherwise distribute and exploit Feedback as it sees fit, without any obligation to you, including compensation or acknowledgment. You hereby assign to Clear Path Creative, LLC all rights, title, and interest in and to any Feedback.

Violations of Intellectual Property Rights:

By using the Services, you agree to respect the intellectual property rights of Clear Path Creative, LLC and others. Unauthorized use of any materials on the Services may violate copyright, trademark, and other laws. Clear Path Creative, LLC reserves the right to pursue any and all legal remedies in the event of such violations, including seeking damages and injunctive relief.

Third-Party Links and Services

Third-Party Links and Content:

The Services may contain links to third-party websites, applications, or services that are not owned or controlled by Clear Path Creative, LLC. These links are provided for your convenience only. Clear Path Creative has no control over, and assumes no responsibility for, the content, terms and conditions, privacy policies, or practices of any third-party websites, services, or resources linked through the Services. Accessing any such third-party websites or services is done at your own risk.

Use at Your Own Risk:

You acknowledge and agree that Clear Path Creative shall not be held responsible or liable, directly or indirectly, for any damage, loss, or liability arising from your use of or reliance on any content, goods, or services available on or through third-party websites, services, or resources, including those of insurance providers, agents, brokers, or any other third parties. This includes, but is not limited to, any claims regarding the accuracy, completeness, or reliability of information provided by such third parties.

Third-Party Terms and Conditions:

We strongly advise you to review and understand the terms and conditions and privacy policies of any third-party websites, services, or resources you visit or use through our Services. This includes, but is not limited to, third-party insurance providers, agents, or brokers with whom you may connect through our platform. Clear Path Creative makes no representations or warranties regarding the terms, practices, or services of any third party, and your engagement with those third parties is solely between you and them.

No Liability for Third-Party Actions:

While we strive to connect users with reputable insurance providers and licensed agents, we are not responsible for the actions, omissions, content, information, or data provided by these third parties. Your interactions with these third parties, including any transactions or contracts entered into, are solely between you and the third party. Clear Path Creative bears no liability for any disputes, claims, or issues that arise from your interactions with third parties.

Service Availability and Changes:

Clear Path Creative does not guarantee the availability, accessibility, or uninterrupted nature of the Services, including any third-party services integrated into or accessible through the platform. We reserve the right to modify, suspend, or discontinue any part of the Services at any time, including in cases where third-party services become unavailable or are disrupted. Clear Path Creative assumes no liability for any losses or damages resulting from the suspension, discontinuation, or interruption of third-party services.

No Endorsement:

The inclusion of any links to third-party websites, services, or resources on our platform does not imply an endorsement, recommendation, or approval of the content, views, products, or services provided by such third parties. Clear Path Creative has not reviewed the contents of any third-party websites linked to the Services and is not responsible for the content or practices of any such linked site.

Indemnification and Release of Liability:

By using the Services, you expressly release and hold harmless Clear Path Creative, LLC, its affiliates, licensors, and service providers from any and all liabilities, claims, damages, losses, and expenses (including reasonable attorneys’ fees) arising from your use of any third-party websites, services, or resources linked to or accessed through the Services.

Privacy Policy Reference

Your privacy is important to us. Clear Path Creative, LLC collects, uses, and shares personal information as described in our Privacy Policy, which is incorporated into these Terms by this reference.

By accessing or using our Services, you acknowledge that you have read, understood, and agree to the terms of our Privacy Policy. Our Privacy Policy explains how we collect, use, disclose, and safeguard your personal information, including:

  • The types of information we collect from users.
  • How we use that information.
  • The circumstances under which we may share information with third parties, including insurance providers, brokers, and agents.
  • Your rights and choices regarding your personal information.
  • How we protect your information with reasonable security measures.

Consent to Data Collection and Use:

By using our Services, you consent to the collection, use, and sharing of your personal information as outlined in the Privacy Policy. You understand that your information may be shared with third-party service providers and partners, including licensed insurance providers, agents, or brokers, in accordance with the Privacy Policy.

Compliance with Applicable Law:

We take the privacy of your personal information seriously and handle all user data in compliance with applicable privacy laws and regulations, including but not limited to, relevant federal and state laws governing data protection and privacy.

