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TERMS AND CONDITIONS OF USE

Please read these terms and conditions very carefully before registering for the Conceptual Clarity web site and Service. These terms and conditions (“Agreement”) govern you accessing content and using www.shouteureka.com and its affiliate’s web sites and the Eureka client. This Agreement between you (“you”) and Conceptual Clarity, is subject to change by us as described below. DO NOT USE THIS SITE OR LOAD THE CLIENT UNTIL YOU HAVE CAREFULLY READ AND AGREED TO THE FOLLOWING TERMS AND CONDITIONS. LOADING OR OTHERWISE USING THE SITE AND/OR THE CLIENT CONSTITUTES ACCEPTANCE OF THE TERMS AND CONDITIONS SET FORTH IN THIS AGREEMENT. IF YOU DO NOT AGREE TO THE TERMS AND CONDITIONS OF THIS AGREEMENT, PLEASE DO NOT USE THE SITE OR USE THE CLIENT.

  1. This web site (“Site”) is owned and operated by Conceptual Clarity, LLC (referred to as “Conceptual Clarity” herein). The Site and its content (“Content”) and the Conceptual Clarity service including the Eureka client (“Service”) may only be accessed in accordance with this Agreement. Any violation of the copyright in the Content or these terms and conditions may be enforced by Conceptual Clarity or the copyright owner to the fullest extent allowed by law.
  2. You acknowledge and agree that Conceptual Clarity may stop (permanently or temporarily) providing the Services (or any features within the Services) to you or to users generally at Conceptual Clarity’s sole discretion, without prior notice to you. You may stop using the Services at any time. You do not need to specifically inform Conceptual Clarity when you stop using the Services. You acknowledge and agree that if Conceptual Clarity disables access to your account, you may be prevented from accessing the Services, your account details or any files or other materials which is contained in your account.
  3. You agree not to access (or attempt to access) any of the Services by any means other than through the interface that is provided by Conceptual Clarity, unless you have been specifically allowed to do so in a separate agreement with Conceptual Clarity. You agree that you will not engage in any activity that interferes with or disrupts the Services (or the servers and networks which are connected to the Services). You agree that you will not reproduce, duplicate, copy, sell, trade or resell the Services for any purpose. You, directly or indirectly, alone or with any other party, may not: (i) modify, change, create derivative works of, disassemble, decompile or otherwise reverse engineer the Service, or remove proprietary legends in the Service; (ii) make the Service available to others in a service bureau arrangement or for any similar commercial time-sharing or third party training use; or (iii) transfer the Service to any third party for outsourcing or any other purpose. You agree that you are solely responsible for (and that Conceptual Clarity has no responsibility to you or to any third party for) any breach of your obligations under this Agreement and for the consequences (including any loss or damage which Conceptual Clarity may suffer) of any such breach.
  4. Conceptual Clarity may, in its sole discretion, provide you updates to the Service. Conceptual Clarity is under no obligation to provide you with any updates, support, or maintenance of the Service.
  5. You understand that all information (such as data files, written text, computer software, music, audio files or other sounds, photographs, videos or other images) which you may have access to as part of, or through your use of, the Services are the sole responsibility of the person from which such materials originated, which may be you.
  6. Conceptual Clarity reserves all rights not specifically granted herein. You shall not modify any copyright notices, proprietary legends, any trademark and service mark attributions, any patent markings, and other indicia of ownership on the Content or other materials accessed through the Service. The delivery of, and license to, the Content and/or access to third party materials does not transfer to you any commercial or promotional use rights in the Content or any portion thereof. Any use of Content, or descriptions; any derivative use of this Site or its materials; and any use of data mining, robots, or similar data gathering and extraction tools is strictly prohibited. In no event shall the user frame any portion of the Site or any materials contained therein.
  7. While Conceptual Clarity uses reasonable efforts to include accurate and up-to-date information on the Site, Conceptual Clarity makes no warranties or representations as to its accuracy. Conceptual Clarity assumes no liability or responsibility for any errors or representations in the Content or this Site.