Changes to the Privacy Policy:

Clear Path Creative reserves the right to update or modify the Privacy Policy at any time, in its sole discretion. Any changes will be effective immediately upon posting the updated Privacy Policy on our website. Your continued use of the Services after any such changes constitutes your acceptance of the revised Privacy Policy. We encourage you to review the Privacy Policy regularly to stay informed about how we protect and use your information.

For more detailed information about our privacy practices, please review our full Privacy Policy here.

Electronic Communications

By using our Services or providing your contact information through the website or any other means, you expressly consent to receive electronic communications from Clear Path Creative, LLC and its partners, including but not limited to communications via email, SMS, text messages, phone calls, and other electronic means. These communications may include information about our Services, marketing materials, transactional messages, and other notices as permitted by applicable law.

Consent to Receive Communications:

By submitting your information through the Services, you consent to receive communications regarding:

  • Updates about Medicare-related insurance options and services.
  • Marketing and promotional offers from Clear Path Creative and its partners, including licensed insurance providers, brokers, or agents.
  • Transactional communications regarding your use of the Services, such as confirmations, follow-ups, or inquiries.

Automated Communications:

You expressly consent to receive communications via automated dialing systems, pre-recorded voice messages, and artificial voice or text messages. By providing your phone number, you acknowledge and agree that such communications may be sent by Clear Path Creative, its service providers, or partners.

Opting Out:

You may opt out of receiving marketing or promotional communications at any time by following the unsubscribe instructions provided in the emails or by replying “STOP” to text messages. Please note that even if you opt out of receiving marketing communications, we may still send you non-promotional communications related to your use of the Services, such as transactional or administrative messages.

Consent to Electronic Records:

By using the Services, you consent to receive electronic communications, agreements, and disclosures rather than paper copies. You agree that all agreements, notices, disclosures, and other communications that Clear Path Creative provides to you electronically satisfy any legal requirements that such communications be in writing.

Do Not Call List Compliance:

Clear Path Creative complies with the Telephone Consumer Protection Act (TCPA) and all applicable regulations regarding telephone solicitations. If you do not wish to receive telephone calls or text messages from Clear Path Creative, you may request to be placed on our internal “Do Not Call” list.

Accuracy of Contact Information:

It is your responsibility to ensure that we have your most current and accurate contact information. We shall not be liable for any issues arising from communications sent to incorrect or outdated contact details provided by you.

Third-Party Communications:

By using our Services, you acknowledge that third-party insurance providers, agents, or brokers with whom you are connected through the Services may also contact you via electronic communications (including emails, SMS, and phone calls) in accordance with their own terms and privacy policies. Clear Path Creative is not responsible for the communications, privacy practices, or terms of such third-party providers.

Disclaimer of Warranties

The Services are provided on an “AS IS” and “AS AVAILABLE” basis, without any warranties of any kind, either express or implied. Clear Path Creative, LLC expressly disclaims all warranties, whether express, implied, statutory, or otherwise, including but not limited to any implied warranties of merchantability, fitness for a particular purpose, title, non-infringement, and those arising from a course of dealing or usage of trade.

Clear Path Creative makes no representation or warranty that:

  • The Services will meet your specific requirements;
  • The Services will be uninterrupted, timely, secure, or error-free;
  • Any errors or defects in the Services will be corrected;
  • The results obtained from the use of the Services will be accurate, reliable, or complete.

Any reliance on the information provided through the Services is solely at your own risk. Clear Path Creative does not guarantee the accuracy, completeness, or reliability of any content or information accessed through the Services.

Not Legal, Financial, or Insurance Advice:

The content provided through the Services is for informational purposes only and does not constitute legal or financial advice. While Clear Path Creative, LLC is a licensed insurance agency, it does not provide personalized insurance advice or recommendations. You should consult with a licensed agent or qualified professional for advice tailored to your specific circumstances.

Limitation of Liability

To the fullest extent permitted by law, in no event shall Clear Path Creative, LLC, its officers, directors, employees, partners, agents, contractors, suppliers, licensors, or affiliates, be liable for any indirect, incidental, special, consequential, punitive, or exemplary damages, including without limitation, loss of profits, revenue, goodwill, use, data, or other intangible losses, arising out of or relating to:

  • Your access to or use of, or inability to access or use, the Services;
  • Any conduct or content of any third party on or related to the Services;
  • Any content or information obtained from the Services; or
  • Unauthorized access to, use of, or alteration of your transmissions or content.

This limitation of liability applies whether such claims are based on warranty, contract, tort (including negligence), strict liability, or any other legal theory, whether or not Clear Path Creative has been informed of the possibility of such damages, and even if any remedy set forth herein is found to have failed of its essential purpose.

Limitation on Amount of Damages:

In no event shall Clear Path Creative’s total liability to you for any claims arising out of or related to these Terms or your use of the Services exceed $100 or the amount you have paid to Clear Path Creative in the past 12 months, whichever is greater.

Exclusions:

Nothing in these Terms shall limit or exclude liability for Clear Path Creative’s gross negligence, intentional misconduct, or any liability that cannot be excluded under applicable law.

Data and Security Liability

Data Security Measures:

Clear Path Creative, LLC takes commercially reasonable steps to protect the confidentiality, integrity, and security of personal information submitted through our Services. These measures may include encryption, access controls, and regular security assessments. However, no method of transmission over the Internet or method of electronic storage is 100% secure, and we cannot guarantee absolute security.

No Guarantee of Security:

By using our Services, you acknowledge and agree that Clear Path Creative does not guarantee the security of your personal information, and you provide information at your own risk. We cannot be held liable for any unauthorized access to or use of your information, including but not limited to personal data, financial information, or communications.

User Responsibility:

It is your responsibility to ensure that any device, network, or software you use to access our Services is adequately protected against viruses, malware, and unauthorized access. You are responsible for safeguarding your login credentials, including your username and password, and for any activities or actions under your account, whether or not authorized by you. Clear Path Creative shall not be liable for any loss or damage resulting from your failure to protect your credentials or device.

Third-Party Breaches:

Clear Path Creative, LLC may use third-party service providers to assist in operating our website and services. We cannot be held responsible for any data breaches, unauthorized access, or other security incidents involving third-party platforms or service providers. We recommend reviewing the security policies of any third parties with whom you share information via our Services.

Limitation of Liability for Security Breaches:

To the fullest extent permitted by applicable law, Clear Path Creative shall not be liable for any loss, damage, or harm resulting from:

  • Unauthorized access to or disclosure of your personal information,
  • Any failure of security measures, or
  • Any other security incident or data breach affecting your information, including those caused by third-party service providers.

Reporting a Breach:

If you believe that your information has been compromised or subjected to unauthorized access, please notify us immediately at info@advantageplusbenefits.com. We will investigate any reported breaches and take appropriate action to mitigate potential risks.

Acknowledgment of Risks:

By using our Services, you acknowledge that you assume all risks associated with the transmission of your personal information over the internet and that Clear Path Creative is not responsible for unauthorized access or data breaches caused by third-party service providers.

Force Majeure

Clear Path Creative, LLC shall not be liable for any failure or delay in performing its obligations under these Terms, including providing access to the Services, if such failure or delay is caused by events or circumstances beyond our reasonable control, including but not limited to:

  • Acts of God (e.g., natural disasters, earthquakes, hurricanes, floods);
  • Fire, explosion, or accident;
  • War, insurrection, riots, terrorism, or civil unrest;
  • Government actions, regulations, orders, or restrictions;
  • Strikes, labor disputes, or work stoppages;
  • Failure of public or private telecommunications networks;
  • Cyberattacks, including but not limited to denial-of-service (DoS) or distributed denial-of-service (DDoS) attacks;
  • Power outages, failures of computer or other information technology systems;
  • Pandemic, epidemic, quarantine, or other public health crises;
  • Any other events or circumstances beyond Clear Path Creative’s reasonable control.

In the event of such a force majeure event, our obligations under these Terms shall be suspended for the duration of the event. We will make reasonable efforts to mitigate the effects of the force majeure event and resume performance as soon as practicable. However, Clear Path Creative shall not be liable for any loss, damage, or delay caused by such events.

If a force majeure event continues for an extended period, Clear Path Creative reserves the right to modify, suspend, or discontinue all or part of the Services without liability.

Termination of Services

Clear Path Creative, LLC reserves the right, in its sole discretion, to modify, suspend, or terminate your access to all or any part of the Services at any time, for any reason, and without prior notice, including but not limited to situations where:

  • You violate these Terms of Service or any applicable law or regulation;
  • You engage in fraudulent, abusive, or harmful conduct;
  • You provide false, misleading, or inaccurate information;
  • Your actions create a security risk, or expose Clear Path Creative, its users, or third parties to liability or harm;
  • The Services are discontinued, modified, or restricted for business or operational reasons.