  8. The Site may contain links to other sites on the Internet which are owned and operated by Third Party Vendors and other third parties (the “External Sites”). You acknowledge that Conceptual Clarity is not responsible for the availability of, or the materials located on or through, any External Sites. You should contact the site administrator or webmaster for those External Sites if you have any concerns regarding such links or the materials located on such External Sites.
  9. Users of the Site may post comments, reviews, and other materials and submit suggestions, ideas, or other information, provided, the materials do not contain any unlawful, harmful, threatening, abusive, harassing, defamatory, vulgar, obscene, or hateful content or content which is racially, ethnically or otherwise objectionable, or which infringes upon the rights of any third party. You acknowledge that by accessing the Site, you may come into content that you find harmful, offensive, threatening, indecent or objectionable and you acknowledge that Conceptual Clarity shall have no liability to you for the content including, but not limited to explicit language and other potentially offensive material. The user agrees to not impersonate any person or communicate under a false name or a name the user is not entitled or authorized to use. Conceptual Clarity has the right (but not the obligation) to remove, prohibit, edit or discontinue any content on the Site, including content that has been posted by users.
  10. If you post content or submit material, unless such content or material submittal is subject to separate terms and conditions, you grant Conceptual Clarity and its affiliates a perpetual, irrevocable, worldwide, royalty-free, non-exclusive, sublicensable right and license to make, use, sell, sublicense, reproduce, distribute, perform, display, prepare derivative works from and otherwise exploit all such content and material as if it were the full owner thereof. Furthermore, you grant Conceptual Clarity, its affiliates, and sublicensees the right to use your name and/or user name in connection with the content. You represent and warrant that all content and materials you provide shall be your original work product and will not be based on, or derived from, the proprietary information or items of a third party. Furthermore, you represent and warrant that your use of the Service in connection with any Content or third party content complies with all laws including, but not limited to, United States copyright law. You will defend and indemnify Conceptual Clarity and its affiliates from any claims resulting from any content or materials you provide hereunder or your use of the Service.
  11. At your discretion, you may provide feedback to Conceptual Clarity concerning the functionality and performance of the Service from time to time, including, without limitation, identifying potential errors, improvements, modifications, bug fixes, or enhancements (“Feedback”). If you, through your evaluation or otherwise, suggests any Feedback, you hereby grants and agrees to grant to Conceptual Clarity at no charge a perpetual, irrevocable, royalty-free, worldwide right and license to use, reproduce, disclose, sublicense, distribute, modify, and otherwise exploit such Feedback without restriction. You agree that Conceptual Clarity may disclose that Feedback to any third party in any manner and you agree that Conceptual Clarity has the ability to sublicense all Feedback in any form to any third party without restriction.
  12. Subject to the rights and licenses contained herein, you will have ownership rights to your underlying data, the aggregated views you make on top of the data, or the names you decide to give the views. Conceptual Clarity may collect and analyze the data and data structures you post on the Site and your other activities on the Site in order to tailor the Service and advertising on the Site to individual user needs and interests and enhance the user experience.
  13. The Site contains areas in which additional terms and conditions apply. For purposes of the use of such areas, in the event of a conflict between the terms and conditions of such other areas and these Terms and Conditions, the terms and conditions of the other area shall prevail. Conceptual Clarity may at any time revise these Terms and Conditions by updating this posting. You are bound by any such revisions and should therefore periodically visit this page to review the current Terms and Conditions to which you are bound.
  14. You shall not transmit to Conceptual Clarity or upload to this Site any Harmful Code or use or misappropriate the data on this Site for your own commercial gain. “Harmful Code” shall mean any software (sometimes referred to as “viruses,” “worms,” “trojan horses,” “time bombs,” “time locks,” “drop dead devices,” “traps,” “access codes,” “cancelbots” or “trap door devices”) that: (a) is intentionally designed to damage, disrupt, disable, harm, impair, interfere with, intercept, expropriate or otherwise impede in any manner, any data, storage media, program, system, equipment or communication, based on any event, including for example but not limited to (i) exceeding a number of copies, (ii) exceeding a number of users, (iii) passage of a period of time, (iv) advancement to a particular date or other numeral, or (v) use of a certain feature; or (b) would enable an unauthorized person to cause such result; or (c) would enable an unauthorized person to access another person’s information without such other person’s knowledge and permission.