Clear Path Creative shall not be liable to you or any third party for any modification, suspension, or termination of your access to the Services, or for any consequences resulting from such actions.

Effect of Termination:

Upon termination of your access to the Services, whether initiated by Clear Path Creative or by you:

  • Your right to use the Services will immediately cease.
  • Any obligations you owe to Clear Path Creative under these Terms, including but not limited to indemnification, liability limitations, and arbitration agreements, will survive termination.
  • Clear Path Creative may, but is not obligated to, delete or disable access to any content, data, or information that you have uploaded or submitted through the Services.

User Initiated Termination:

You may terminate your use of the Services at any time by ceasing all access to and use of the Services. However, any obligations or responsibilities you have accrued under these Terms prior to termination will remain in effect.

Service Discontinuation:

Clear Path Creative reserves the right to discontinue or modify any aspect of the Services, including terminating the Services entirely, at any time, without liability. If we discontinue the Services, we will endeavor to provide prior notice where feasible, but we are not obligated to do so.

Right to Amend Services

Clear Path Creative, LLC reserves the right, in its sole discretion, to modify, update, suspend, or discontinue any aspect of the Services, including the availability of any feature, content, or functionality, at any time and without prior notice.

No Liability for Changes:

Clear Path Creative shall not be liable to you or any third party for any modifications, suspension, or discontinuation of the Services, or for any consequences arising from such actions. This includes, but is not limited to, changes in the availability of information, features, tools, or other aspects of the Services.

User Responsibility:

It is your responsibility to review any updates or modifications to the Services. By continuing to use the Services after changes have been made, you acknowledge and agree to be bound by the updated Services and any applicable Terms.

No Guarantee of Continuity:

Clear Path Creative does not guarantee that the Services, or any portion thereof, will always be available or uninterrupted. The Services may be subject to periodic updates, maintenance, or technical issues that may affect access, and we will not be held responsible for any interruptions or lack of access to the Services.

Amendment of Features:

Clear Path Creative may introduce new features, functionality, or content, or modify or remove existing ones, at its discretion. Any new features added to the Services shall be subject to these Terms unless otherwise specified.

Continued Use of Services:

Your continued use of the Services following any changes constitutes your acceptance of the modified Services and any associated terms. If you do not agree to the changes, your sole remedy is to discontinue use of the Services.

Dispute Resolution; Binding Arbitration; Class Action & Jury Trial Waiver

Informal Resolution First:

Before starting arbitration, you and Clear Path Creative, LLC ("CPC") will try to resolve any dispute, claim, or controversy arising out of or relating to these Terms or the Services (a "Dispute") in good faith for 30 days after a written Notice of Dispute is received at:

Clear Path Creative, LLC
1500 N. Grant St #8052
Denver, CO 80203
Email: info@clearpathcreative.com

If not resolved within 30 days, either party may commence arbitration as set out below.

Agreement to Arbitrate; FAA:

Except for the specific exceptions below, you and CPC agree that all Disputes will be resolved exclusively by binding arbitration on an individual basis, administered by the American Arbitration Association (AAA) under its Consumer Arbitration Rules then in effect, and governed by the Federal Arbitration Act (FAA). The FAA governs the interpretation and enforcement of this arbitration provision.

The arbitrator has exclusive authority to resolve any dispute relating to the interpretation, applicability, enforceability, or formation of this arbitration provision, including any claim that all or part of it is void or voidable.

Forum & Format:

Arbitration will be conducted by a single arbitrator. Unless the arbitrator requires otherwise, the matter may proceed by telephone, video, or submission of documents. If an in-person hearing is required, the venue will be Denver, Colorado.

Fees:

AAA Consumer Rules govern arbitration fees. You will pay any consumer filing fee required by the AAA; CPC will pay the remaining AAA and arbitrator fees as required by those Rules. Each party pays its own attorneys' fees and costs, unless the arbitrator awards otherwise under applicable law, as applicable.

Available Relief:

The arbitrator may award any relief available in court (including injunctive relief or statutory damages) consistent with these Terms. The arbitrator's award is final and binding, and judgment on the award may be entered, confirmed, or vacated in any court of competent jurisdiction in accordance with the FAA.

Small-Claims Option:

Either party may bring an eligible claim in small claims court instead of arbitration.

Class/Representative Action Waiver:

Disputes must be brought in the parties' individual capacities only, not as a plaintiff or class member in any class, collective, consolidated, private attorney general, or representative proceeding. The arbitrator may not consolidate claims of more than one person or preside over any form of representative or class proceeding.

Jury-Trial Waiver:

If any Dispute proceeds in court rather than arbitration, you and CPC waive any right to a jury trial and agree that such matter will be heard by a judge (bench trial).

Injunctive/IP Carve-Out:

Either party may seek temporary or preliminary injunctive relief in court to protect intellectual property or address unauthorized access/use of data or privacy violations, pending final resolution in arbitration.

Severability & Survival:

If the class/representative waiver is found unenforceable as to a particular claim or request for relief, that claim/request must proceed in court; the remainder of this section will still apply. This section survives termination of these Terms and your use of the Services.

Limitation of Time to File Claims

Any cause of action or claim you may have arising out of or relating to these Terms or the Services must be commenced within one (1) year after the cause of action accrues. After this period, such cause of action or claim will be permanently barred.

Governing Law

Applicable Law:

These Terms and your use of the Services shall be governed by and construed in accordance with the laws of the State of Colorado, without regard to its conflict of law provisions, except that the Federal Arbitration Act governs the interpretation and enforcement of the arbitration provision above.

Jurisdiction:

For (a) eligible small-claims matters, (b) requests for temporary or preliminary injunctive relief concerning intellectual property or unauthorized access/use of data or privacy violations, and (c) arbitration-related actions (to compel arbitration, stay proceedings, or confirm/vacate/modify an award), the parties consent to the exclusive jurisdiction of the state and federal courts located in the City and County of Denver, Colorado.

Venue:

You waive any and all objections to the exercise of jurisdiction over you by such courts and to the venue of such courts, including any objection based on inconvenient forum (forum non conveniens).

Compliance with Local Laws:

The Services are controlled and operated from the United States, and we make no representations that the Services are appropriate or available for use in other locations. Those who access or use the Services from jurisdictions outside the United States do so at their own risk and are solely responsible for compliance with any applicable local laws or regulations, including but not limited to privacy, data protection, and consumer laws.

Agreement to Governing Law and Jurisdiction:

By using our Services, you agree to the governing law, jurisdiction, and venue provisions outlined in this section.

Changes to Terms

Modifications to Terms:

Clear Path Creative, LLC reserves the right to modify, update, or replace these Terms at any time, at its sole discretion. We will determine, in our sole discretion, whether any changes constitute a material change. If we make material changes to these Terms, we will provide notice by updating the effective date at the top of this page or by other means of communication deemed appropriate.

Continued Use Constitutes Acceptance:

By continuing to access or use our Services after any modifications take effect, you agree to be bound by the updated Terms. If you do not agree to the new Terms, you must discontinue use of the Services immediately.

Regular Review:

We encourage you to periodically review these Terms to stay informed of any updates. Changes to these Terms are effective immediately upon posting unless otherwise specified.

Severability:

If any provision of these Terms is found to be invalid or unenforceable by a court of competent jurisdiction, that provision will be limited or eliminated to the minimum extent necessary, and the remaining provisions will remain in full force and effect.

Contact Information

Questions About the Terms:

If you have any questions about these Terms, please contact us at:

Clear Path Creative, LLC
1500 N Grant St #8052
Denver, CO 80203
Email: info@clearpathcreative.com

Reporting Violations:

If you believe any user has violated these Terms, please report it immediately by contacting us at the email address listed above. We will review and address the matter as appropriate.

Feedback and Suggestions:

We welcome your feedback and suggestions to help improve our Services. By submitting feedback to Clear Path Creative, LLC, via email or otherwise, you agree that such feedback becomes the property of Clear Path Creative, LLC, and we may use or disclose it for any purpose without compensation to you.

Updates to Contact Information:

We may update our contact information from time to time. Please periodically review this section for the most up-to-date contact information.

Response Time:

We strive to respond to all inquiries within 2-3 business days. For urgent matters related to these Terms, please include the word “Urgent” in the subject line of your email for prioritized handling.

Legal Notices:

All legal notices should be sent via certified mail to the address listed above, with a copy emailed to info@clearpathcreative.com. Legal notices must include all relevant documentation and be sent in compliance with applicable legal standards.

For inquiries unrelated to these Terms, including general questions about our Services or your account, please visit our Contact Us page or review your account settings.