  15. You may not use your username and password for any unauthorized purpose.
  16. Conceptual Clarity may retain and use, information collected in your use of the Service, provided such information does not individually identify you.
  17. Conceptual Clarity may terminate your access to our Site or the Service for any reason.
  18. By using this Site and/or the Client, you signify your assent to these terms of use and agree to comply with all applicable laws and regulations, including U.S. export and re-export control laws and regulations, copyright laws and other laws regarding intellectual property. If you do not agree to these terms of use, please do not use the Site. THIS AGREEMENT SHALL BE GOVERNED AND INTERPRETED BY THE INTERNAL LAWS OF THE STATE OF TEXAS WITHOUT REGARD TO THE CONFLICTS OF LAW PROVISIONS THEREOF. ANY ACTION OR SUIT RELATED TO THIS AGREEMENT SHALL BE BROUGHT IN AUSTIN, TEXAS.
  19. The materials on this Site are provided with “Restricted Rights.” Use, duplication, or disclosure by the Government is subject to restrictions as set forth in applicable laws and regulations. Use of the materials by the Government constitutes acknowledgment of Conceptual Clarity’ proprietary rights in them.
  20. THE MATERIALS, CONTENT ON THIS SITE AND SERVICES ARE PROVIDED “AS IS”, “AS AVAILABLE” WITHOUT WARRANTIES OF ANY KIND EITHER EXPRESS OR IMPLIED. CONCEPTUAL CLARITY SHALL HAVE NO RESPONSIBILITY OR LIABILITY FOR ANY CONTENT, MATERIALS POSTED ON THE SITE OR SERVICES. TO THE FULLEST EXTENT POSSIBLE PURSUANT TO THE APPLICABLE LAW, CONCEPTUAL CLARITY DISCLAIMS ALL WARRANTIES, EXPRESSED OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NONINFRINGEMENT OR OTHER VIOLATION OF RIGHTS.
  21. UNDER NO CIRCUMSTANCES, INCLUDING, BUT NOT LIMITED TO, NEGLIGENCE, SHALL CONCEPTUAL CLARITY OR ITS THIRD PARTY LICENSORS BE LIABLE FOR ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES, INCLUDING, BUT NOT LIMITED TO, LOSS OF DATA OR PROFIT, ARISING OUT OF THE USE, OR THE INABILITY TO USE, THE MATERIALS ON THIS SITE OR THE SERVICE, EVEN IF CONCEPTUAL CLARITY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES AND NOTWITHSTANDING THE FAILURE OF ESSENTIAL PURPOSE OF ANY REMEDY. CONCEPTUAL CLARITY’S AND ITS LICENSORS’ ENTIRE AND AGGREGATE LIABILITY, WHETHER BASED IN CONTRACT, TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY OR OTHERWISE, SHALL NOT EXCEED $100, EVEN IF CONCEPTUAL CLARITY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES AND NOTWITHSTANDING THE FAILURE OF ESSENTIAL PURPOSE OF ANY REMEDY. IF YOUR USE OF MATERIALS FROM THIS SITE OR THE SERVICE RESULTS IN THE NEED FOR SERVICING, REPAIR OR CORRECTION OF EQUIPMENT OR DATA, YOU ASSUME ANY COSTS THEREOF. SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU.
  22. This Agreement shall constitute the entire agreement between the parties regarding the subject matter hereof and supersede all proposals and prior discussions and writings between the parties with respect thereto. No failure or delay in enforcing any right or exercising any remedy will be deemed a waiver of any right or remedy. Each provision of this Agreement is a separately enforceable provision. If any provision of this Agreement is determined to be or becomes unenforceable or illegal, such provision shall be reformed to the minimum extent necessary in order for this Agreement to remain in effect in accordance with its terms as modified by such reformation.

    23. END TERMS AND CONDITIONS